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.
My ex’s friend rudely told me my two year old daughter is not biologically mine. My ex will not confirm. Now they say their taking me off bc. . What do I do.
Hi, Mark. You should contact a social caseworker or family-law attorney.
My son is 10, and his bio dad owes thousands in arrears and makes no effort to see my son. Can I have my father replace him on the birth certificate if he’s willing to sign away his rights?
Hi, Alexis. That is a question best answered by your state’s Department of Vital Records or a family-law attorney.
I am 31 years old and the man that is on my birth certificate was married to my mom but isnt my real dad. How do I go about getting my birth certificate changed along with my mom and how do I get a DNA to prove that is not my dad?
Hi, Amanda. Is he willing to do a paternity test with you to confirm a biological relationship? If so, we can arrange for a legal paternity test so that results can be used to change the birth certificate if it is possible to do so. Just call 800-929-0847. Seeing as your parents were married at the time of your birth, the man is considered your legal father. You may want to first consult with a family-law attorney in your area to see what your best options are.
Will removing my childs father from the birth certificate prevent them from filing for child custody.
Family law varies depending on location, so that is a question best answered by an attorney in your area.
alrighty, so I’m 20 years old and wanted to know if I am able to change the father on my birth certificate because my uncle signed it instead of my dad. Should i fill out the paternity papers or now?
Hi, Jeevan. Because rules can vary depending on where you live, it’s best to either check requirements with your state’s Department of Vital Records or with a family-law attorney in your area before taking any steps.
Ok, so I have a 6 year old son the man on the birth certificate is not his biological father. His biological father has done a dna test to prove he is the father . He wants the other guy off our sons birth certificate and his on there. Our sons last name does not have to be changed. He already has his sons last name. We live in Mississippi. How hard would this be? By the way the guy on his birth certificate has been away since he was 6 months old . But we are married still I’m working on filing for a divorce also. Help I know it sounds crazy!
Hi, Crystal. This is a question best answered by a family-law attorney in Mississippi.
My daughter’s biological father was not around when she was born and wasn’t in her life. I had let my new husband later on down the road sign a voluntary acknowledgement of paternity for her. But I want to get him taken off of her birth certificate. How do I go about this?
Hi, Audrey. You’ll first need to contact your state’s Department of Vital Records to see what is required where you live.
I have a question how can they change a father and request a paternity test from this alleged father when myself and my ex-husband sign the birth certificate doesn’t one of us have to sign for them to do that
Hi, Catherine. Who is the “they” you refer to in your question?
I have twins and now I think that perhaps put the fertilized egg of another woman inside of me. I had no idea or knowledge. My children are now 31 years old, my husband left me and they both completely abandoned me. They will not do a voluntary maternity test. Am I able to legally ask my children to do a MATERNITY test?
Hi, Maria. That is a question best answered by a family-law attorney in your area.
Hi my name is Freddy and I live in Florida. About 22 years ago I met a girl who cheated on her boyfriend with me. I got her pregnant. The doctor did account back of conception and it was about the time she was with me. She claims she took a DNA test and the guy she was seeing was not the father. But to safe face with her family and friends she told everybody the baby was the other guys. He was there at the hospital and the child has his last name. Shortly after the baby was born they broke up. I moved away and now have returned after 20 years. We are dating again and the child who is now 22 knows that I am his father. Is it possible to change his last name on the birth certificate and add me as the father? If it’s not possible to add me on the birth certificate can we at least change his last name to mine after taking a DNA test to prove that he is my child?
Hi, Freddy. That is a question best answered by Florida’s Department of Vital Records.
Since we live in a different state than the child was born, what state should i file to get the fathers name removed? Also can it be replaced to unknown?
Hi, Ren. To get your answer, I would start with your state’s Department of Vital Records and they can best direct you. They may send you to the child’s state of origin to file.