Legal Question in Family Law in Pennsylvania

The biological father can request a copy of the birth certificate, if there was an adoption the birth certificate should reflect the change, also if there was an adoption the birth father would no longer be liable for child support.

Use of the mother's last name for the child did not necessarily require a formal name change or a forged signature.

I agree with my colleague that if there was an adoption, the biological father is no longer liable for child support. If the Office of Child Support in Hawaii is still communicating with you as the biological father, it might be because the adoption was not disclosed to them by the mother. However, I beg to differ with my colleague on the issue of the birth certificate. A name change on the birth certificate is not automatic and must be requested before a child's last name is changed on that document.

Your first step is to communicate in writing with the child support agency in Hawaii and inform them of the following:

1. You are the biological father of the child;

2. You never consented in writing, or otherwise, to have your son's last name changed, nor to any adoption;

3. Ask them the name of the individual who requested your son's last name be changed; and

4. Ask what documentation was submitted with the request for the name change

You must submit some form of government issued identification to prove who you are to the Hawaii Office of Child Support, otherwise they will not disclose the information you are requesting. Wait 3-4 days, then call that office. Ask for the name of the person with whom you are speaking, this way if you have to call them again, you can speak to the same individual, rather than have to repeat your information all over again.

If that office tells you that your son was adopted in Hawaii, then you must communicate with that Court and ask them to send you a copy of the signed consent so that you can prove it was not your signature and that your son was adopted without your knowledge or consent. If they tell you that your son was adopted in New York, then they must have documentation from the Surrogate's Court which is the Court that handles adoptions in New York.

There is a Surrogate's Court in every County of New York, so be sure to ask the clerk in Hawaii which County Surrogate's Court processed the adoption. When you learn which County Surrogate's Court handled the adoption, you must communicate with that Court to inform them that you did not consent to the adoption and ask for any documentation purporting to have your signature on any consent so that you can dispute it.

Best of luck,