Legal Question in Family Law in Georgia
how can i get a man name removed from my childs birthcert. who voluntarily signed PA form at hospital, who isnt the biological father. and knew he wasnt? and was only around for around 6mths-1yr, and i havent seen heard from him since dec2008! what actions do i need to take to remove (and locate him)his name from the birth certificate? i made alot of mistakes when i was 18, and dont know the biological father. i have grown up got a little smarter, got married to a wonderful man who has been "daddy" since before my son could crawl or scoot, so he wants to legally adopt my son and get my sons last name legally changed, what do i need to legally do?
1 Answer from Attorneys
You have asked a question as to how you fix a situation where you and a man conspired to commit a felony - a very serious crime of false swearing - and now want to fix it. Be aware that action was illegal and complicates things now.
You CANNOT simply remove a person from a birth certificate. IF you can locate the real bio-dad and you, the bio-dad and the person on the certificate all agree (and get DNA tests) a court might order a change un the certificate.
If you fail to identify the real bio-dad, you also make an adoption more complex than if you can identify him. An adoption will likely involve notice to the bio-dad, notice to the person you then claimed was the father on the certificate and hearings to determine if their parental rights can be terminated. It will be easier if those "fathers" both consent, but it may be done absent consent if the court finds that appropriate. Note that an adoption will change the child's name and birth certificate.
But it is possible. Get a good adoption lawyer.
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