Legal Question in Family Law in Massachusetts
amending birth certificate
I would like to correct the birth certificate of an 8 year old child which original birth certificate has the name of the mother husband at the time of birth. If I have a paternity test proving the child's father is someone else. Can the real father have the birth certificate changed and how does he go about doing it. The child is in Massachusetts but was born in New Jersey.
1 Answer from Attorneys
Re: amending birth certificate
There is a presumption that a child born to a woman during marriage is the child of her husband.
You would have to file a Paternity action and serve the presumed father (i.e. the husband) to rebut the presumption via a paternity test. If the putative father is adjudicated the true biological father, then the court can order the amendment of the birth certificate to reflect that fact.
The court will likely also establish a child support order.
Because of the question as to which state has jurisdiction, Massachusetts or New Jersey, it would be advisable to retain an attorney to assist you with this.
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