Maryland Heights, MO asked in Family Law for Maryland

Q: Can I get my fathers name removed from my birth certificate at 16 years old?

My father was abusive and had 50% 50% custody if me and my siblings. I havent seen him in about 5 years and I want to remove his name.

Related Topics:
1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Rockville, MD
  • Licensed in Maryland

A: No. By law, "If the child's mother was married at the time of either the conception or birth or between conception and birth, the name of the mother's spouse shall be entered on the certificate as the child's other parent." If the mother was unmarried at any of these times, "the name of the child's other parent may not be entered on the certificate without an affidavit of parentage as authorized by § 5-1028 of the Family Law Article signed by the mother and the person to be named on the certificate as the other parent." Once the father's name is registered on the birth certificate, it may not be removed except by affidavit of one of the parents to rescind the identification of the father as the biological parent, and commencement of paternity proceedings. The name cannot be removed without the consent of the parent whose name is sought to be removed, or without a court order finding that he is not the father. You would have no standing to remove the name, and no factual basis to do so. The Department of Vital Statistics is charged with maintaining true and accurate records of parentage of all citizens born in the State. The legal mission and purpose of the law in requiring certain information be entered accurately on birth certificates (and death certificates) is not subject to the whims and preferences of those who are identified in the records. In ther words, the record is not solely for your benefit, but serves a vital governmental interest in establishing the identity of persons born in the State.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.