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My daugther was born while I was still legally married to my ex-husband (even though we did not live together). I now live with her biological father and he wants to have his name added on her birth certificate and her last name changed to his. She is now 10 years old and have no father listed in her birth certificate. My ex husband has no claims about him being a father. Can we add her real father name and change her last name without going through the court? If not, what do we need to do? Thank you.
Optional Information: State/Country of Question: New York
The bio father would have to execute a "voluntary declaration/acknowledgement of paternity." Then, you would submit the form to the State department of vital statistics to add the father's name to the birth certificate.
Hope this helps.
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I read that the "voluntary declaration / acknowlegement of parternity" can not be filed if a woman was married to someone other then a bio father anytime during the pregnancy, which is my case. Is there other form or procedure that should be followed?
There is a presumption in law that a child born to a woman during a lawful marriage is the issue of the marriage. However, that presumption can be overcome by contrary proof, which would include a voluntary acknowledgement of paternity where the husband does not contest paternity. So, this is not an issue.
See N.Y.FAMILY COURT ACT §516-a; N.Y. SOCIAL SERVICES LAW §111-k(2)(a).
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