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  1. #1
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    Jan 2006
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    Default Re: Amend Minor's Birth Certificate to Reflect Bio Father's Last Name

    Quote Quoting nj83
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    jk, thanks!

    So now I have to clarify whether the DNA case adjudicated legal dad's rights (probably not). Then I file for amendment of the BC WHERE? DC? How do I go about not being a resident of DC?

    I went to DC court and the free attorney over there told me that since I am not the resident of DC I cannot start the case in DC.
    as you can see here:

    (b-2)
    (1) Subject to the requirements of this section, the court may issue a judgment adjudicating the parentage of a child born to parents who reside outside of the District of Columbia in a proceeding to determine parentage, pursuant to § 16-2342, if:


    (A)
    The child was born in the District of Columbia;


    (B)
    Both individuals seeking a judgment adjudicating parentage have a legal relationship with the child through a presumption of parentage under this section or meet the requirements of parentage in subsection (e) of this section; and


    (C)
    Both parents submit to the jurisdiction of the District by consent in a record, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction.


    (2)
    Upon the determination of parentage under this subsection, the court shall issue a judgment adjudicating the parentage of the child.


    (3)
    This subsection shall apply retroactively to all children born in the District of Columbia on or after July 18, 2009.

    free lawyer is just plain wrong.


    You do not have to be a resident of DC to amend a birth certificate issued by DC. That would preclude anybody that had a child born in DC but living elsewhere then or at a later time to be prohibited from correcting the birth certificate. Not gonna happen.








    but you are not looking to determine if dad's rights have been addressed but very simply, has he been acknowledged/named as the legal father. While that would typically infer rights, there are some situations that would preclude some of the rights of the legal father so what you want is whether legal paternity has been established irrespective of any rights that may or may not come along with that.

    I would contact the office of vital statistics and ask them if they accept a court order from MD establishing legal paternity. If so, and your order from the court does that, then you present that and the proper application to the office of vital statistics. If they won't, then you would have to institute an action in the DC courts to establish legal paternity and then present that order along with the application to amend to the office of vital statitics.


    and yes, DC does have a limit for much of the actions involved here and yes, it is 2 years so you need to get moving if you intend on doing anything.

  2. #2
    Join Date
    May 2014
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    11

    Default Re: Amend Minor's Birth Certificate to Reflect Bio Father's Last Name

    I showed the Office of Vital Statistics the DNA papers and the court order of bio being the bio. They refused to change anything and gave me a rejection letter "we would need a court order, ordering vital record to remove the incorrect father and add the correct father, and change the child name"

    I got you with whether bio dad was addressed/named as a legal father.

    If I file a case in DC to amend BC but they will ask me for more papers (eg establish bio dad as a legal father) and it would take me another month meanwhile my son turns 2, will I be rejected?

  3. #3
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    Default Re: Amend Minor's Birth Certificate to Reflect Bio Father's Last Name

    Quote Quoting nj83
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    If I file a case in DC to amend BC but they will ask me for more papers (eg establish bio dad as a legal father) and it would take me another month meanwhile my son turns 2, will I be rejected?
    that one I cannot answer for certain but I would think you would be ok. Filing a court action usually stops the clock regarding statutes of limitation but do not risk this on my statement. I could be totally wrong.

  4. #4
    Join Date
    Nov 2007
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    Officially across the country from where I've been all my life
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    Default Re: Amend Minor's Birth Certificate to Reflect Bio Father's Last Name

    DC will accept a properly written order from another state. The problem is the OP's order isn't written in a way that it directs the court to address the issues (adjudication of paternity, changing the child's name and ordering a new birth certificate to reflect the changes).

    The OP doesn't need a new order from a new court, she needs the current order modified nunc pro tunc.

  5. #5
    Join Date
    May 2014
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    Default Re: Amend Minor's Birth Certificate to Reflect Bio Father's Last Name



    CourtClerk

    What is OP?

    How do I rewrite the order? Do I file the motion and just explain in my own words that I want the bio dad named as the legal father, adjudicate my ex husband from his paternal rights and request to amend the BC? The thing is that MD says they do not have the authority with regards to amending DC BSes but in the office of vital records they said it does not matter which state the order comes from.

  6. #6
    Join Date
    Nov 2007
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    Officially across the country from where I've been all my life
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    Default Re: Amend Minor's Birth Certificate to Reflect Bio Father's Last Name

    Quote Quoting nj83
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    CourtClerk

    What is OP?
    That's you
    How do I rewrite the order?
    I'm not going to go step by step for you. If you utilized the services of an attorney, you need to call them. If you didn't you need to research how to write an order that satisfies the needs of the Department of Vital Statistics while still satisfying the needs of the court and follows the law.
    Do I file the motion and just explain in my own words that I want the bio dad named as the legal father, adjudicate my ex husband from his paternal rights and request to amend the BC?
    Not exactly. That's what you're going to have to research. You can't write it in your own words. It needs to be written in legalese.
    The thing is that MD says they do not have the authority with regards to amending DC BSes but in the office of vital records they said it does not matter which state the order comes from.
    Both are correct. MD cannot ORDER DC to do anything, but they will accept a properly written order from a foreign state that meets their requirements for amending a birth record. You have to remember that a birth certificate is a legal document. It can't be filed willy nilly and it can't be changed just willy nilly.

    The other thing I need to address is that it is wholly irresponsible of you to wait 2 years to address the issue of the wrong sex of the child being put on the birth certificate. Saying "I just use hospital records" is just lazy because at some point, hospital records aren't going to suffice for your child to navigate themselves through life and the longer you wait to deal with something that could have been easily corrected on the day you signed the birth certificate or the minute you received your copy in the mail, the harder it gets for you to correct those errors.

    Once that certificate gets filed with the State, you're no longer dealing with a hospital and a county that has to fix what amounts to a simple clerical error.
    You're now dealing with a birth certificate that needs to be legally sealed and the works done. I can't imagine what you could have been doing for the last 2 years that this has been put on the back burner.

    Not that you want to hear it, but you seriously need to get your priorities straight. You sound too young to have all this drama going on in your life and now you're not allowing someone else to live their life because they have to help you deal with your mess. Hire an attorney to fix this and allow your ex husband to go be free of you.

  7. #7
    Join Date
    May 2014
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    11

    Default Re: Amend Minor's Birth Certificate to Reflect Bio Father's Last Name

    CourtClerk

    The gender and misspelling is a quick fix. I called the hospital and Office of Vital Statistics, and they said it's not a problem.
    With the legal/bio dad situation I was on my own. I did not have an attorney. I am looking for one right now. But it seems such case are pretty rare (even though on average third of fathers raise nonbiological children and do not even know about it up to a moment). I do not know where you are located, but if you know any in Maryland, please give me the contacts.


    As to my maturity/responsibility level. It's always easy to put a blame on a woman. There are 3 people involved. I am not the one who is wholly responsible for everything.
    My ex husband left me way before the baby was conceived. He was pretty reluctant to be divorced. I am very delicate when asking him of something and never pressure him. I was the one who did all the paperwork and spent many many hours reading the laws and provisions.

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