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.
I have a 6 yr old and her biological father pressured me into signing an affidavit to put him on the BC. He hasn’t seen her since she was 3 months old. Since then I got married and have other children. My husband has raised her and she calls him dad. She doesn’t know any different. The other guy does not pay child support. My daughter has my maiden name but wants to change it to my married name like my other children? I have nonidea where her biological donor is. He wants nothing to do with her as he stated when she was born and he said when affidavit was signed by my stupidity he won’t sign his rights away. Please what do I do?
Hi, Marla. What a tough situation! I suggest you contact a family-law attorney to see what your options are.
I am 56 yrs. old and have always known that the mans name on my Birth certificate is not and has never been a father to me. I found my biological father last year through ancestry.com. Is there any way to change my biological fathers name on my Birth Certificate?
Hi, Paula. The best place to start is with your state’s Department of Vital Records; they can direct you about the possibilities.
My son is 10 yrs old and his dad did a Dna test recently and it came back that he isn’t the father. He want to remove my his name of if the birth certificate and have my son last name change. He was in his life for all these years and I don’t want my son last name to be changed neither do the other family member. He’s getting a lawyer and Idk what to do. That’s the only family my son knows
You may want to get a lawyer as well, Cece.
My son is 4 years old, I left the father side completely blank. He was born in Florida. Me and his father got married June 5th 2020. How do we go about getting his father’s and now my last name on the birth certificate and changing my son’s last name to his last name. We have since had another baby who is 1 year old, the father was there to sign his birth certificate. We also live in Alabama, Tuscaloosa county now, please help! I don’t know the process of doing this. I want to change my sons last name before he gets old enough to realize his last name is different then his father and younger brother as well as mine.
Hi, Christina. Please contact Alabama’s Department of Vital Records for assistance.
My sister is 47 years old she just found out our dad is not her biological father. He knew from the start that it was a possibility but married the mother and took reponsibility , the other guy just shrugged it off. so now is the steps the same. My dad is so scared she might want to change the dad. He has been a good father to all of us but she is very angry at mostly her mom .
Hi, Connie. That is a legal question best answered by a family-law attorney or your sister’s state’s Department of Vital Records.
I am 34 years old and the man on my birth certificate is not my father. He continues to harass me and now wants visitation to my kids. Can I request a legal paternity test through the court to prove that we are not biologically related? Or can I do this with his father (who doesn’t talk to the man on my birth certificate). Would a paternity test with his father hold up in court. I want to remove him from my birth certificate and have the proof so he has no claim to me or my children.
Hi, Lw. Yes, you can do either option you mention. Just be sure you have a legal test done so that the results can be used in court.
My friend’s son fathered a child out of wedlock. He died before the child was born. The mother did not add the father to the birth certificate but gave the child the father’s last name.
She is refusing to let the parents of the father see the child.
This is in Alabama. What are my friend’s rights?
Hi, Barb. Your friend needs to contact the Department of Vital Records in Alabama or a local family-law attorney for legal guidance.
My son is about to turn 2 in 3 weeks and I already went through the process of changing his last name to mine but now I need to get the man that is listed as his father off his birth certificate. When he was 2 months old a paternity test was done and it proved that he was not the father and has not been in his life since then. His biological father is not involved in his life either by his own choice so I would just want the father spot empty not put the other guy on there. I don’t know the process of getting him removed from the birth certificate.
Hi, Rebecca. You can start by asking your state’s Department of Vital Records and then go from there.
When I was a teen I gave birth to my son thinking that my boyfriend at the time was the father. It turns out that he is not the father. My son is four and I was wondering what steps I need to take to get his birth certificate changed to father unknown.
Hi, Brittany. There are answers in this article, and you can also contact your state’s Department of Vital Records.
My boyfriend signed the birth certificate and the acknowledgment of paternity for my son. But now my ex wants to demand a paternity test. Is he allowed to do so even after the aop and certificate has been signed.?
Hi, Samantha. In most states, a possible father only has 2 years after the birth of a child to petition for paternity. If he requests one from you directly, you don’t need to agree to one. But if he goes through the court and they determine he has a valid claim, you should.