Paternity Testing

[steelers10]

What is the name of your state (only U.S. law)? Pennsylvania, specifically Philadelphia county if it helps.


Hi guys,

Quick question, When trying to change the name of a father on a birth certificate, do the courts need DNA tests from both the father as reflected on the birth certificate and the father petitioning to have the birth certificate corrected? Or do the courts only need positive DNA results from the petitioning father? I am the father petitioning for the change. The father on the birth certificate has no interest in the child and is fully supporting the change. There is no question nor dispute amongst all the parties involved that I am the father.

Some back story: My fiance and I are trying to get my son's birth certificate corrected to reflect me being his father. At the time of our sons conception she was married and getting a divorce from another man that was dragged out until after his birth. Her now ex-husband was in another country the entire time we dated leading up to and after our son was conceived and born. Unfortunately because she could not get the divorce finalized until after our son was born, her ex-husband had to be named as father.

I then believe I can seek a court order with one or both DNA tests which would order the correction to the birth certificate. I then must present this order to the proper department to have the new birth certificate issued. So I've been told.

We simply hope to save a couple hundred bucks by only having to pay for the one DNA test if its possible.

Thank you for any assistance you can provide!

 

[Isis1]

honestly, the husband could have disestablished himself as the father of the child at the time of the divorce hearing. you could have filed a motion during that proceeding to establish yourself as the true father.

so my question is, how long ago was the divorce finalized?

 

[steelers10]

The divorce was finalized in November 2009.

 

[Isis1]

The divorce was finalized in November 2009.

okay still recent, you may still be able to do something about it.

wait for OG, our resident attorney, this part of paternity, i'm still trying to figure out since there is a SOL on getting a father renamed. check back a little later.

 

[steelers10]

Thank you. Also our son is now 15 months old. It took a long while for the divorce to finalize. I don't know if that matters at all, but I should have mentioned it above. Thanks again, I'll check back a bit later

 

[ecmst12]

If one dna test will show you are the father, I don't see why another would be needed.

 

[steelers10]

ecmst12, I was concerned that I would not only have to prove I am the father via DNA, but also show DNA proof that he is not the father. But what you are saying is that I only need to show DNA saying I am the father... this would be much easier if it is the case

 

[Proserpina]

ecmst12, I was concerned that I would not only have to prove I am the father via DNA, but also show DNA proof that he is not the father. But what you are saying is that I only need to show DNA saying I am the father... this would be much easier if it is the case

The first is considered absolute proof of the second.

Given that paternity wasn't disestablished as part of the divorce proceeding, I'd advise you to seek an attorney on this one.