Legal Question in Family Law in Massachusetts
My father on my birth certifcate is not correct
Back in the 1950s my mom put down her first husband (she was divorced at the time) as my father. She did this because she was not married to my father, My father was married to someone else. So she didn't want us my tow brothers and I to have a married mans last name.
My dad was a dad and stayed very nuch in outr lives ubtil his death 15 years after I was born at my hockeygame. I need this corrected for me and my progenitors going forward. How do I do this. My mom and dad and the guy on my birth certicate are all dead.
2 Answers from Attorneys
Re: My father on my birth certifcate is not correct
It is highly unlikely for you to get a court to change your birth certificate at this stage, even if you can prove it. That proof would require DNA testing and unless you have your real father's DNA and your mother's DNA, that is not going to happen.
You can however legally change your name, which would accomplish most of what you want.
Re: My father on my birth certifcate is not correct
You can change your name at this time. However, with all of the potentially affected parents now passed away, I doubt that the court would order what would amount to a change in your paternity, because there is no easily obtained evidence of the paternity (genetic samples or testimony). In addition, if your father has other survivors from his marriage (wife, children, etc.), they might in theory object.
You will have to consider passing the evidence down in another way.
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