Child's birth certificate, please help

Diane - posted on 10/16/2010

You can have her last name legally changed at the social security office but it will not change what it says on her birth certificate.

Cassie - posted on 10/16/2010

even though you never filed for the birth cert. the hospital should have sent it in. Did you get a social security card for your daughter? With the info that you have written in your post I would say, you can''t just change the birth cert. but you can go to the social security office & get a the form for a new card or name change it's a simple 2 min. app. & get her last name changed. And because he's currently incarserated & hasn't had been in the childs life nor were you married that means that you have equal rights to the child. Or you could always file a paper with the court for abandonment, because if he doesn't have any contact with the child for 2 years thats considered abandonment. but it sounds to me like you just want the father to not have any rights, but he signed the birth cert. so you legally have to have him sign his rights over. do you live in a different state as the father, cause you could file with the state & have it posted in the local paper that you are looking for him, for request of name change & if he don't respond w/ in 30 days then you have legal right to prove it's uncontested then file for name change that way then it would be changed on birth cert.If you get any kind of assistant from welfare they would be who you will have to worry about, cause they will go after him for child support & since he took responsability by signing the birth cert, then he by law doesn't even have to be the real father for the child support board to go after him & when they do they will give him the info on you address & such. I hope this info helped.

Tracy - posted on 10/16/2010

If you received state aid Medicaid or FIP the state is supposed to go after the father for Child Support so they can get their money back. Your best bet will be to go after child support and wait and see if he complains and if he does then ask if he will terminate his rights. Child Support Recovery sercvices will only let a parent's rights be terminated if it is detrimental to the child to have them intact or if the child is to be adopted because they want their money back. If he refuses you need to just forget it because chances of you fighting to get them termed will be slim to none. You also might as well plan on your fiance adopting her because it would make no sense to go through this to have your last name when yours is going to be changing anyway so she will once again be confused by it. Just get a lawyer and get a consultation and go from there.

Kelina - posted on 10/16/2010

Talk to a lawyer. i haven't read all the posts so you may have already gotten this advice but if he hasn't had anything to do with her since she was born you may be able to see about termintating his rights and having your fiance adopt her. But a lawyer would also be able to tell you how to do that, or just change her name. My sister is looking into the same thing right now cause her sons daddy hasn't seen him in four years and never pays the child support!

Alisha - posted on 10/16/2010

Look at the wedsite forbirthcertif inyour area get a number and call them direct. That wayyou dnt get the run around good luck

Angela - posted on 10/15/2010

whatever she was registered as is what her name is unless you file for a name change.

Karla - posted on 10/15/2010

It would be best to seek an attorney's advice...you can get low-cost or free advice in many areas...but I was told at the hospital that I could put any last name I wanted on my child's birth certificate...mine, my husband's, or any family or even a non-family name. The father's information doesn't even have to be filled in, it's not on my birth certificate, father's information is just blank...and that was 47 years ago. My mother knew who my father was, but he had substance abuse problems and she didn't want to be in a custody battle if he ever sobered up. So it's not as complicated as you might think!

Virginia - posted on 10/15/2010

I have a question about this topice My son and a woman had a baby she left him before the baby was born, then told his friends that the baby was not his, later she calls him and said do you want to see your little girl, well he went with open arms they got back to gether, then she left again this time he was fighting for her and all the time when he would want to see her she would say you have no say your name isnt even on the birth certificate she told even the hospital she didnt no who the father was when she new so he went for a DNA well after him getting a DNA and yes she is his with the fighting to see her and all, she would never let him with the law fighting to get her to set up times, see she stayed in VT then it made it hard to get a hold of her, well with all this going on she started dateing some guy who ended up taken my granddaughters life, when we got the death cert. it put my son first she was mad and made a big deal of this, so on the stone he let her put her name first what were we to do about this would anyone know what could of been done, I know it is to late but it is something that gets to me if she would of let him see her this mit of been stoped we would of none more of what was going on please help a grandmother in need of answers

Salena - posted on 10/15/2010

I would suggest that you write down all your concerns and questions and different synarios before you make a call to any government or legal agency. Ask them honestly and truthfully and see what options they provide. I can understand your concern for your daughter and your dreams for her in your current situation. I have a similar situation with my ex-boyfriend and we have 3 kids together. He also was in and out of rehabs and prison. I hope you find your answers and your situation works out for what is best for your daughter. My 3 kids are now adults and they, on their own have finally understood what happened with their father and they now choose to have a relationship with him although I am the one who raised them and they haven't really spoken to him throughout their life. My current husband thought it was important that they know their biological father and therefore we decided after much thought for him not to adopt them. Good luck in your search for answers. =o)

Jenn - posted on 10/15/2010

Well, I'm one of those with 2 year olds who have no birth certificate - but I'm in Canada not the USA. When a baby is born here you file the birth registration when the baby is born, but that's not the birth certificate - that's a separate document that you cannot obtain until you have received the registration paper back. I have had no need for the certificate yet so no need to spend the $25 each (I have twins), but I will be getting them soon just to have them. We don't need it for medical insurance as we are covered under OHIP and they are covered for that the minute they're born, and daycare doesn't require it either - plus I don't work anyway so they don't go to daycare. It is required for school, but that's 2 years away - but like I said I'll be getting them soon anyway.

Salena - posted on 10/15/2010

I'm in Hawaii and it is automatically filed before baby is discharged from the hospital. It is shocking to me to find out there are states out there that give you 3 months to submit your forms and that there are babies out there who are 2 yrs old and have no birth certificate? Birth certificates and social security cards are needed for medical insurance for day care, school, other benefits. Important documents are that exactly "IMPORTANT". It's hard for me to understand how anyone could put off such important things to identify your child.

Sharon - posted on 10/15/2010

If the child has a social security card - the birth cert with the childs' legal name is in existence. that is a fact and nothing but legal proceedings will change that.

The father is established and on the certificate. EVEN if you could forge a document and remove the name of the father - in order for the judge to grant an adoption, an attempt at finding and notifying the purported father has to be made.

HOWEVER - since he has not seen her, not contacted her, not supported her, you can file for abandonment - dig in your records and find your last bit of proof of when he saw her/supported her - it'll be up to him to prove he has made an effort to see and support his child. Kind of hard to do from rehab and that will be another negative for the judge. Do not encourage contact or support.

Keep in mind that someday your daughter will want to know about her bio dad and you'll need something for her.

A simple name change will not change the fact that he is the acknoweldged father in the eyes of the law.

Alicia - posted on 10/15/2010

You shouldn't have to apply for the birth cert, because when you are in the hospital you fill out all the paper work even for an ss card. As far as the last name being that you were not married the child automaicly get your last name unless you say other wise.

Crystal - posted on 10/15/2010

I've been through this process in the state of WV. I can tell you that it definetly DOES vary from state to state. You need to either consult an attorney or (if you are poor like me!) contact your local vital statistics office. This is usually the place that you go to and get your child's birth certificate. They can direct you on how to go about a name change. In my case, the bio father HAD to consent to the name change. Just notifying him and waiting for a response would not work and in his case, he'd had NOTHING to do with the child in 3 years since her birth.

Carly - posted on 10/15/2010

In New Zealand you must fill in the paper work within I think 3 months and then they send it out to you. But your daughter will have what ever last name you decide for her regardless of the father I would think.........

Kate - posted on 10/15/2010

The birth certificate was filed by the hospital so it is already on record. When you filled out the birth certificate forms in the hospital did you list his name as the last name for you daughter? My understanding is that the parents decide which last name to use and it is not automatically the same as the father. That's the way it seemed to work with my kids. I am married to my children's father. I don't use his last but our children do. However, I remember that we could have chosen to use either last name or hyphenated at the time we filled out the birth certificate forms. If you don't remember what you did at the time. Go to vital records and find out - maybe your name is already listed as her last name. If you know that you put his name or find out that you did, you will probably have to go through whatever name change procedure is required by your state.

Christina - posted on 10/15/2010

I am from CA too, and they auto filed for me.

Linda - posted on 10/15/2010

Your best bet is to contact the Bureau of Vital Statistics. Explain the situation to them and they will give you to correct and legal way to solve your problem.

Jenn - posted on 10/15/2010

Yes you can change a name on a birth certificate - if you change the name legally then that is your new name and a new birth certificate can be issued - just like when someone is adopted, they can get a new birth certificate with their adopted name.

Amy - posted on 10/15/2010

If I wasn't married and had a baby, the baby would have my last name. End of story for me. I would not want to go through life with people wondering if I was my baby's biological mother. And if the father isn't involved, then he obviously doesn't deserve for his name to be attached to your baby. I am married & my name is hyphenated. All of our kid's names are hyphenated as well so they have both of our names. To each his own though. I think that Shelly is right. I don't think that you can change the birth certificate. But you can change it at the Social Security office. I don't think that a hearing is needed for a child though (especially in a case like yours).I think that you just need to make a public announcement in the newspaper with your intentions and if anyone reads it and objects, then you'd have to have a hearing. I know someone that did this and the newspaper announcement was enough. I think that the person had to bring the newspaper announcement with them to the Social Security office along with whatever form(s) needed to be filled out. Good Luck!

Terri - posted on 10/15/2010

Since the rules seem to vary from state to state, the first place I would seek answers from would be the attorney general's office. I'm in Texas, and when my youngest daughter had her first baby, the father was in prison and I talked her into not putting him on the certificate. When he got out, they got back together and ended up getting married. They just went to the city office and added him on and changed her last name--for a fee. The ag should be able to tell you what it takes to terminate his rights. Good luck!

Mandy - posted on 10/15/2010

sorry i have no answers for you, i suppose i cant see why you cant change the surname and file it. My situation is slightly differant, my daughter has just turned 3, her father refused to sign her birth certificate, so i sent it in anyway with his details, he has no contact and no interest in contact, i dont claim child support. A stat dec was sent back to me, stating that i didnt know who the father was. As a stat dec is a legal contract i refused to sign it, which means now she dosnt have a birth certificate. Any advise on this would be greatly appreciated!!!

Angie - posted on 10/14/2010

Since you signed papers at the hospital, the birth ceritificate has been filed. You can get a copy of it by requesting it from the state. For an adoption to occur, your daughter's father must give up his rights. I'm guessing that your daughter has your last name so I don't see any reason to change her name. I'd leave his name on the birth certificate; he is her father and she shouldn't be denied knowing that.

Terri - posted on 10/14/2010

Call an attorney or paralegal in your state.

Stephanie - posted on 10/14/2010

my partner and his ex have a baby together and his name is on the birth certificate but the baby has her last name so it can be done and as far as child support goes you can examptions from collecting it and it sounds like you'd qualify

Ashlynn - posted on 10/14/2010

If he signed a thing at the hospital, her birth certificate has already been made, you just have to go down to the vital statistics place and pick it up. If he's the father, his last name goes on it. unless you said otherwise on the sheet. and why have you waited 2 years to get a birth certificate? those are important papers...and it probably will cost you money to change the last name to yours, but not alot.

Jessica - posted on 10/13/2010

i am not telling her to do anything illegal. While i agree that it is morally wrong. in most states EVEN if you know where the person is. You can still simply put an ad in the paper. sadly that is considered doing enough to let him know. Again i don't necessarily agree with the laws as a matter of fact i think some of them are very underhanded but in this case if she really doesn't want to contact him this is a possible solution. I never said it was the right thing to do just something that can be done. I just didn't appreciate it being lumped in like i was telling her to do something illegal. I would really appreciate it if in the future when stating your opinion maybe you shouldn't specifically name names because it makes people feel like they are being attacked for also just giving advice. I'm honestly not on here to start any trouble i'm just letting her know she does have options. EVEN if we don't agree with it, it is legal.

Sherri - posted on 10/13/2010

Jessica I didn't personally attack you just explaining the situation. I NEVER put you down. However, if you are on this board to start trouble or be cruel I would strongly advise against it. I can disagree with your advice and explain my reasoning behind it. I never claimed I knew everything I simply stated it wouldn't be right to do. Which morally and legally it isn't. Hope you have a better day.

Sherri - posted on 10/13/2010

That technically isn't being helpful because if it was found out she knew where he was located and did not contact him she could be brought up on perjury charges. I think she wanted help but possibly legally might be a better avenue.

Jessica - posted on 10/13/2010

You know we post on here to help her. not be criticized or put down. It is obvious she wants to do this and doesn't want him to be able to object whether or not i agree with this or not it is what she wanted and i gave her an answer she would find helpful. I do not appreciate being called out on trying to help when there are people on here who are telling her to just lie and refill out the form without him on it. Mind your own business and stop thinking you know everything.

Sherri - posted on 10/13/2010

However, if you ACTUALLY know where the dad is then that wouldn't be right Jessica. Especially since she wrote it on this board that she does know where he is.

Jessica - posted on 10/12/2010

I don't know much about the laws in different states but i do know that when they say you have to attempt to notify him before a name change in most situations you can simply put an add in the newspaper in the area he is in and then he has a certain amount of time to object. This happened to a friend of mine and unfortunately he saw it and objected but if your child's father is in rehab he may not see the paper.

Erica - posted on 10/12/2010

ok someone might have already said this becuase i didnt read everything but if his name is on it... you have to go to court to have her name changed legally. I believe you should be able to send him papers asking him to sign rights over and then you fiance should be able to adopt.

Jenn - posted on 10/12/2010

I haven't got my girls birth certificates yet either and they're almost 2. I know here to change a name is a separate process that requires the permission of both parents listed on the birth registration. But I'm not sure about if he's in rehab and has nothing to do with her, like someone else said. he probably has a chance to dispute it if he wants to, but if he doesn't reply it should go through. I think some of you are confusing the birth registration with the birth certificate - 2 separate things. There is no fine for applying for a birth certificate at any time - but there is a fee to obtain it. The only time you get a "fine" is when you file the registration late.

Stifler's - posted on 10/12/2010

Yeah I thought you got fined if you didn't do it within 3 months. Just get a new form and don't put him on there or mention him on it.

Samantha - posted on 10/12/2010

u can have just ur name on there, get a new form and complete it and hand in i dont know were u live but here if u dont hand birth certificate in within 60 days from dob theres fines... ring uo birth deaths and marriages and find the simplests ways, im currently going through a similar issue

Carla - posted on 10/12/2010

trust me,I have been through 2 divorces with my sisters, it is very difficult to remove a child from the mother. He would have to prove either that you are insane, which you are not, and 2 not fit to be a mom, which you have been proving over and over again for the past 2 years. Let him try, its a waist,he may get monitored visitation. Which means a social worker will be present during his visits, and thats all he will get. Trust me.

Carla - posted on 10/12/2010

Usually, since the dad is on the certificate he would need to sign, but since he is in rehab, And has had nothing to do with her since birth, I believe it gets presented to him and they have a certain amount of time to respond, if no response, then your daughters name may be changed legally without his consent. this usually should already have been done in the hospital so you dont have to apply for one you would just like to make an amendment on it. A copy is at the town hall where she was born, since you filled it all out at the hospital.

Dakota - posted on 10/11/2010

When you filled out the for with her name what did you put? Because whether you filed or not it'll be that way on her birth certificate unless you pay to change it.

Kandice - posted on 10/11/2010

Okay, thank you. We are planning to get representation through the Navy, which is really helpful considering it's free. I just wanted to know a little more about my situation so i know what i'm getting myself into. Thanks for all the help!

Joy - posted on 10/11/2010

I think you'd be better off contacting an adoption attorney for process questions like that last one about the termination of rights. The laws vary from state to state so you will be better served to talk to someone who knows the laws specific to your state.

Kandice - posted on 10/11/2010

Everyone's been really helpful. Thank you! I have one last question. Am i going to have to file for termination of rights before we can go through the adoption process? Or can we knock that out all at once?

Iridescent - posted on 10/11/2010

It's actually not that hard for him to appear in court; the center where he is arranges it so he can attend if he desires to. Excellent thing about the judicial system. Considering as he likely has nothing better to do than make your life hell though, based on his history and where he is, don't count on it being a simple court date. If it's that important to you though, most judges would allow it since he's not (and not about to become) an active part of your daughter's life.

Kandice - posted on 10/11/2010

Im more worried about cutting him out completely! He us a drug addict and has been in an out of rehab for years! I just know when he gets out of rehab this time he's going to try to do whatever he can to try to take me to court and take her away from me. I've been through it before and it is miserable! I mean if he's in rehab for two years it would be pretty hard for him o appear in court idk I'm sooo confused I've been stressed with this for 2 years!!!!

Joy - posted on 10/11/2010

I'm not sure but I think in order for your future husband to adopt your daughter, her biological father would have to sign away his rights. Something for you to look into. Good luck :)

Sherri - posted on 10/11/2010

I found this and hope it helps.

How to change a minor child's last name
Changing the name of a minor child, unless during adoption proceedings, requires a court order; the court will consider the child’s best interests.

It is possible, however, to change a child’s name without the process of adoption through petitioning the court for a name change by filing certain paperwork. How this works will vary from state to state, and while in the simplest cases you may be able to fill out the forms yourself, you will likely need to consult a lawyer or a legal aid society. You will also need to demonstrate that you have notified (or, if he is long gone, attempted to notify) the child’s natural father
of your desire to change the child’s name. In some states, the natural father’s consent is required; in others, it is not. The court will weigh whether or not the name change is in the child’s best interests and will accept or deny the petition accordingly.

http://www.essortment.com/lifestyle/chan...

Shelly - posted on 10/11/2010

The process is pretty easy. I think you will have to apply for her birth certificate, his name is already on it, they won't change it, it is a legal document. If his last name is listed on her Medicaid card or social securtiy card you have to change it at the social security office. Anyone who has a name change has to do it with the social security office, all you need is the social security card & birth certicicate, I changed my madien to married name in about 20 min with one page of paper work. Can't imagine it would be much harder for kids. I don't think they will take his name off the birth certificate though.

Kandice - posted on 10/11/2010

She was born in AR. They dont sen you the birth certificate you have to send off forms and like 12.00 and wait 4-6 weeks to receive it. I never sent the application off, but yes, she does have her social security card they sent it to me for her Medicaid at the time. Unfortunately he was there at the hospital and we put his last name on. He hasnt seen her in a year he lives in IL in a rehab and I live in CA. I'm fixing to be married and I just want her to be able to have my last name! Do you think the process would be easier if my fiance adopted her? Trying to find the least complicated way of dealing with this.

Shelly - posted on 10/11/2010

They don't automatically file where I am from. In Ca you have to wait 3 months before you can apply for your birth certificate & then you must get a bunch of paper work notarized & send it to the state, nothing is automatic. The hospital does not file for you out here, they won't even pay for the stamp, I think it may be different state to state.



At this point since you have filed the paper work with at least the hospital I would think your only option would be to change her name with the social security office, our hospitals do file with the social security office, so you can bet his last name is her last name on the social security card. It should be a pretty simple process.



The hospital document you both filled out is a legal document, I doubt they will change it, he will be listed as her father You may have a choice on the last name you use, unless on the form you wrote in her first, middle, and then used his last name & in that case it has to be changed at your local social security office, because a social securtiy card # has already been generated for her with that given name.

Sherri - posted on 10/11/2010

Okay I am confused you don't apply for a birth certificate you fill out the paper work in the hospital and they automatically file the appropriate paper work with the town your child was born in. The only thing we had to do was then go to the town offices 2 wks later to pick up the birth certificate. It now costs $10 for each birth certificate copy.