change fathers name on birth certificate

[cstreibeck]

What is the name of your state? washington I had anothers mans baby while I was married to my husband and I put my husband on the birth certificate. Now the biological father wants it changed. What could I do?

 

[seniorjudge]

What is the name of your state? washington I had anothers mans baby while I was married to my husband and I put my husband on the birth certificate. Now the biological father wants it changed. What could I do?

Divorce your husband. Your husband's parental rights need to be terminated. Then biological father can adopt child.

 

[Smarty Panties]

What??

The bio father needs to file in court to be recognized as the legal father and to have his name put on the BC. He needs a DNA test OR a signed paternity affidavit & the assumed fathers denial of paternity. He doesn't need to go thru an adoption process. Basically you need a court order to change a birth certificate. And you don't need to get divorced.

 

[LdiJ]

What is the name of your state? washington I had anothers mans baby while I was married to my husband and I put my husband on the birth certificate. Now the biological father wants it changed. What could I do?

What you COULD do, depends in part on what you want to do. However the ball is really in the bio-dad's court to petition to establish paternity.

 

[SMURFEELAW]

I think we have been here before and it is actually more than bio dad getting DNA done. Bio dad will have to prove that hubby is not the father (which requires specific steps and more than DNA) and the age of the child along with factors such as holding child out as the hubbys own play a role too I believe. I think it was BB that schooled me on this one once so hopefully BB will post.

 

[seniorjudge]

What is the name of your state? washington I had anothers mans baby while I was married to my husband and I put my husband on the birth certificate. Now the biological father wants it changed. What could I do?

cstreibeck, You're going to have to give us more facts.

As you can see by the responses, you are getting a scatter shot effect and no one has hit the target yet...(except me, of course).

 

[Smarty Panties]

I beg to differ. my info came straight from Washington's paternity law. If she followed your advice of the biological father having to adopt his own child then she would either have to marry him or give up her rights to allow him to adopt.

 

[seniorjudge]

I beg to differ. my info came straight from Washington's paternity law. If she followed your advice of the biological father having to adopt his own child then she would either have to marry him or give up her rights to allow him to adopt.

That's the most confusing statement I have heard today.

Anyway, how do you know what OP wants?

We are all making guesses.

 

[Smarty Panties]

I have no idea what the OP wants. I just went by what she said the bio father wanted.

And how did my statement confuse you?

 

[seniorjudge]

I have no idea what the OP wants. I just went by what she said the bio father wanted.

And how did my statement confuse you?

"...If she followed your advice of the biological father having to adopt his own child then she would either have to marry him or give up her rights to allow him to adopt...."

What in the world does this mean?

 

[seniorjudge]

In Washington state:
The father-child relationship is established between a child and a man by:

(a) An unrebutted presumption of the man's paternity of the child under RCW 26.26.116;

(b) The man's having signed an acknowledgment of paternity under RCW 26.26.300 through 26.26.375, unless the acknowledgment has been rescinded or successfully challenged;

(c) An adjudication of the man's paternity;

(d) Adoption of the child by the man;

...

http://search.leg.wa.gov/wslrcw/RCW 26 TITLE/RCW 26 . 26 CHAPTER/RCW 26 . 26 .101.htm

http://www.leg.wa.gov/RCW/index.cfm?section=26.26.116&fuseaction=section

Here, we have the unrebutted presumption (as set forth by the facts OP has given us). To get rid of that presumption, you must get rid of putative daddy by divorce since you cannot make a child of a marriage illegitimate. Then you must either have a lawsuit under c or and adoption under d to get the other guy to be the new daddy.

So, my advice should be amended to "...Divorce your husband. Your husband's parental rights need to be terminated. Then biological father can adopt child OR get biological father to file a paternity lawsuit...."

 

[Smarty Panties]

"...If she followed your advice of the biological father having to adopt his own child then she would either have to marry him or give up her rights to allow him to adopt...."

What in the world does this mean?

In order for the biological father to adopt this child as you suggested, she would have to divorce her current husband, marry the bio father and have him do a step parent adoption or, she would have to terminate her own rights, her current husbands rights and allow the bio father to adopt. She can't stay married to current husband, allow another man to adopt her child and retain her rights to the child. She can't divorce her husband, allow the bio dad to adopt the child and expect to retain her rights and custody. That would in essence be a partial adoption.

 

[noracharles1952]

Change Name on Birth Certificate

I live in the state of Indiana. I need to change the name on my child's birth certificate. At the time of his birth paternity papers were signed at the hospital, however, DNA has now determined that his paternity is different. How can I go about legally changing his name on his birth certificate?

 

[noracharles1952]

Change Name on Birth Certificate

I live in the state of Indiana. I need to change the name on my child's birth certificate. At the time of his birth paternity papers were signed at the hospital, however, DNA has now determined that his paternity is different. How can I go about legally changing his name on his birth certificate?

 

[Zephyr]

I live in the state of Indiana. I need to change the name on my child's birth certificate. At the time of his birth paternity papers were signed at the hospital, however, DNA has now determined that his paternity is different. How can I go about legally changing his name on his birth certificate?

start your own thread please