La Puente, CA asked in Family Law for California

Q: How can I obtain a passport for my son ? If his NON biological father is still physically on birth certificate ?

15 yrs ago My ex took dna text to find out he was NOT the father of my son. He asked the court to remove him from the birth certificate and the courts agreed. Next the actual Biologivsl father took dna test and signed declaration. We went threw court and he still is very present ! problem is We never had actual birth cert amended ! I’ve never had an issue until now I’m trying to get my sons passport urgently for trip to Cancun ! usps informed me I most likely would not Be granted passport because the EX is name is still present in birth cert ? I’m in a bind and have lil time and i do have dna test results as well as court papers and declaration ‘ and I have no contact with the ex since 2009 plz help what can I do in little time thank u

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: In a situation like this where there is an error on the birth certificate, you will need to get the birth certificate amended before applying for your son's passport. Here are the steps you can take:

1. Contact the vital records office in the state where your son was born and request information on how to amend the birth certificate. You will likely need to provide the court order and DNA test results showing the ex is not the biological father.

2. Once you have the required documents, submit them along with the amendment form to the vital records office. They will process the amendment and issue a new, corrected birth certificate. This process can take a few weeks, so it's important to start as soon as possible.

3. After receiving the amended birth certificate, you can proceed with the passport application. You will need to submit the amended birth certificate along with the other required documents for a passport application.

If you are in urgent need of the passport, you can try contacting your local passport agency and explaining your situation. They may be able to expedite the process if you can provide all the necessary documentation, including the court order and DNA test results, along with proof of your upcoming travel. However, there is no guarantee that they will be able to issue the passport without the amended birth certificate.

It's important to address the birth certificate issue as quickly as possible to avoid delays in obtaining your son's passport.

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