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How to remove non-biological father from birth certficate

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suey8266

Junior Member
What is the name of your state (only U.S. law)? Montana


My story: I was married and husband had fertility issues so we used a donor and did IVF. When I was pregnant, he left me and we got divorced and in the divorce agreement he signed off all parental rights (even though he wasn't bio dad). Two years later I became engaged and this man wanted to become my child's legal father so he was put on the birth certificate. We never got married and broke it off a few months later. It's now almost three years later after the end of that engagement and I, as well as my ex-fiancee, want his name off the birth certificate. Can I petition the court to have his name removed? Will there be any issues considering my child's "bio" dad was a sperm donor through an in vitro clinic and he can never legally be identified?
Thanks
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Montana


My story: I was married and husband had fertility issues so we used a donor and did IVF. When I was pregnant, he left me and we got divorced and in the divorce agreement he signed off all parental rights (even though he wasn't bio dad). Two years later I became engaged and this man wanted to become my child's legal father so he was put on the birth certificate. We never got married and broke it off a few months later. It's now almost three years later after the end of that engagement and I, as well as my ex-fiancee, want his name off the birth certificate. Can I petition the court to have his name removed? Will there be any issues considering my child's "bio" dad was a sperm donor through an in vitro clinic and he can never legally be identified?
Thanks
What sort of fraud did you commit in order to put the man's name on the birth certificate?
 

Proserpina

Senior Member
What is the name of your state (only U.S. law)? Montana


My story: I was married and husband had fertility issues so we used a donor and did IVF. When I was pregnant, he left me and we got divorced and in the divorce agreement he signed off all parental rights (even though he wasn't bio dad). Two years later I became engaged and this man wanted to become my child's legal father so he was put on the birth certificate. We never got married and broke it off a few months later. It's now almost three years later after the end of that engagement and I, as well as my ex-fiancee, want his name off the birth certificate. Can I petition the court to have his name removed? Will there be any issues considering my child's "bio" dad was a sperm donor through an in vitro clinic and he can never legally be identified?
Thanks
Suey, could you please tell us just how many fathers you intend this child to have?

Thanks.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? Montana


My story: I was married and husband had fertility issues so we used a donor and did IVF. When I was pregnant, he left me and we got divorced and in the divorce agreement he signed off all parental rights (even though he wasn't bio dad). Two years later I became engaged and this man wanted to become my child's legal father so he was put on the birth certificate. We never got married and broke it off a few months later. It's now almost three years later after the end of that engagement and I, as well as my ex-fiancee, want his name off the birth certificate. Can I petition the court to have his name removed? Will there be any issues considering my child's "bio" dad was a sperm donor through an in vitro clinic and he can never legally be identified?
Thanks
You seriously messed up and it may be something that you cannot undo. Please get a consult with a local attorney.
 
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