How do I get my name off a birth certificate?

Question:

I am now divorced, and was granted custody of our child when she was 2 years old because the mother didn’t show up for the hearing. A couple years later and after I remarried, I find out the child isn’t mine.

My new wife was abusive toward my daughter so we granted permanent guardianship to my ex-wife’s parents, who still have her. I want my name taken off the birth certificate and my custody rights terminated since I’m not the kid’s father. The problem is no one can find my ex-wife’s mother who has had my daughter for the past 6 months.

So how do I serve someone if I can’t find out where they live? And how do I go about getting my name off the birth certificate since I’m not the father?


Answer:
In most states, you need to have a Court Order to remove your name from the birth certificate.

You need to contact a domestic litigation attorney licensed in your state immediately as paternity laws vary from state to state.  In many states, if you were married to the mother at the time the child was born, you are dad.  A genetic test is not needed and the Court could, and it seems the Court may already have, declared you the father.  Some states even prohibit genetic testing once a man has been legally determined to be the father.  Since you were married at the time the child was born, there was likely a presumption that you were the father which was solidified with the divorce decree. Some states do allow a genetic test and may extinguish a support order upon the discovery that the child is not your biological child.  More so in instances where the biological father has been identified for support purposes.  Because each state has different laws relating to paternity you should discuss your revelation with an attorney licensed in the State of Maine.

In terms of serving your ex-wife without knowing where she is located, your attorney will be able to tell you the requirements in your state for exhausting service.  The Courts do not expect you to go door to door all across the nation trying to find your ex.  Some states will allow you to send notice to her last known address while others require publication or an affidavit that you could not find her.

Cordell & Cordell understands the concerns men face during divorce.

Erica Christian is an Associate Attorney in the Milwaukee, Wisconsin, office of Cordell & Cordell, P.C. She is licensed to practice law in the state of Wisconsin. She is a member of the Wisconsin Bar Association, the Family Law Section and the Children’s Law Section.

End of Content Icon

10 comments on “How do I get my name off a birth certificate?

    My ñame was placed on a birth certificate after the child had already been born but it was done after I got married through manipulation and well just flat out a selfish cause. I got divorce and even in the decree it says I am not the biological father and that I am not liable for support nor do I have any perennial rights. I want to know if there’s a way to remove my name from the birth certificate because a few months ago I got a letter saying I owe child support when she filed some kind of state provided support. It was quickly dismissed by the investigator when I called about it. I’ve been divorced for nearly 6 years BTW.

    I have a question, my friend was dating a girl for a few months then she found out she was pregnant thought he was the father. So once the baby came he placed his name on the birth certificate. He only saw the child a few times after the birth due to them breaking up. When the baby was 6 months old she said that she didn’t think he was the father. He did a paternity test and sure enough he wasn’t the father. So he has not been in contact with the child or the mother really since ( about another 6 months now). He got served papers today from the “baby mommas” parents who are trying to get custody of the child, they are trying to get him to pay child support knowing he is not the father. He is in Texas. What all should he do? I have read that he needs a court order or to fill out form VS-166. What all is correct??

    He can be removed from the birth certificate based upon fraud as his 60 days are up the only reason a person can be removed off a birth certificate is fraud duress and mistake like in the DNA look up USC 42 666 this is the u. S code for child support on a federal level all states must obide by all your answers are there there is hope

    My daughter is going through a breakup her oldest daughter is 3 years old the father put his name on her birth certificate knowing he was not the father when she was born three years later they’re not together now and now he don’t want to be on the birth certificate can he legally come off the birth certificate knowing he was not the father and he signed it anyway

    I’m about to get a divorce. I want my name off the birth certificate. Do you know what state’s that does that? And what I need to do?

Leave a Reply

Your email address will not be published. Required fields are marked *