Last Updated on May 11, 2022 by Fair Punishment Team
Do you need to remove a name from a birth certificate but aren’t sure how to do it? Perhaps you have found out that you are not the biological father of a child and want your name removed?
Or maybe you are looking to change your own birth certificate but don’t know where to start? Whatever your reason might be, we have the answer for you!
Birth certificates and parentage can be a highly emotive topic, especially if the names on there are not the correct ones.
It can lead to people raising children that are not biologically theirs, paying support for them, or having children they know nothing about.
And while this is devastating for the parents, it can also impact the child too.
If you find yourself in this situation, you will likely just want answers. You will want to know how this has happened and what you can do about it.
One thing to do is remove the non-biological father’s name from the birth certificate.
This absolves him of his legal duty to the child and is vital if they are paying child support or other payments to help raise and support the child.
But how do you do this? With so many different answers out there, it can be confusing and leaves you unsure where to turn or who to trust. Thankfully for you, that’s where we come in!
Today we are here to tell you how you can take a non-biological father off a birth certificate and anything else you need to know! Just keep reading to find out more.
How To Take Non-Biological Father Off Birth Certificate
Let’s get straight into it! How to remove a non-biological father from a birth certificate varies depending on the state that you live in.
In some states, you simply need to amend the birth certificate, remove the non-biological father’s name and replace the biological father’s name or leave it blank if you prefer.
This can often be done without an attorney too. To do this, you need to contact your state’s Vital Records department, which can assist you with the process.
It is best to contact this department to find out how you remove a name from the birth certificate no matter what state you are in.
They will be able to inform you of the process and provide assistance if needed.
Although we mentioned earlier that you don’t always need an attorney for this, you can hire one if you are unsure or would like some assistance.
So what are some of the other ways that you can remove a non-biological father from a birth certificate?
Well, in some states you will have to complete an application to remove or replace a father on a birth certificate.
To remove the name, you will need to fill out the form and a copy of a court order. This can be a judgment of divorce or a court determination of non-paternity.
Often for these, you will need to take a paternity test to prove that the man listed on the birth certificate is not the child’s biological father.
Whether you need a paternity test or not as proof will depend on the state that you live in.
Generally, at-home paternity tests are not recognized by the court and you will need a court order for non-paternity.
This can be done through your local court system, so be sure to contact them for more information and assistance.
They can help you arrange the test, and will use the results to allow you to submit the change on the birth certificate to the Department of Vital Records.
In other states, you will need to file a legal request through the court before making any changes to a birth certificate.
Some states, like California, have a two-step process. First, you need to file a motion with the court and obtain a court order allowing you to remove the father’s name.
Here, you will need to prove that the man listed on the birth certificate is not the father (with a paternity test).
Once you have the court order and have proved non-paternity, you can submit the correct fee and application to change the birth certificate.
In some states, this is called an affidavit to amend a record. You will also need the court order and a copy of the current birth certificate.
These processes can be confusing, so be sure to hire an attorney if you feel it is necessary to help you with the process.
Your local Department of Vital Records can also provide you with assistance here, along with your local court when needed.
No matter the process, there is a fee involved with changing or removing names from a birth certificate. This can vary from state to state, but be sure to find out the cost beforehand.
You will also need to pay any court fees and often for the paternity tests yourself. It’s best to speak to an attorney to find out more about these costs before you begin the process.
How Long Do I Have To Remove A Name From A Birth Certificate?
Again, this can vary from state to state. Some states, like Texas state that you must file a petition to remove the non-biological father’s name from the birth certificate within one year of finding out that they are not the father.
Other states do not state if there is a time frame for this, so be sure to check with your local Department of Vital Records.
Finding out that you might not be the father can be emotionally devastating, especially if you have been actively involved in the child’s life.
Changing the birth certificate in these instances can be the last thing on anyone’s mind, but you must do so within the correct time frame. For many, this can help to start the healing process.
It is worth noting here that biology only plays a small role in raising a child. There are also ways that a non-biological father can have legal rights to the child, especially if they have been actively involved in the raising of the child.
It is worth contacting an attorney to find out more about your rights and what you can do to continue to raise and support the child.
Removing a name from a birth certificate isn’t always an easy task.
Aside from different rules and procedures in each state, it can be a highly emotive situation that can be devastating for all parties involved.
Be sure to contact the Department of Vital Records in your state to find out how you can proceed and change or remove names on a birth certificate.
Remember that there are people you can reach out to for help and support if this is a difficult time for you. You do not need to suffer alone.
Be sure to also speak to an attorney for up-to-date and accurate information relating to the rules in your state.