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Adult wants deceased biological father back on birth certificate

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Evega

New member
My husbands biological father was listed on his birth certificate at birth. After the father died the mom remarried allowing the new husband to adopt her children. They divorced two years later. Mother started using biological fathers name for herself and the children, but did not go through the process to change the information in vital records. Besides the 2 years of the marriage, his whole life he's gone by his biological father's name. Now at almost 40 we went to get a replacement birth certificate, and his name and father are still under the adoptive father he hasn't had a relationship with since he was 15. He wants his biological father to be the name on his birth certificate. I can find laws to back up the name change, but not the father listing on the birth certificate. Will this be a difficult, or impossible process?
 


Zigner

Senior Member, Non-Attorney
My husbands biological father was listed on his birth certificate at birth. After the father died the mom remarried allowing the new husband to adopt her children. They divorced two years later. Mother started using biological fathers name for herself and the children, but did not go through the process to change the information in vital records. Besides the 2 years of the marriage, his whole life he's gone by his biological father's name. Now at almost 40 we went to get a replacement birth certificate, and his name and father are still under the adoptive father he hasn't had a relationship with since he was 15. He wants his biological father to be the name on his birth certificate. I can find laws to back up the name change, but not the father listing on the birth certificate. Will this be a difficult, or impossible process?
What US state?
Your husband won't be able to get a retroactive adoption or be able to void the adoption.
 

FlyingRon

Senior Member
As pointed out, you just can't undo the adoption. How involved or not whoever was involved is immaterial.

It appears that not only is the adopted father's name on the birth certificate, that's his legal name as his mother or him never subsequently changed it. He can go to court and change his name officially to whatever he wants. In nearly all cases that won't change the birth certificate, but it will be his legal name. He will show the court order for the name change to show that the birth certificate is indeed his (not too unlike a married woman showing her marriage certificate to show she changed her name at marriage).
 

LdiJ

Senior Member
My husbands biological father was listed on his birth certificate at birth. After the father died the mom remarried allowing the new husband to adopt her children. They divorced two years later. Mother started using biological fathers name for herself and the children, but did not go through the process to change the information in vital records. Besides the 2 years of the marriage, his whole life he's gone by his biological father's name. Now at almost 40 we went to get a replacement birth certificate, and his name and father are still under the adoptive father he hasn't had a relationship with since he was 15. He wants his biological father to be the name on his birth certificate. I can find laws to back up the name change, but not the father listing on the birth certificate. Will this be a difficult, or impossible process?
The name change is relatively easy. Putting his biological father back on the birth certificate is impossible. He was legally adopted by his legal father and his legal father will remain his legal father forever, even though they have no relationship.
 

xylene

Senior Member
While a legal name change is important, it won't help the emotional crux of the matter.

You husband should seek therapy to help him unwind and reconcile his family trauma.

Because even if he could undo the adoption, it really wouldn't change anything.

"I'll show you!" Doesnt really work, and it doesnt work on dead people.

"I HATE YOU AND I WISH YOU WERE DEAD MOM .. oh right..."
 

Just Blue

Senior Member
Louisiana. He's pretty sick about finding out his real father isnt the one listed on his birth records.
He won't be able to "undo" his adoption...but perhaps he can contact his biological fathers family. Changing the name on his BC isn't really going to do much. Has he talked to his mother about why she withheld the truth from him all these years?
 

eerelations

Senior Member
I don't understand why this is so important to him. Most people/entities don't ask for birth certificates. When they do, they don't read them (mostly they think "oh right, he has a birth certificate, OK"). If they do happen to read the birth certificate, they almost never read the names of the birth parents.

Even if your husband is being asked to produce his birth certificate all the time (and why would that be? no one else is asked for this all the time), the odds that someone will notice his birth parents' names on said certificate are almost nil. So again, why does he care (if most people in the world don't)?
 

Evega

New member
He won't be able to "undo" his adoption...but perhaps he can contact his biological fathers family. Changing the name on his BC isn't really going to do much. Has he talked to his mother about why she withheld the truth from him all these years?
He has relationships with the biological family, it was never a secret who his real father was. I think his mother just maybe didnt know what to do about it once she divorced the stepfather. He wont be able to talk to his mom about it for some different reasons. Changing the fathers name on his BC is more about principal and respect for his real dad.
 

FlyingRon

Senior Member
Sorry, but the law doesn't provide for changing the birth certificate of adults for the principal [SIC] of it.

Again, whatever relationships there are or aren't are irrelevant. If he wants to change his name, he can petition the court to do so. It will not change his birth certificate (in most states, and you failed to indicate the state involved). Most only allow changes in the specific case of adoption or paternity action, or for errors noticed soon after birth. None of this will apply.
 

Evega

New member
I was only answering the questions you asked. I had said louisiana in my first response. I have the answers i need about changing his last name. I was just unable to find anything about putting the biological father back on the birth certificate. Thanks for your sharing yiur knowledge.
 

LdiJ

Senior Member
Louisiana. He's pretty sick about finding out his real father isnt the one listed on his birth records.
If he knew that he was adopted, he should have known that his birth certificate would reflect his adoptive/legal father...or at least it shouldn't have been a surprise.

Unfortunately that happens when parents are too eager/enthusiastic about having their new spouses adopt their children.
 

FlyingRon

Senior Member
There is no way in Louisiana to change the birth certificate in the way he is asking. PERIOD.
The reason you can't find any information on it, is that it isn't possible. Louisiana is not going to allow him to even change his last name, let alone the designation of his adoptive father on the birth certificate.
 

LdiJ

Senior Member
There is no way in Louisiana to change the birth certificate in the way he is asking. PERIOD.
The reason you can't find any information on it, is that it isn't possible. Louisiana is not going to allow him to even change his last name, let alone the designation of his adoptive father on the birth certificate.
You mean LA is not going to allow him to change his last name on the birth certificate right? You don't mean that he can't legally change his last name do you?
 

FlyingRon

Senior Member
I already said he could change his name via court order.
I was referring to the birth certificate. He can't change the father no matter WHAT he does. He can't even change his last name on the birth certificate at this point.
 

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