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birth certificate

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M

M Van Cleve

Guest
State: Ohio

My divorce wasn't final when I had my son. As a result the hospital listed my "then" husband as the father. My current husband is the father. We had DNA tests. The results stated my current husband is included as the father (99.99%).

My question is how do we get the fathers name changed. Is this something we can do without involving an attorney. It has already cost us $500.00 for DNA tests.
 


R

roxie_me2000

Guest
Birth certificate

Try calling or writing the County where your child was born, where his birth record is, and ask them how to change it. If your ex is in agreement, you can probably do this without a lawyer.
 

JETX

Senior Member
In Ohio, the process of changing or correcting a birth certificate that has already been issued is handled by the Probate Court in your county.

The process is covered under Ohio Revised Statute 3705.15 which reads:
"Whoever claims to have been born in this state, and whose registration of birth is not recorded, or has been lost or destroyed, or has not been properly and accurately recorded, may file an
application for registration of birth or correction of the birth record in the probate court of the county of the person's birth or residence or the county in which the person's mother resided at the time of the person's birth. If the person is a minor the application shall be signed by either parent or the person's guardian.

(A) An application to correct a birth record shall set forth all of the available facts required on a birth record and the reasons for making the application, and shall be verified by the applicant. Upon the filing of the application the court may fix a date for a hearing , which shall not be less than seven days after the filing date. The court may require one publication of notice of the hearing in a newspaper of general circulation in the county at least seven days prior to the date of the hearing. The application shall be supported by the affidavit of the physician in attendance. If an affidavit is not available the application shall be supported by the affidavits of at least two persons having knowledge of the facts stated in the application, by documentary evidence, or by other evidence the court deems sufficient.

The probate judge, if satisfied that the facts are as stated, shall make an order correcting the birth record, except that in the case of an application to correct the date of birth, the judge shall make the order only if any date shown as the date the attending physician signed the birth record or the date the local registrar filed the record is consistent with the corrected date of birth. If supported by sufficient evidence, the judge may include in an order correcting the date of birth an order correcting the date the attending physician signed the birth record or the date the local registrar filed the record."
Source: http://onlinedocs.andersonpublishing.com/revisedcode/jumptext.cfm?jumppage=3705.15

You must also pay the allowed court costs for this filing. Contact your county probate court for costs and if you have any questions.

You might take a look at the Franklin County Probate site for some general information:
http://www.co.franklin.oh.us/probate/departments/Certification.htm#Birth correction
 
S

scumcoast

Guest
Better research the laws if you were still married when your child was born and in the divorce no one spoke up about this child, you may have a bigger problem than just a name change. Most states law is that a child born of a marriage is the child of the husband. I suggest you at least talk to an attorney in your area and look at the supreme court cases on just this type of thing. I know it could be a long battle. Good luck.
 

JETX

Senior Member
Your post regarding default assumption of spouse's child use to apply, but in the current 'generation', most states allow for exceptions based on DNA paternity tests.
 
S

sadeyes24

Guest
none bio father on birth cert.

ok my quesstion is , my ex isnt the bio father of my 7 yrold son we were ot married at the time of my sons birth but i did put my ex on the birth cert. and i file my divorce papers i have 2 weeks until a court date , but i did put tht my son is common to both of us only because i feel in some way he is but im wanting custody of my son if i was to tell the judge that my son isnt my exes and to prosue a dna test which would be uneccisery because we both know he isnt the bio father. would i have all rights to my son ? or would the judge just push it aside because of the last name being my exes ?
 
S

shellent

Guest
Birth certificate

My situation is simular I am in Ohio also. I was married in july 95' and dec 95 he left I did not see him the whole time he was gone In dec. 97' I had a baby and the hospital forced me to put his name on the certificate even though my fiance (the father) was right there the whole time . I Didnt have the money to hire a lawyer so on my own in 99 I filed my own divorce . He didnt show up so I was granted a divorce the divorce papers (that I read over and over again ) List My two children one from a previous marriage and the daughter born in 97" and the papers say no children of said marriage. But when I went to get her birth certificate changed they scoffed at me and One even said "I am so happy they have this law" they told me to go to the probate court . I did they told me I have to get a lawyer. I cannot afford a lawyer. I was told by someone who is not a lawyer that there is a way around it . Putting a sort of ad in the newspaper or something . Can anyone help me my daughter will start school next year and We are going to be getting married soon I want everything to be settled before these two things happen Please help me.. Thank you so Much for listening
 
T

tmontz26

Guest
Re: none bio father on birth cert.

sadeyes24 said:
ok my quesstion is , my ex isnt the bio father of my 7 yrold son we were ot married at the time of my sons birth but i did put my ex on the birth cert. and i file my divorce papers i have 2 weeks until a court date , but i did put tht my son is common to both of us only because i feel in some way he is but im wanting custody of my son if i was to tell the judge that my son isnt my exes and to prosue a dna test which would be uneccisery because we both know he isnt the bio father. would i have all rights to my son ? or would the judge just push it aside because of the last name being my exes ?
You need to post your question again. Don't reply to a post and ask your question. You also need to put what state you are in.
 
T

tmontz26

Guest
Re: Birth certificate

shellent said:
My situation is simular I am in Ohio also. I was married in july 95' and dec 95 he left I did not see him the whole time he was gone In dec. 97' I had a baby and the hospital forced me to put his name on the certificate even though my fiance (the father) was right there the whole time . I Didnt have the money to hire a lawyer so on my own in 99 I filed my own divorce . He didnt show up so I was granted a divorce the divorce papers (that I read over and over again ) List My two children one from a previous marriage and the daughter born in 97" and the papers say no children of said marriage. But when I went to get her birth certificate changed they scoffed at me and One even said "I am so happy they have this law" they told me to go to the probate court . I did they told me I have to get a lawyer. I cannot afford a lawyer. I was told by someone who is not a lawyer that there is a way around it . Putting a sort of ad in the newspaper or something . Can anyone help me my daughter will start school next year and We are going to be getting married soon I want everything to be settled before these two things happen Please help me.. Thank you so Much for listening
Same thing, ask your question again, just don't reply to someone else's question with your own.
 
T

tmontz26

Guest
M Van Cleve said:
State: Ohio

My divorce wasn't final when I had my son. As a result the hospital listed my "then" husband as the father. My current husband is the father. We had DNA tests. The results stated my current husband is included as the father (99.99%).

My question is how do we get the fathers name changed. Is this something we can do without involving an attorney. It has already cost us $500.00 for DNA tests.
Call the birth records dept. and ask them. If they are near where you live, drive over there WITH the dna results in your hand. Also bring your son's birth certificate and ask to speak to someone about it. Surely they should be able to change it with a simple fee being that you have the proof in your hand. Call ahead if you want and explain it to someone. That is the best way to find out what you will need to do.
Something else that other's may soon ask, what sort of custody and support issue is in your divorce agreement regarding the child.
This may have nothing to do with your situation but when I had my 2yr. old I was only divorced for less than a month. We were seperated for quite a while before and the child was not his. Being that the child was born within the number of allowed days after a divorce, my ex had to sign a paper regarding paternity. Basically saying that he was NOT the father and the bio dad had to sign one saying he was the father. I guess that doesn't apply when you are still married.
 

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