Legal Question in Family Law in Massachusetts
Removing Fathers name from birth certificate
My daughters father has had nothing to do with MY daughter sunce she was 4 months old. I am married & as far as my daughter knows he is her father. It has recently came up that she has needed her birth certificate to obtain a permit to drive. My husband has not legally adopted her YET but we are going to get the ball rolling within the next couple weeks. My question is her biological father signed her birth certificate, is there any way to have his name removed?? I have a feeling it's a big NO, but it I figured I would look into it. The MIA father has no prental rights as far as the courts are concerned & never has.
2 Answers from Attorneys
Re: Removing Fathers name from birth certificate
When you feel you are ready, you and your husband should petition the Family and Probate Court for a second-parent adoption of your daughter.
At the moment, although your husband is the father of your daughter in every meaningful way, the law will not bestow full parental rights (including inheritance and other benefits) unless and until he adopts her.
The process of adoption terminates the parental rights of one person in favor of another, creating full parental rights and responsibilities where none existed. A second or co-parent adoption is a more streamlined and less invasive legal process than a traditional adoption, since one of the parents is already biologically related to the adoptive child.
Although I am in Quincy, Mass., I currently work with clients in the Springfield/ Northampton area and all over Massachusetts. Please feel free to contact me or visit my website for further information, or to schedule a consultation.
Re: Removing Fathers name from birth certificate
The prior answer is dead on.
Two things you should know:
1. The legal father will have to assent to the adoption. There is little doubt that he will, as it will terminate his child support.
2. Your daughter will have to know of and assent to the adoption.
If you have never told her that your husband is not her father, you need to do so. You may well need a counselor in order to facilitate this.
I wish you the best of luck.
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