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  1. #1
    Join Date
    Apr 2007
    Location
    California
    Posts
    2

    Default Changing The Child's Name and Correcting The Father's

    Hi,
    I live in California and my daughter is now 13 years old. I would like to change my daughter's last name and the name of the father on her birth certificate. I had a paternity test done and the name of the father I put on the original birth certificate is not right. Her biological father is willing to do whatever it takes to get his name on her birth certificate. How do I correct my daughter's birth certificate? I was not married when my daughter was conceived to either gentlemen.

  2. #2
    Join Date
    Jul 2006
    Posts
    392

    Default Re: Changing the last name of the child & changing the name of the father

    I would start out by contacting the office that issued you the original birth certificate, and ask where you can send the proof of him not being the father, to get it taken off. I would also ask, if you send them proof of the bio dad, if they can put his name on in return. They will know the process for this. As far as changing the name of the child, you will have to go to court, to request this. Once the birth certificate is taken care of, and correct, you can simply explain this to a judge, and have it done, though I think it costs money any time you change your legal name.

  3. #3
    Join Date
    Apr 2007
    Location
    California
    Posts
    2

    Default Re: Changing the last name of the child & changing the name of the father

    I've tried going to the office that issued the birth certificate and was told that I had to go to court to change the name of my daughter. I went to court and the judge granted a name change for my daughter and I had to wait until the name change was posted in local newspapers. But that still does not change the name to the biological father. I will try again.

  4. #4
    Join Date
    Jul 2006
    Posts
    392

    Default Re: Changing the last name of the child & changing the name of the father

    Quote Quoting seekinginfo
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    I've tried going to the office that issued the birth certificate and was told that I had to go to court to change the name of my daughter. I went to court and the judge granted a name change for my daughter and I had to wait until the name change was posted in local newspapers. But that still does not change the name to the biological father. I will try again.
    Maybe you will have to go to the same judge, to see if HE can order the change on the birth certificate?? It is easy to get a name changed, but a whole different story to change the responsibility of the one who could be paying child support. Good luck to you, and keep in tabs on how this goes!! You may want to ask the one who said go to the judge, if you have to have the judge order them to change the birth dads name on the birth certificate. You need to let them know that it is important, for if the real dad died, you would need all the verification you could get, to make sure the child had what was coming to her like social security or something along those lines. If they tell you that only a judge can take the name off and replace it with the real dads name, then have them put it in writing and take that to the judge who changed the name, and see what he says.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Changing the last name of the child & changing the name of the father

    The judge won't randomly change a birth certificate to name a third party as father based on an "I said so". It is most likely to happen either as the result of a paternity action which establishes the new father as the biological father, or through step-parent adoption. If the wrongly identified father does not object and the biological father wishes to be named, I would suggest that bio dad consult a family lawyer about bringing a paternity action, given the unusual circumstances and the delay in acting.

  6. #6
    Join Date
    Jul 2006
    Posts
    392

    Default Re: Changing The Child's Name and Correcting The Father's

    I agree with Mr. Knowitall completely, for any judge to change the fathers name, it will be your responsibility, to prove why it should be changed, and only a D.N.A test would be so conclusive. Good luck to you!!

  7. #7
    Join Date
    Mar 2007
    Location
    California
    Posts
    174

    Default Re: Changing The Child's Name and Correcting The Father's

    In order to amend the child's birth certificate, you will need a court order signed by a judge ordering the old father's name removed, and the new father's name put in place (as well as an order to change the child's name). Exactly how to do that can be found here. As stated above, you will either need a DNA test or a step parent adoption (which wouldn't apply) in order to do this because no, the court doesn't take the because I want to request.

    Good luck.

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