How do I change the father on my child’s birth certificate? It’s a very important question a parent may ask if they discover the man they thought was the father of their child really isn’t or if a man not listed on the certificate wants to establish a legal relationship with a child. It’s also a step to consider for people who never knew the identity of their father until a DNA test confirmed a biological relationship. Changing the father on a child’s birth certificate involves jumping through some bureaucratic hoops and it definitely requires a time commitment.
So how do I change the father on my child’s birth certificate? Here’s what you need to know.
Presumption of Paternity
When a baby is born in the United States, a birth certificate is completed and issued shortly following the birth. If the mother is unmarried and isn’t sure who the father is, she can choose to leave the space on the certificate for the father’s name blank. A presumption of paternity is generally made if a couple is married. This means that the husband is legally presumed to be the biological parent of the child since he is married to the mother, his name is added to the birth certificate, and he assumes legal responsibility for the child. If the paternity of the child is contested in either of these scenarios, a paternity test can establish or disprove a father/child biological relationship.
Paternity Testing is Required
Paternity testing if the mother is single: The mother can request that a legal paternity test be taken by the alleged father(s). This does not involve going to court in most cases, but it’s important that the paternity test be a legal, witnessed test, so that results can be used for child support, custody, etc. later.
Paternity testing if the mother is married: The husband is required to take a legal paternity test (an at-home test is not appropriate here since court-admissible results are required), and the report can be presented as evidence in court, should it be needed.
In either case, the mother can also choose to take a non-invasive prenatal DNA paternity test so that this information is known before the child is born. (This type of prenatal paternity test can be performed as early as seven weeks.) If you prefer to wait till after the baby’s born, you don’t have to wait till the child is older—newborn babies are tested all the time.
Changing the Father on the Birth Certificate
Adjudicating Parentage
To change the father on a birth certificate, an individual must first be legally pronounced as the legal guardian of the child, which is called adjudicating parentage. The state has a form (VS21) for adjudicating parentage and amending a birth certificate that requests information such as:
- The name(s) of the child or children whose parentage you are trying to amend
- Whether the child(ren) currently has(have) a legally-acknowledged/presumed father
- Signature or proof of notice submitted to the new paternity registrant
- If a legal DNA paternity test has been taken prior to filing the suit
This part of the process can be sped up considerably by having the results of the legal paternity test in hand before starting the application for parental adjudication.
What Happens Next
If a judge deems you have a valid case, he/she issues an order to adjudicate parentage and outlines which changes should be made to the birth certificate. A certified copy of this order (with the original seal and court-clerk signature) needs to accompany the VS1 form, along with any other information the state requires.
In most states, this information is submitted to the state’s Department of Vital Records department for review. If it’s accepted, a new birth certificate is issued.
Something to Keep in Mind if You Fathered a Child Out of Wedlock
In most states, if there is contested paternity, an alleged father has two (2) years to make a paternity claim, so it’s important not to wait. If the mother is married and a paternity case is brought to court by an alleged father to whom she is not married, it is up to the discretion of the court whether or not they deem it in the best interest of the minor child to change the birth certificate—even if the alleged father produces legal results showing he’s the biological father. If the man on the birth certificate is already supporting the child and has accepted responsibility, the court can choose to deny the claim of the biological father.
Wrapping It Up
Changing the father on a child’s birth certificate can take approximately two (2) months to complete, from start to finish. Making sure the legal DNA paternity test report done ahead of time is definitely an advantage and can save a lot of time, headaches, and unnecessary expense.
IMPORTANT: This article gives general information about changing the father on a child’s birth certificate in the United States only. Keep in mind the specific process can vary state by state and we are not providing legal advice. If you have further questions, we strongly suggest you contact a family-law attorney or your state’s Department of Vital Records.
Call us at 800-929-0847: We’re here to help.
Do you have questions or comments about a legal paternity test? Share in the comments and we’ll answer.
Okay so i was sexually involved with someone about a month or so before my boyfriend and I started dating. And we had sex that same day we started dating (we already knew eachother for about 2 years before that). And i ended up pregnant. And he wants to know , now that the baby is 15 months old, if he is really the father. We are not married but his name is on our sons birth certificate. If the paternity test says that he is not the father, how do i go about taking his name off
Hi, Kathryn. Because how-to process varies from state to state, I suggest you contact your state’s Department of Vital Records for guidance on this.
Hi.So I took my ex wife too court once I heard I was not the father of her 13 year old twins for a DNA test and the Court ordered DNA test showed I was not the father of her twins and the judge ordered her to change the birth certificates within 90 days so I’m wondering once the birth certificates or changed will the children’s last name legally be changed as well since my name will no longer be on the Birth certificates?
Hello, David. That is a question best answered by your state’s Department of Vital Records.
Hi! I just made contact with my biological father for the first time. I’m 18 and he didn’t know I existed. We want to add him to my birth certificate, is there a possible way to do that?
Hi, Lydia. Please contact your state’s Department of Vital Records and they’ll be able to tell you what the requirements are.
Aloha. I am 49 years old. My mom was married to the man listed as my father on my birth certificate. Both my mom and my “presumed” father have died. However, Ive recently found my biological father and we’d like for him to be documented as such on my birth certificate. Is that enough or can I not change anything because both legal parents have passed away?
Aloha, Naupaka. I suggest you contact the Hawaii Department of Vital Records for direction on what can be done in your particular situation.
I was unwed when I had my son, the paternity left blank on the birth certificate because I was raped and did not know my attacker at all. I have been with my now husband for 8 years and was hoping we could just insert his name into the birth certificate so my son who is now 12 can have his name.
Hello, Amanda. I’m sorry you went through such a trauma…that’s tough. Adding the name of a father on a birth certificate is a legal action and so there are specific requirements for doing so. I suggest you start with your state’s Department of Vital Records for info on how it can be done where you live.
I have a 16 year old son that he, his mother and I want to change his last name to mine, the mothers ex husband is on the birth certificate but they weren’t married when he was born, they said they were so his insurance would pay and they got married several months later, they are now divorced and the named father is serving a very lengthy prison term, the mother and I are getting married now and wondering our rights as to the name change since it was actually an act of fraud to begin with, please instruct me on any actions I can take or any possibility that this can be obtained. Thanks in advance
Hello, Joshua. We cannot provide legal advice specific to your case. Please first contact your state’s Department of Vital Records; they will be able to direct you. Or you can enlist the assistance of a family-law attorney familiar with paternity law where you live.
For 14 years I thought that my real dad was on my birth certificate as did both of my parents. when I turned 15 and it was time to get my drivers license I had to have my legal birth certificate which apparently they never had. my mom was married to another man when I was born, but they had been separated for 3 years and weren’t able to get their divorce finalized until after my birth. so the state of Oklahoma put her ex husband on my birth certificate instead of my real dad because she was still married. there is no way he can be my father because he got into an accident 4 years before I was born that paralyzed him from his bellybutton on down. I am 23 years old now and I would really like my real dad to be on my birth certificate. what can I do? I cant spend a ton of money but I really do not want my older sisters dad on my birth certificate anymore. id really not want to have to have my dad adopt me, but im not sure of any other options.
Hi, Shelby. I suggest you contact your state’s Department of Vital Records to see what is required to change birth certificates where you live.