Q: Can I submit a Waiver of Paternity (signed/notarized in 2008) with a new Acknowledgement of Paternity to add the father?
I was married at the time my daughter was born in 2008. My (now ex) husband was not the father. He signed and had notarized a Waiver of Paternity Affidavit in 2008, when she was born. I did not add the father to the birth certificate at the time. I would like to have the father added to her birth certificate. Can I use the form my ex-husband signed in 2008?
A:
If I understand this correctly, your former husband is not the Father and he signed and had notarized paperwork that stated he is NOT the father, and I'm presuming, that your former husband is also not on the birth certificate, and no Court and no state agency has ever declared him to be the father?
If that is correct, then you can add the real Father to the birth certificate by both of you signing an Acknowledgment of Paternity or by filing in Court to establish paternity.
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