Legal Question in Family Law in New Mexico
My mother forged my signature on my daughters birth certificate and made it look like my step-dad is the father of my 8 year old daughter. My mother has since passed away. Prior to her passing I took her and my step-dad to a local court and asked told them of the happening and to see what needed to be done, they informed me that the biological father would have to step in and order my step-dads name to be taken off. My daughters biological dad, wants nothing to do with her and I have called him and asked him to take care of the issue, this has been going on for 5 years now my daughter having my step-dads name! I just want to know what I need to do to have my step-dads name taken off the b.c and just leaving the biological father's name blank and her taking my last name. Or if that's not possible, how would I be able to have the biological father's name put on there without his cooperation?
1 Answer from Attorneys
The 1st sentence of your query does not seem to make sense. The only way someone gets their name on a birth certificate is to sign an "acknowledgment of paternity." They have to sign it in front of a notary public. If your mother forged your signature that means that she had a notary public certify that she (your mother) was you. Then, the notary would also have had to notarized your step-father signing the acknowledgment of paternity. That sounds . . . . very unlikely. However, the Guru has seen some unlikely things so this may be one of them.
Be that as it may, there is hope for your plight. You can bring an action in court by filing a petition to establish paternity, custody and child support for your child. In the petition you will name the man who you believe is the biological father of your child. When you get to court you will ask the court to perform genetic testing on everyone who you claim and who may claim to the be father of the child. The genetic testing will prove who is the father of your daughter. After that the court will make an order as to who is the biological father of the child and the court will direct that the department of vital statistics make a new birth certificate naming the real father as the father. Then, your controversy will be over.
I hope this helps.
Good Luck
Law Guru
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