Legal Question in Family Law in Massachusetts

Re: Birth Certificate Mr. Roth

Then as an adult you can file a petition to change your name. You do not need his permission to change your name legally.

Good Luck. You can find my email if you have more questions.

Re: Birth Certificate Mr. Roth

I responded to the first question with a question -- if it can be done (changing the birth record), would it be wise to do it?

I have not researched the issue of correcting the birth certificate in this fact situation, so cannot state that it could be done. If it can be done, I suspect it would require an action in equity, given that the bio father is now long dead. There might be significant issues for the court to consider, because changing your legal status could (at least in theory) change the legal status of other people who were related to your bio dad (parents, siblings, etc.).

You would also be giving up the right to support from the man who, for better or worse, stood as your father legally for many years. If you have college aspirations, this might be a hindrance financially.

I think that the anguish you express speaks to your need to separate yourself from your legal father. You can certainly do this in part with a petition to change your name, and by in fact asserting your right as an adult to do so.

However, you should also be aware that if the man tried to spend time with you -- visitation "forced" on you by law -- and supported you, he felt some form of love and obligation. No, I can't guess exactly how this was expressed, and you apparently did not think it was a good thing.

This brings me to the main point: rather than pointing your anger at Mr. Roth for his attempts to assist you, you should dig deeper into these issues. Changing your name will -help-, even if you can't change the birth record. However, you may want to sit and talk some of these things out with a counselor or other trusted adviser. The legal system is not a "quick fix" for resolving deeper angers; it only takes care of the legalities. Taking your biological father's name is at best a first step.