Re: Amend Minor's Birth Certificate to Reflect Bio Father's Last Name
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.
How do I rewrite the order?
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.
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?
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 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.
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.
If you wanted babies all to yourself, you should have created them by yourself. Until you do that, children have the right to BOTH parents, especially since you found them suitable to procreate with.