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 5 year old son, on his birth certificate is the name of my ex – (father of my oldest son) who is not his biological father. (Yes he is aware of this. Long story..) I got married today and have been with this man for 5 years my son was 2 weeks old when we met so to my son my now husband is his daddy and my husband has raised him as his son and loves him as his own. How do I take the person who is on the certificate off and put my husband on it? What are the steps?
Hi, Ada. Start with your state’s Department of Vital Records for direction.
I want to change my child father name to biological father in birth certificate, which form I need to fill in. How to do that
Hi, Whitney. Contact your state’s Department of Vital Records for how’tos.
Hi is this contact form working? Can I ask a few questions?
Hi, David. You are welcome to ask questions in this forum, yes. Keep in mind all questions and answers are public-facing.
Completed a home paternity test and my son (16) wants to change his last name due to the fact that my ex isn’t his biological father. We completed the test over 10 years ago but I procrastinated to make the change. Can I change his last name? My ex hasn’t been involved since the results due to my wishes.
Hi, Shan. You’ll need to contact your state’s Department of Vital Records to see what is required.
My 14 year old son was conceived via a rape during my last marriage. My ex husband and I were divorced 4 years ago and he decided to have a paternity test done because he knew the rape could have meant he wasn’t my son’s father. It proved correct, and he was able to sign away his rights to my son, all in the name of not wanting to pay child support. I could care less about the child support, but it was the cruelest thing ever to do to my son. I do not know who the father of my son is, as the person who assaulted me when I was out with my girlfriend (I was the designated driver) had put something in my drink. I have since remarried and the amazing man I am with loves my son and treats him as his own. He wants him to have his name and we are trying to jump through the hoops to get this handled. I have contacted an attorney to see what I need to do, but it should be fairly simple. My ex had the paternity test, he used that to sign away his rights to my son, which is noted in my divorce documents. I just want to have my new husband to be listed as my son’s father, and my ex husband to be removed from his birth certificate. I am not sure if this will be how things work out, but I’m praying. This has been the most horrific nightmare for my son, an innocent child to have to go through, knowing that he is the child who was conceived from a rape, and that the man who raised him decided that money was more important than him. He also has ADHD and Asperger’s Syndrome, so he has struggled with a lot besides these things. My heart breaks every day for him and I feel completely helpless.
Hi, Rose. It sounds as if you are not helpless at all: Instead, you are being proactive in contacting an attorney to get the birth certificate changed. All the best to you and your family.
My ex girlfriend was pregnant and came to the USA to give birth of our baby. She did not add me to the birth certificate ( not sure how that works since I do not live in the US). Now she is getting married to another man and wants to declare the baby with this man. The baby is 1.5 yo and I refuse to have them declare the baby with this mans name without my consent. Since I do not live in the US what can I do?? I have plans to move to the US, but don’t know how soon that could happen ……
Hi, YV. Your best recourse is to first speak with a family-law attorney in your country. good luck!
Hi my son is 15 and he wants his last name to be changed to mines his father has never been involved and is willing to sign the papers but doesn’t wanna go to court can I be able to change his name… when he was born my ex signed the birth certificate but after a year his biological dad took a DNA and was added to the birth certificate will I still be able to add his old last name if his biological father is willing to sign the papers
Hi, Hilda. That is a question best answered by your state’s department of vital records.
My daughter had a paternity test done years ago she assumed the father’s name would be wasn’t changed on the birth certificate it wasn’t. She can’t find the test results,how can she obtain them now ?
Hi, Laverne. I cannot speak for other labs, but for security reasons, DDC keeps at-home test reports for 1 year and legal tests for 5 years only.
I have been separated for over 3 years I just had a baby with my boyfriend i know that by law my husband will be considered the father but can I still give my child her real father’s last name
Hi, Tae. That is a question best answered by a family-law attorney.
Hi. I am trying to remove my ex’s name off my sons birth certificate so that his biological father can be added. All parties are for this decision. I just have no idea where to even begin. Any suggestions?
Hi, Natasha. Laws can vary by state. Start with your state’s Department of Vital Records; they’ll be able to provide direction for your situation.
My son’s girlfriend had a baby two months ago. He was there at the birth and signed the birth certificate. She told him the baby was his. He just found out that her ex boyfriend is the father of the baby, not him. ( the ex took a DNA test). How does he go about being removed from the birth certificate?
Hi, Mark. What a stressful situation; it’s too bad your family is going through such a heartbreak. This is why it’s so important for a possible father to do a DNA test before signing any legal papers, like a birth certificate. Your son should contact a family-attorney in his state to help determine what, if anything, can be done to rescind his legal-parent status.