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I recently had a paternity test done with a man who is not…

I recently had a paternity...
I recently had a paternity test done with a man who is not the named father on my birth certificate. The test proved this guy is my biological father. My biological father and I would like to remove the currently named man's name on my birth certificate and replace it with his. I am over 21 years old and the only legal answers I seen are applicable to children only. Can you tell me what I need to do to amend the father's name on my birth certificate. Also, my mother was never married to either man.
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Answered in 13 minutes by:
3/9/2017
JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,389
Experience: Began practicing Family Law in 1992
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Unfortunately, this is going to require a lawsuit since you are removing one person's name and adding another person.

You will probably want to hire lawyer to help you with this because, as far as I can tell, there are no forms or instructions on preparing the documents.

Essentially it will be a lawsuit to amend a government document. That means you will have to serve a copy of the lawsuit on the man who is listed as your father (although he can waive service), probably on your mother, and then on the man who wants to be listed as your father (he can also waive service). In theory, the lawsuit could also be brought by the man who wants to be listed as your father and the same people would have to be served, except you would be served (or waive service) instead of him.

To be safe your lawyer is probably going to want to include the ADPH in the lawsuit and have them served as well. The reason for that is a lawsuit is only binding on the people who are served or waive service.

The judge will then have a hearing in which you will have to testify and possibly the man who wants to be listed as your father will have to testify as well. You will also want to offer a copy of the paternity test into evidence. The court will then enter an order directing that the birth certificate be changed, removing the current listed father and replacing him with the real one.

That's basically it. The problem is coming about because someone is already listed as the father. If no one was listed, then you could likely just submit the form found at http://adph.org/vitalrecords/assets/hs75.pdf

The problem with using that form now is it doesn't have a place to order the removal of someone else's name and since it is a government document it can't be amended in that way without a hearing and a chance for the person listed as your father to object, if he does.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

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Customer reply replied 1 year ago
Would the hearing have to be in the county that I was born in or in the county my biological father currently lives in? Also, what court would this have to go through? I.e. Civil, District, or Family?

Different counties do things differently but normally it would go through the court which handles family matters. It would need to be done in the county in which you were born, normally. You could also, in theory, do it in the county where the state capital is located since one of the defendants is a state agency.

JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,389
Experience: Began practicing Family Law in 1992
Verified
JD 1992 and 87 other Family Law Specialists are ready to help you
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Thank you very much for allowing me to assist you. While the answers I give can't always be "good news", since the law can't always be favorable to everyone, I do strive to be as accurate as possible and to answer any follow up questions to the best of my ability.

You may receive a survey of some kind in the next day or so regarding your experience here at JustAnswer. Please be advised that I am responsible for the content of my answers but not with the issues of website performance or anything other than the answer. I hope that you will consider issuing a Positive Rating regarding my service to you so that I can continue helping others.

If I can ever provide assistance to you in the future please feel free to ask for me by starting your new question with "FOR DWAYNE B ONLY" and I will pick up as soon as I see the question.

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JD 1992
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Category: Family Law
Satisfied Customers: 34,389
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Experience: Began practicing Family Law in 1992

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