Eugene, OR asked in Family Law for Oregon

Q: My mother put the wrong father on birth certificate in 1963. both parents agree to paternity need one deleted 1 added.

I am 54 years old and just learned about this recently and just found my bio dad recently, need to change my birth certificate to his name as father.

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2 Lawyer Answers

A: You say "both" but there are three parties involved - your biological mother, your newly found biological father, and your previously named father. Are all three people alive and willing to sign documents to correct the birth certificate? Is there any child support owed by your named father? These are all issue that need to be dealt with. I never have dealt with this situation but I would imagine if there is no child support still owning and all three "Parents" are willing to sign legal documents and you are willing to sign something, you can probably file a Petition to amend the birth certificate and get a court to order the change which can then be submitted to the vital statistics office where the birth certificate is lodged. Again, this isn't something I have orchestrated before so I would need to read the statutes and make sure this idea would work. But generally speaking the court has the inherent power to correct a mistake.

You also have to consider the laws of the State where you were born. I am assuming that you live in Oregon now and you were born in Oregon, such that the Oregon Department of Vital Statistics will be getting any order which is issued by an Oregon Court. If it is a department of vital statistics in another State that you have to deal with, because you were born outside of Oregon, it could be more problematic. You have to contend with the laws of that jurisdiction and what is or isn't allowed in terms of amending a birth certificate.

Another possible solution is to just do an adoption. Since you an an adult you can consent to being adopted by any other adults who are willing to adopt your. The adoption would then be reflected on your birth certificate. You won't need the consent of the other father currently named on the birth certificate.

It really all boils down to what you are trying to accomplish. Any of these legal maneuvers are going to cost money and require you to hire an attorney. If your purpose is just emotional and not really based on a need to legally establish that you are the son of your biological father, you might just want to leave things as they are and be content that you have found your biological dad. I think you should make an appointment to talk to an attorney to talk about this.

A: You will have to file a lawsuit to disestablish paternity of your legal father and establish paternity of your bio father. That can be done in the same lawsuit. You and the three "parents" will be parties. If everyone consents, the court will grant the judgment. Then you use that judgment to obtain an amended birth certificate. Alternatively, your bio father could adopt you.

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