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  1. #1
    Join Date
    Mar 2009
    Location
    New jersey
    Posts
    1

    Default Removing the Wrong Person Off Birth Certificate

    My question involves paternity law for the State of: New Jersey
    My question is, when i was pregnant my sons father was deported to another country so my ex boyfriend steped up and signed the birth certificate. we didn't stay together and he doesn't want my son. So i would like to know how i can remove his name off the birth certificate and change his last name to mine? thank you.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,303

    Default Re: Removing the Wrong Person Off Birth Certificate

    You were well aware that your child belonged to the man who was deported, and you let someone else sign the birth certificate anyway? Did you know that such action is fraud?

    That's going to make things very difficult for you.

    Your ex boyfriend will need to contest the paternity and ask for genetic testing.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Removing the Wrong Person Off Birth Certificate

    Quote Quoting New Jersey Statutes, Sec. 9:17-41(b) - Establishment of parent-child relationship; termination of natural parental rights; action.
    b.The natural father, may be established by proof that his paternity has been adjudicated under prior law; under the laws governing probate; by giving full faith and credit to a determination of paternity made by any other state or jurisdiction, whether established through voluntary acknowledgment or through judicial or administrative processes; by a Certificate of Parentage as provided in section 7 of P.L.1994, c.164 (C.26:8-28.1) that is executed by the father, including an unemancipated minor, prior to or after the birth of a child, and filed with the appropriate State agency; by a default judgment or order of the court; or by an order of the court based on a blood test or genetic test that meets or exceeds the specific threshold probability as set by subsection i. of section 11 of P.L.1983, c.17 (C.9:17-48) creating a rebuttable presumption of paternity.

    In accordance with section 331 of Pub.L.104-193, a signed voluntary acknowledgment of paternity shall be considered a legal finding of paternity subject to the right of the signatory to rescind the acknowledgment within 60 days of the date of signing, or by the date of establishment of a support order to which the signatory is a party, whichever is earlier.

    The adjudication of paternity shall only be voided upon a finding that there exists clear and convincing evidence of: fraud, duress or a material mistake of fact, with the burden of proof upon the challenger;
    There are a number of cases where a man who voluntarily signed an affidavit of parentage, knowing he was not the biological father, was not granted an order of nonpaternity subsequent to the 60-day window or the entry of a support order. I suggest that you work with a lawyer.

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