Legal Question in Family Law in Virginia
Name change
Please advise on steps to have the last name of the father added to a childs birth certificat. The child is 1year old,parents are not married and mother wants to add the fathers last name to the birth certificate. Would a paternity test be required for this process if there is no qestion who the father is.
please respond asap.
1 Answer from Attorneys
Re: Name change
Once a child is born and the birth certificate established, the only way to change it is by Court Order and yes, the Court is not going to order it without DNA proof of paternity.
One files a Motion in the Circuit Court of the Couny where one's child lives and titles the Motion "Petition to Amend Birth Certificate", one attaches an affidavit stating the parents name and a DNA result of the individual claiming to be the parent. Then one calls the clerk to schedule a hearing so a Judge can examine the parties and the document. The Court may postpone to appoint a lawyer for the child. This is, of course, best handled with the services of a lawyer.
Good luck.
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