Legal Question in Family Law in New York

Use of last name on birth certificate

Paternity Claim

In 1990 a woman claimed I was the father of her child. In 1992 we were ordered by family court to all have a blood test. This test proved I was not the father of this child, however this woman continues to claim that I�m the father, harassing me and my family, and gave her child my last name. Is there anything I can do to stop them from using my last name?


Asked on 11/10/03, 8:57 am

1 Answer from Attorneys

Louis Venezia Law Offices of Louis Venezia at Union Square, P.C.

Re: Use of last name on birth certificate

THERE ARE A NUMBER OF THINGS THAT YOU CAN DO! First, you can obtain a court order to prevent any further communications with you. You can also sue the child's mother for fraud and defamation of character in falsely asserting that you are the father of this child. One element of relief that can be requested from the court is that the birth certificate be changed and that the mother and the child be permanently enjoined from fraudulently using your name. Our office specializes in this type of litigation and you may call us to arrange for an appointment.

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Answered on 11/10/03, 1:12 pm


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