Can I Remove A Parents Name From A Birth Certificate
A birth certificate is a legal identification document which records information about a personâs birth, such as where they were born and when. This document is completed for all births that occur in the United States. By American law, information regarding births and other such statistics are to be collected and published at the national level. Having a birth certificate is necessary for obtaining many other legal documents, such as a passport or a driverâs license.
Generally speaking, both of the childâs parents will be named on the birth certificate. The law does allow for the removal of a parentâs name from their childâs birth certificate under specific circumstances. The legal process to remove a fatherâs name from a birth certificate varies on a state by state basis. Because a birth certificate is a necessity, it is imperative that the childâs birth certificate contains accurate information.
A common example of this would be when a person is mistakenly named as the childâs biological father on the birth certificate. This may happen when a couple is married at the time of the childâs birth, but the parent named on the birth certificate is not the childâs biological father. Generally when a couple is married, and a child is born, that child will be considered to be born of the marriage.
Removing Your Fathers Name From Birth Certificate
There are only two acceptable reasons for removing or changing a fathers name on a birth certificatenon-paternity or terminating or relinquishing parental rights .
To remove or change the fathers name in a birth certificate, you must file an appeal with the court and present valid reasoning for your case.
If You Can’t Return The Original
Youll need to provide a Statutory Declaration explaining why. Learn more about how to digitise and upload documents.
Once we’ve corrected the record, you’ll need to apply for a new birth certificate. There is a fee for the new certificate.
We recommend that you dont order a new certificate until weve corrected the record.
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Can A Fathers Name Be Removed From A Birth Certificate
As the birth certificate is a historical document, changes to this can only be made in rare circumstances. So can a fathers name be removed from a birth certificate? Under the UK law it is possible to remove father from birth certificate. However, what must be noted when considering removing name from birth certificate is that you can only remove father from birth certificate if the father is not the biological and natural father. It is not possible to remove father from birth certificate who is the natural father of a child. Therefore, no matter how strained your relationship is with your former partner you are not able to remove father from birth certificate.
Who Has Parental Responsibility
A biological mother of the child will automatically have the PR of her child.
In case of a married father if he is married to the biological mother at the time of the birth of the child or marries her after the birth of the child he will automatically have parental responsibility for the child.
However, if the biological mother is not married to the father of the child and the child was born before 1st December 2003, such father will not have the PR automatically. Nonetheless, the father can acquire the PR in the following ways which will be discussed in the second part of this answer.
Another scenario is if the biological mother is not married to the father of the child and the child is born on or after 1st December 2003, such father will automatically have PR for the child provided his name is registered on the birth certificate of the child.
An important thing to note is that the Children Act 1989 has laid down provisions for the civil partners and same-sex spouses to obtain parental responsibility.
Essentially, if a child is conceived through artificial insemination on or after 6th April 2009 and the mother was in a civil partnership, that civil partner will automatically have PR for the child. If the mother was married to her same-sex spouse and the child was conceived through artificial insemination, the spouse will also automatically obtain the PR for the child. Provided both the names should be added on the birth certificate.”
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What Are The Benefits To Having The Fathers Name Corrected On A Birth Certificate
If you have found out that the person listed on your birth certificate is not someone that you want to be associated with and you know that you are not related to them, you might not want to have their name appear in any connection legally with your own. You might also want to avoid a connection with an abusive step-parent or someone who might seek to have control over your personal affairs.
For those who have criminal parents listed on their birth certificate who is not biologically related to them, getting away from the association with criminal activity can be a big relief as well. The biggest factor that is often under consideration when making this change, however, is that it will remove the parental rights and responsibilities of the father that was listed on the birth certificate.
In some cases, this is an essential change to make for the safety and well-being of you and your family.
What To Consider When Removing Name From Birth Certificate
One of the main considerations when you are looking to remove father from birth certificate is that the person who is removed will lose their parental rights. This means if you remove father from birth certificate, they will no longer have parental responsibility. The father will not be responsible for providing a home for the child or to protect and maintain a child. This is an important factor to consider especially if something happens to the mother.
If the father is not named on the birth certificate and the mother is later unable to care for the child, the courts and local authority may place the child into the care of social services or place the child under a placement order or a care order. In contrast if the father was named on the birth certificate, he would retain parental responsibility over the child and will be able to make decisions for the child in the even the mother is not able to.
Another consideration of removing the father is that the mother may find it difficult to obtain child maintenance for the child from the father. If the mother is later unable to financially support herself and the child then she potentially may lose out, whereas if the father remains on the birth certificate, he may be responsible for the maintenance of the child.
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How Do I Remove The Presumed Father From The Birth Certificate When It Turns Out That He Is Not The Biological Father
Paternity may be established in two ways:1. The biological father mails both his own voluntary acknowledgement of paternity document and a signed and notarized waiver of paternity affidavit from the presumed father to the Hospital Paternity Program , or2. Biological paternity is established through a court order and the appropriate paperwork has been given by the biological parent to the clerk of the court. Once either of these steps are completed then the presumed father will be removed from the birth certificate and the biological father will be added.Your court might have a do-it-yourself packet to establish paternity. If not, many courts accept the packet of Maricopa County. Resources: Department of Economic Security – Waiver of Paternity Affidavit
Possible Reasons For The Name Removal
Generally, there are very few possible reasons to remove the fathers name from the Birth certificate:
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If by the order of the court, father no longer has Parental Responsibility
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If the mother has wrongly presumed the father .
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Father is found guilty of physically harming the child
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Father has committed a sexual assault against the child
Its not possible to remove the fathers name for reasons such as lack of support or absence. The court will only issue a name removal order or limit the fathers rights through a Prohibited Steps Order
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How Is The Correction Process Completed
Once the change has been approved and verified, you will send a form and the correct fee to the registration office that your certificate was created by. The original information will always show in their register, but the correction will be added as a margin to the ledger.
Your new certificate will have the same note in the margin and display the original information. Short birth certificates will include only the childs details and not have notes in the margins. Your full certificate will still show the correction, but the short one will just show your corrected details.
Help If He Is Not The Biological Fathercan I Remove His Name From Birth Certificate
By Harold Ayodo | 5yrs ago | 2 min readCan I delete his name? Photo: Courtesy
I am a mother of an eighteen-month-old baby and want to delete the name of the father from my little angel’s birth certificate.
It is a long story but briefly, he is not the biological father. I parted ways with the biological father after he learnt that I was expectant.
His argument was that as a married man who is an elder in church, having a baby out of wedlock would be a scandal he would never live down.
That was when our relationship turned sour and I met a man who accepted my pregnancy and was fine with being inserted as the father on the birth certificate.
However, he has since said that he is not comfortable with his name on the document as he is not the biological father. I have now resolved to sort this issue early before my baby grows up.
Can the Registrar of Births & Deaths delete the name upon request?
Regina, Nairobi
The Registration of Births and Deaths Act is silent on whether the Registrar can delete or alter the name of a parent on the birth certificate.
What the Act provides for is that the name of a child can be changed when the baby is below two years old.However, even though the law that regulates the procedure of registration of names does not provide for deletion of the father’s name, the High Court may come in handy as long as there are valid and compelling reasons.
The Judge ruled that:
I also order that the third respondent deletes the name from the Birth Certificate.”
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How Can Donotpay Help When Removing A Non
Since one of the most important components of getting a non-biological father removed from an official document is obtaining an authorized certified birth certificate, it’s essential you get every step done right. By signing up for DoNotPay, you can be assured you’re getting the proper documents you need to accomplish what you want for your child.
First, youll need an as it is.
To get one, simply:
Your Child’s Best Interest
It’s important to understand that even if you have evidence of non-paternity, sometimes the court won’t allow you to remove the father’s name from the birth certificate, mainly if the “parent” has supported the child. The judge’s primary concern is whether removing the father’s name is in the child’s best interest.
It’s critical for you to act quickly if you believe you listed the wrong father, and, if you’re the person listed on the birth certificate, but you have doubts about the accuracy, act quickly, or you risk the court ordering you to care for a child that isn’t yours.
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Request Process Through Nc Vital Records
- Mailâ¯us the completedâ¯Birth Certificate Modification Application Form, including the completed Affidavit of Parentage for Child Born out of Wedlock and required identity documents indicated on pages 2-3 of the application. This fee includes a copy of the amended certificate if the application is approved.
- Be sure to write in the reason for the modification under Part II.
- Include the notarized paternity acknowledgment affidavits or court order.
- Provide the required identification documents as indicated on page 2 of the application.
- Note that we cannot modify a field on a birth certificate if that field has been previously modified without a court order. If you are unsure whether the field you are requesting to modify has been previously modified, you may first submit a “Request to Amend a Record” form to our office. However, we encourage you to thoughtfully consider whether submission of this form could be required for your birth certificate, as additional processing time will apply.
- Mail us the completed Request to Amend a Record Formwith a $24 search fee . Note: This form is used only to make a request and does not authorize any changes to the record. Additional processing times will apply.
- After we receive your form with the requested change and the fee, we will evaluate your request and respond in writing with further instructions.
Changing Your Child’s Name
Depending on your child’s age, changing her name may not be too complicated. Most states allow parents to modify the birth certificate and change a child’s name within one year of birth, but with limitations. For example, if your child’s name is misspelled, you can request a correction without any additional steps. However, every state varies in its rules, so if you aren’t sure what your state requires, you may want to contact a family law attorney.
If the court hasn’t determined paternity for your child, and the person listed on the birth certificate isn’t the biological parent, you should be able to change your daughter’s name on her birth certificate without much trouble. But, you should contact your Department of Vital Records to inquire what steps you need to take.
Remember, if the court identifies your child’s biological parent, you may need to use the formal name change process and notify the other parent before the court will consider a change. Start by contacting your local court to determine which court handles name changes. In many states, the probate court will deal with your request.
If you’re dealing with paternity or birth certificate issues and you aren’t sure how to proceed, you can use Nolo’s lawyer directory to find a qualified attorney near you.
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Removing The Wrong Fathers Details
You can apply to change who the recorded father is if you can prove that the man named on the certificate is not the natural father of the child. Examples of proof include:
- a DNA test record from an approved tester
- evidence that confirms the name of the true biological father
- other evidence that confirms the recorded father could not have been the childs natural father
What If The Hospital Spelled The Fathers Name Incorrectly On The Certificate
It may be that the named father on the birth certificate is correct, but the spelling of their name is not due to an error on the part of the hospital. In the state of California, misspellings may be corrected without needing to complete the process of obtaining a court order and proving paternity. Correcting a spelling error on a birth certificate can be accomplished by submitting an affidavit to amend a birth certificate form, to the Department of Vital Records.
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Is There Any Benefit To Removing Name From Birth Certificate
One of the main benefits to removing name from birth certificate is that the child will have nothing to do with the parent who is removed. In most instances it is a mother who would like to remove the fathers name. This is usually the case where the father named may not be a biological father or if the father has been abusive or criminally misbehaved and the mother would like the child to have no connection with the father.
Another benefit of removing name from birth certificate is that if the father who is to be removed is not the biological father, he will lose his parental responsibility. This means that father will not be able assert parental rights over the child or establish contact with the child unless the mother authorises, or the court grants parental responsibility to the father.
How To Request A Change To A Fetal Death Report
If you want to request a change to a death certificate through our office:
- Mail us the completed Request to Amend a Record Form with a $24 search fee . This form is used only to make a request and does not authorize any changes to the record.
- Be sure to note on the form what type of change is needed.
- After we receive your form with the requested change and the fee, we will evaluate your request and respond in writing with further instructions.
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