Legal Question in Family Law in Michigan

Birth Certificate

I am currently married, I got married when I was already pregnant. When my child was born my husbands name was put on the birth certificate (but he is not the biological father) My husband is now divorcing me and wants to get his name taken off the birth certificate. Is this possible, and if so how does he go about doing this? I do not want this to happen, can I fight it? Please help me!


Asked on 2/20/04, 5:13 pm

2 Answers from Attorneys
William Stern William Stern, P.C.

Re: Birth Certificate

You stand in a very strong position to fight it. There is a presumption that he is the father as long as you were married when the child was conceived. If you were pregnant at the time of the marriage, perhaps the presumption is not so strong. However, there is some case law that suggests that what is important is who the child looks to as the father.not the biological parentage. Bill Stern 248-353-9400

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Answered on 2/20/04, 9:55 pm
Henry J. Legere, Jr. Law Office of Henry J. Legere, Jr.

Re: Birth Certificate

It is possible that he could have the birth certificate changed. It depends on a variety of factors. For instance: When did your husband know the child wasn't his? Was he misled into believing the child was his? How long have you been marriede and what is the age of the child? Your husband could have a DNA test performed to see if in fact he is or is not the biological father. It is important that you speak candidly with an attorney of your choosing to prepare a case against allowing your husband to remove his name. Good luck.

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Answered on 2/21/04, 12:46 am


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