birth certificate

This is a discussion on birth certificate within the Family Law Questions forums, part of the Legal Questions & Answers Forum category; The name of the father that is on my sons birth certificate is not the real father. He signed it though, knowing he isn't the biological father. We gotten married ...

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  1. #1
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    birth certificate

    The name of the father that is on my sons birth certificate is not the real father. He signed it though, knowing he isn't the biological father. We gotten married but are now getting a divorce. Is it possible to get his name removed from the certificate? This is a mutual agreement. My son is turns four in July, we were married for three years, and live in New jersey

  2. #2
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    Created Blog entryOverdrive3 months registered500 Experience Points

    New Jersey Statutes, Sec. 9:17-41(b) - Establishment of parent-child relationship; termination of natural parental rights; action.

    b.The natural father, may be established by proof that his paternity has been adjudicated under prior law; under the laws governing probate; by giving full faith and credit to a determination of paternity made by any other state or jurisdiction, whether established through voluntary acknowledgment or through judicial or administrative processes; by a Certificate of Parentage as provided in section 7 of P.L.1994, c.164 (C.26:8-28.1) that is executed by the father, including an unemancipated minor, prior to or after the birth of a child, and filed with the appropriate State agency; by a default judgment or order of the court; or by an order of the court based on a blood test or genetic test that meets or exceeds the specific threshold probability as set by subsection i. of section 11 of P.L.1983, c.17 (C.9:17-48) creating a rebuttable presumption of paternity.

    In accordance with section 331 of Pub.L.104-193, a signed voluntary acknowledgment of paternity shall be considered a legal finding of paternity subject to the right of the signatory to rescind the acknowledgment within 60 days of the date of signing, or by the date of establishment of a support order to which the signatory is a party, whichever is earlier.

    The adjudication of paternity shall only be voided upon a finding that there exists clear and convincing evidence of: fraud, duress or a material mistake of fact, with the burden of proof upon the challenger;

    There are a number of cases where a man who voluntarily signed an affidavit of parentage, knowing he was not the biological father, was not granted an order of nonpaternity subsequent to the 60-day window or the entry of a support order. You should consult with an attorney.
    I am not a lawyer, this is not legal advice.

  3. #3
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    Generally, where a "father's" name appears on the birth certificate and is not rescinded within the statutory period, that person is the father. This is a legally operative condition.


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