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.
The minor child has been living with the grandparents since childbirth. The biological father has never claimed the child so his name is not on the birth certificate but the child’s last name is of the father. During the birth of the minor child the hospital record doesn’t use the father’s last name. The biological mother wants to change the minor child’s last name to her maiden name. What needs to be done for the last name to be changed? Is there an affidavit that can be filled out by the biological mother to sign since she does not live with the minor child and doesn’t live in the same city? The sole custody and guardian are the grandparent of the minor child. Can you let me know concerning this matter! THX
Hi, Aida. The legal guardian of the child needs to contact the state’s Department of Vital Records to see what must be done.
My husband in his early teenage years was dating a girl who was pregnant by someone else, he still choose to be with her knowing the child wasn’t his. She had the baby & my husband gave the baby his last name. Till this day she still has his last name, can he be put on child support? We live in Illinois..
Hi, Yareli. Is he on the birth certificate? That could make a big difference. You need to double-check with an Illinois family-law attorney.
Hi, my ex and I were off and on, and while on he ended up cheating on me, and this set me into a spiral of anger. During our break I had a one night stand with a man who was a complete stranger to me.. (I was drunk at a bar) I truly don’t even remember his name, but I do know my child is his. Shes 8 months old. My ex came back in my life, even though I told him multiple times he wasnt the father, him and his mother pressured me into having him sign the birth certificate.. He did and now hes trying to get custody of my baby. Theres nothing he can do right since hes not biologically her father? Im in New York state.. Im a really good mother, and hes done nothinng for my daughter since she was born. Wed just need to do a paternity test?
Hi, Ally. You really need to consult with a family-law attorney if you haven’t already. Seeing as he’s on the birth certificate, he’s considered the legal father and so he has all the rights that go with that title, despite DNA.
My daughter was born in Florida, and her mother and I have gotten back together and have had two more children, and has moved to NC with me. We are wanting to get my name on her birth certificate and change her last name mine. Do we have to go the state she was born in to complete this? Also do I have to have a legal paternity test to get this completed? She is 5 and we know she is mine.
Hi, Justin. I suggest you contact the Department of Vital Records in NC to double-check what you need to do. If you need a legal paternity test, we can help you with that. Call one of our DNA specialists at 800-681-7162, M-F from 8 am to 8 pm Eastern.
I want to change the father’s name on MY OWN birth certificate. I am 40 yrs old. My mother lied on the birth certificate and put my older sister’s fathers name on the certificate, although he had been deceased for 10 years when I was born. My bio father is known to me, my mother would testify to his identity and he never contested his paternity. However he died almost 20 yrs ago. His obituary lists me as his daughter. Everyone knows he is my father and to honor his memory and to keep the record correct I want to make the correction!! But I am hitting brick walls… it seems like no one will even listen to me long enough to understand the situation. Any advice for me? Oh, to complicate, my bio family on my fathers side lives 1400 miles away from me.
Hi, Shay. Have you contacted your state’s Department of Vital Records? That would be the best place to start for getting answers.
Hi, my daughter its 9 years old. Im from PR and moved to IL where I raised her by myself with other 2 kids (1 is his) I was with my ex didn’t know I was pregnant and lost it, that week got rape by other man and my ex sheltered me. He signed her, I moved to IL and last year he received a letter for child support. He want me to take him out of birth certificate and child support because isn’t his. How I do that?
Hi, Leilani. Because he’s on the birth certificate, he took legal responsibility for the child at the time he signed and it’s possible the court won’t choose to change his status. Since this is a legal question, I suggest you contact a family-law attorney or social worker in your area.
Hi, I just recently had my son and his father is not around and has never met him. Out of stupidity I allow the guy I was dating when I gave birth to be out on the birth certificate even though he is not the father. I want to have my sons biological father DNA tested and add and the other man taken off. How can I go about this. What are the first steps?
Hi, Emily. Your first step should be to contact your state’s Department of Vital Records or a family-law attorney.
I live in Tennessee and I’m married to a female. I put her on my daughter birth certificate as her “father” but now I’m in a mentally abusive relationship and I want to take her off and I just want to know how to go about it.
Hi, Rayne. Please contact the Tennessee Department of Vital Records; they’re the best resource for you.
Hi i want to remove my daughter Father in her birth certificate i already change the last but in the birth certificate how can i removed the father hes never been with shes is 15 and didn’t know him
Hi, Nancy. There are answers to your question in this article. Also, you can contact your state’s Department of Vital Records or a family-law attorney for guidance.
I have three children all in elementary school all of their birth certificates other than my youngest son’s who is now six years old all have been signed by my ex which I’ve never been married to.. we have not seen him in very very many years we live in Virginia he lives in Tennessee. He has not even spoken of them or even thought about seeing them since they were two and three years old and are our youngest was less than a year old I am now married very happily and our children call him daddy rightfully so. My question is how hard would it be for me to have all three of their last names changed to match me and my husband’s (there Mommy and the person they call and consider their daddy and to be honest the only person they remember as such). Would I need the biological fathers approval? Even though he is not allowed to leave the state of Tennessee as he is about to be serving nine years in prison for manufacturing and distributing methamphetamines.. so needless to say and only has he been out of our lives not only do I plan for him to stay out of it but I can tell you he has no plan of being in their life either in any way . My children love their mommy and daddy but we want all of our last names to be the same that simple… So in this situation how hard of a time do you think I might have getting this worked out?
Hi, Pamela. I wish you all the best with a tough situation. The best thing to do would be to be advised by a family-law attorney.
I have a two month old son and the man that I thought was his father is on his birth certifiacte and I got a paternity test and as I come to find out, that the alleged father is indeed not the biological father of my son and I would like to get my sons name changed to the right name! So how would I go about doing this in new mexico?!
Hi, Hayley. We are not a legal service, but based on other cases we’ve seen, you may need to go through the courts on this one. Fortunately, you’re within the 2-year deadline most states set for contesting paternity. There are a lot of factors at play here. Does the legal father want to contest the possibility of losing the son he has taken responsibility for? Does the biological father want to be on the birth certificate and take on the responsibility instead? Is the biological father willing to contest paternity toward that end or does he not want to be involved? You cannot simply change the name on a certificate since all parties must agree to it. You might want to start with New Mexico’s Department of Vital Records. They can give you proper direction for what is required in your state.
Hey there! Did you happen to find out how to go about this? I have a similar situation but me and my sons bio father were never married . My son is almost 15 and I’ve been trying for years to change the father name and keep hitting dead ends! My son has my husband’s last name (I legally changed it when he was 4) . My husband has been his dad since he was 5 weeks old so he is all he knows (and I would like to keep it that way)
My current boyfriend has been fathering my son since he was 5 weeks old. My exhusband signed the birth certificate and we were married when I had my son, but divorced now. I have full custody and he has no relationship with my son. What do we need to do in order for my boyfriend to be on his birth certificate?
Hi, Brittany. Your first step is to contact your state’s Department of Vital Records and they can direct you as to what is needed.
Marie
The child was born in Oklahoma and still we live here. The child is almost 4 by boy friend of 10 years is on the birth cert. But a man now is wanting to do a dna test to now see if hes the father. Can this be done? Or is it too late for him to try and pursue this action. My boy friend of 10 years and i did not for one min think he was not both of ours.
Hi, Marie. I cannot give you a clear yes or no answer, since all states have different paternity laws; a family-law attorney can give you a clearer picture. I can tell you that in most states, a man has two years from the time the child’s born to contest paternity. However, it’s entirely up to the courts whether or not they believe the other man now has a valid claim.
And yes the real father paid a lawyer to have the papers fixed so we all signed them and then my father got killed in 2013 so can I put my father’s name on my children’s birth certificate???
Hi, Tiffany. That’s a question best answered by a family-law attorney.
Q.Alleged father John Doe cannot be excluded as biological father of the child.
A. He is the Father of my child
I am a single mom from Indiana with 2 children. I have no idea who either of their father’s are as I was raped and dumped somewhere and I wasn’t in the best condition to remember anyone I was sleeping with when I had my 2nd. Now that I have turned my life around, I am going to be getting married in August 2021 and wanted to know how my fiance could adopt my children. There is not a father listed on either of their birth certificates. Can I just put his name on the birth certificate and change their last names or is there a legal process?
Hi, Kenzie. Congratulations on your upcoming wedding! I suggest you contact the Indiana Department of Vital Records to get answers about requirements for making the changes. All the best to you.
I gave birth and the father was not present at the time of the birth so the hospital would not let me add the father on birth certificate. They told me I had to leave it blank.
He has no issue with being on birth certificate he just could not make it to the birth… so now my daughter has “unknown” as a father on birth certificate and now I must get a DNA test in order to fill in the blank?
So now that he is not on it he feels like he got away with murder and refuses to give me any info on him so I can add him. He packed up and moved away.
FML
Thanks for the baby, you deadbeat.
I did not know it. Good to know
I live in california, my son is almost 4 years old and has been raised by myself, my current boyfriend who signed the birth certificate at the hospital, and my ex boyfriend whom I remained very close with after the breakup and allowed him to be a part of my childs life as we didnt think hed ever have children of his own. It turns out my ex is actually my sons biological father and is now taking me to court requesting full custody. Any comments on this?
Hi, Crystal. The fact that your ex has been confirmed as the biological father may not make a difference to the court. Regardless of DNA, if the court thinks the status quo is in the best interest of the child, it may deem it best to leave things as they are. It would be wise to retain an attorney to look out for your interests.
What if there is no father on my birth certificate but my father recently passed away and i need to have him added on in order to be next in kin for his funeral arrangements?
Hello, Eli. The first thing you need to do is to contact a family-law attorney specializing in inheritance rights. If they suggest DNA testing, you’re welcome to contact one of our DNA experts for guidance: 800-929-0847(M-F, 8 AM to 8 PM Eastern).
What if the biological father was not able to get off work at the time and mother and father are together and gotten married. And want daddys last name before he goes to school.
Hi, Tina. Start with your state’s Department of Vital Records; they’ll be able to provide direction for your situation.
My child is 3 my ex who is in jail signed the birth certificate but there was a possibility that he wasn’t the father the other guy who also could of been the father volunteered to do a stay at home dna test and he is the father and I now want to do what’s right and put his name on the birth certificate how do I go about doing this ? The guy that is on the birth certificate is back in jail and I did tell him what was going on I’m not sure what to do in this situation
Hi, Erica. You may need to contact an attorney on this one, but you can start gathering information by first talking with your state’s Department of Vital Records. They always have good information about changing names on birth certificates.
When my daughter was born my ex signed the birth certificate. Now that she’s older he wants to be removed and her biological dad is in the picture, what do I need to do to change the father and her last name?
Hi, Lupita. You can start by contacting your state’s Department of Vital Records to see what the exact requirements are for where you live.
Hey, I’m a single mother to my son who is 4. Me and dad were never married and he didn’t sign the birth certificate b/c he was in jail at the birth but I gave my son his last name thinking he would sign the paper when he come home. He didn’t and we had DV issues and separated. So basically will I be able to change my sons last name to mines.
Hi, Lola. Your state’s Department of Vital Records can best answer that question for you.
You can go down to the courthouse and file a name change. I did it for my son. Since no one is listed as the father, I think it should be much easier for you to complete it by yourself.
Hello, what if biological father left the child at the age of a year and got married to another woman then after seven years the child’s mother gets married to another man who is taking care of the child as his son.
Is it possible to replace father’s name?
Hi, Jenipher. That is a question best answered by your state’s Department of Vital Records or by a family-law attorney or social worker.
can a mother after almost 11 years ask for a dna test for her child even though her child already has someone sign as her father on her birth certificate.
Hi, Yessy. The legal father of the child is under no obligation to agree to a DNA test unless it’s ordered by the court. If the mother wants to petition the court for a paternity test, they may or may not approve that petition.
I am 63 yo. In June 2020 (5 most. Ago) Through DNA match it was discovered My Birth father is different than what’s on my certificate. I was fortunate to meet him…as well as a wonderful Stepmother 5 brothers and 1 sister!! There was no disputing…it has been a Joyus revelation. facts were revealed and and I confirmed with my Mother shortly before she passed in August. Sadly, very unexpectedly my Father passed the end of September.
I want to make the changes on my certificate to reflect the truth. How do I make those changes?
Thank you
Hi, Kathleen. I suggest you contact your state’s Department of Vital Records to see what is required where you live.
Thank you
Even though child has father last name. Would you still need dna test to add him to the birth certificate
Hi, D. Paternity law can vary state by state, so that is a question best answered by the Department of Vital Records in your state.
Hi The biological father left during my pregnancy. I am married I put my husband on the birth certificate however the biological father is coming in and out giving my son gifts and visiting without taking real responsibility. Can I after 3 years put the biological father on the birth certificate? My husband is undocumented and I am questioning the the well being of my son.
Hi, Cindy. That is a legal question best answered by a family-law attorney where you live. Good luck!
How can you remove the father’s name off a birth certificate the child is now 21 years old and just found out that he is not the father
Hi, Tanya. The best person to answer that for you is your state’s Department of Vital Records.
(i live in Cali) Can a father who didn’t want to sign the birth certificate have rights and see my son? How long does he have to try to get on the birth certificate and gain some custody before all the rights are taken away? i swear i read something saying he has 2 years to be put on the birth certificate and then to gain custody…
Hi, Savannah. Yes, a possible father has two (2) years to make a formal claim of paternity in most states.
I just found out that i’m the father of a 14 yr old daughter, the mother passed away 10 yrs ago and I found my daughter. I took a home DNA test and discovered that i’m the actual father. The other guy she was dating during and after the birth is listed on the birth certificate. How do i get my name on the birth certificate and change her last name? I’m going to have her live with me and she is currently living with her sister. I have any idea where is the guy that is listed on her birth certificate. What is my next steps to get my name added and his taken off?
Hi, Billy. Any action you take is going to require agreement from the child’s legal guardian and the court may need to be involved too, depending on where you live. A court will not accept home-DNA results…only a report for a legal test with supervised DNA collection and chain of custody. You should start with your state’s Department of Vital Records for guidance; they may direct you to seek out a family-law attorney.
My friend found out the kid he’s been raising for the past 6 years is not his and has custody of them while the mother only gets visitation every other weekend. And now he Doesn’t want to take care of the kid anymore since he found out she wasn’t his and also wants to take his name off their birth certificate. Does he still have to be responsible for a child that is not his? What are his rights?
Hi, Amanda. Paternity law can vary from state to state and so he needs to contact a family-law attorney immediately to see what options are where he lives.
Hi! I recently did a DNA at home test of my 5 year old daughter and who i thought at the time was her father. His came back negative and my husbands dna (he was always a potential but the dates did not) came back as the father. Im a low income household. How would i proceed with this? The man on her birth certificate is willing to have his name removed. Could my husband sign a AOP vs payimg for another paternity test?? From indiana!
Hi, Nicole. A good place to start is to contact the Indiana Department of Vital Records; they’ll be able to tell you what the requirements are in your state.
My grandson was given to a couple in LA and the mother put the estranged man on the birth certificate. How do we file for paternity?
Hi, Linda. That is a question best answered by a family-law attorney or social worker where you live.
I’m 19, a Florida resident, and want to change the father on my birth certificate to someone Ive known and has supported me my whole life and I know to be my bio father. He is not married to my mother, but the man on my birth certificate (i have no relationship with him) is. They have been legally separated for several years now. Is it possible for me to do this as the child?
Hi, Tai. That is a question best answered by the Florida Department of Vital Records.