Legal Question in Family Law in Pennsylvania
Changing child's last name
My son was born in 1993 in PA. I didn't include his father's information on the birth certificate nor gave him his last name. His father and I would now like to include his father's information and give my son his father's last name. We have a current child support order in PA and have the results of a blood test done by the court to determine paternity in 1994.
Am I able to change the information by using the corrections area on the back of the birth certificate? I was once told what I have to do is first send the correction form to include the father's name, then once the new certificate came with the father's name I could send it back with the correction of my son's last name to his father's. I was also told this was only good for up to his first birthday. Is this correct? How do I go about changing my son's last name then?
His father resides in NY and I reside in PR with our son.
1 Answer from Attorneys
Re: Changing child's last name
Your question deals with legal and administrative issues pertaining, basically, to the Pensylvannia jurisdiction. The issue depends wholly on the nature of the orders by the PA court regarding the child support order. I believe, because that is the case in Puerto Rico that the father may go to PA's DEpartment of Health and recognize the child thereby amending the certificate, in any moment. Moreover, if he has your consent, and that is the case in PR, he may even change the child's name as it appears on the certificate. However, that depends on the procedures enacted by the PA DOH, which may not necessarily be analogous to the ones in PR. I have perused ww.dsf.health.state.pa.us, however I was not able to pinpoint a web article regarding amendments to the birth certificate, so I suggest that you visit the Website and call them. Maybe they will be able to help you.
It may also be helpful if you check your court file because it is possible, and that is the case in PR, that the Court notified the PA DOH of the "filiation". If not you will probably need a certificate copy of the order or judgment establishing paternity, and it is recommendable that you perform any such leg-work before attempting to change the certificate.
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