Legal Question in Family Law in Oregon

Re: Child name change

The Voluntary Acknowledgment of Paternity (VAP) that you allowed to be signed by a man who is not your child's biological father resulted in that man being deeemed in the eyes of the law as being your child's LEGAL father. There are only two ways to get that changed.

First, your present husband (who is the child�s biological father but not the child�s legal father) can adopt the child, and thereby become the child�s legal father. This could be easily done if the existing legal father were to affirmatively agree by siging a Consent to Adoption form (and you would give-up all rights to any unpaid paid child support that he may owe, as well as termination of any existing and on-going child support obligation).

Second, you could file a court action �challenging� the legal paternity that resulted from the signing of the VAP, arguing that the signing was the result of a material mistake of fact in that you thought he was father and have now discovered that he is not. If the judge grants your request, the existing legal paternity of the child will be �undone� and the existing legal father�s name will be removed from the child�s birth certificate. Then, after that, you and your husband (the chidl�s real biological father) can then sign and file with Vital Records a new VAP form, and give the child a new and different name as you desire.

In either situation, you are most likely going to need the help of a lawyer. Give me a call and we can arrange an office conference and provide further legal help.

LAWRENCE D. GORIN

http://www.divorcesource.com/OR/pages/ldgorin.html

Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

Telephone: 503.224.8884

Fax: 503.226.1321

E-mail: [email protected]