Cleveland, TN asked in Family Law and Adoption for Tennessee

Q: Can I amend my child's birth certificate to my now married name if the man on certificate is not biological?

I was never married to the man who signed.

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1 Lawyer Answer
Leonard Robert Grefseng
Leonard Robert Grefseng
Answered
  • Family Law Lawyer
  • Columbia, TN
  • Licensed in Tennessee

A: Changing a birth certificate will require a court order. You don't explain why but apparently, someone other than the true biological father signed a voluntary acknowledgement of paternity ( v.a.p.) That v.a.p. is binding. In summary, there are now TWO men out there who can claim parental rights to this child- the true biological father and the person on the birth certificate. If you have now married, changing the child's name to your married name is NOT the same as an adoption. I don't think a Judge would allow the name change without the consent of the person on the birth certificate, and more importantly, again, just changing the name won't protect you in the event one of the two men attempts to assert their parental rights. You should consult an experienced family law attorney to discuss termination of parental rights and adoption.

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