Legal Question in Family Law in Massachusetts

birth certificate

how do i change the named father on my child's birth certificate


Asked on 3/16/09, 12:40 pm

1 Answer from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

Re: birth certificate

Oh, THIS is a headache and a half.

You would have to file a paternity case against the "new" father, also naming the "old" father, and seek DNA testing. Along the line, you may be asked why and how you made the mistake.

If the "old" father is there because you have ALREADY had him declared "father" through a COURT process, in which you participated and assented, you will definitely face some stern questioning. If the "old" father LIKES his role, he may even in theory fight against any testing, especially if there has been a judgment, on the theory that both you and he are subject to "issue preclusion" in the court. In essence, you can't relitigate something you participated in.

You probably should consult with an attorney in-office.

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Answered on 3/17/09, 6:59 am


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