Legal Question in Family Law in California
if both agree that hes not the father do we still have to do a dna test to remove his name from birth certificate
2 Answers from Attorneys
Yup, and that might not even work. The state wants kids to have two parents of record, in case the child needs care or support so the child will not become a burden on the state. By "on the birth certificate" I presume you mean you both signed a declaration of paternity, since you haven't been able to get a man's name on the birth certificate without signing the declaration or going to court for about 12 years. That's a declaration under penalty of perjury. You're going to have to go to court to undo it.
I agree with Mr. McCormick, and point out that the law in this area is very convoluted and turbulent. You can't change a birth certificate without a court order anyway.