CHANGING BIRTH CERTIFICATE / TERMINATION OF PARENTAL RIGHTS / DNA TESTING

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Virginia Attorney Forum

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Does anyone have any experience in amending birth certificates?
Looking for procedural assistance in amending a birth certificate in case where the individual listed as the father on the BC was later discovered to actually not be the natural father. Can provide more details if needed. Thanks in advance!

2 months ago

6 comments

Follow Ken
Ken Labowitz • Some years ago I was involved in a case in which a correction was made in a birth record. My recollection is that the process was quite simple through the Vital Statistics office, but my case did not involve paternity. My suggestion is to start by calling the Vital Statistics office in Richmond and see if there is a form. I recall being surprised about how routine it was to get a new certificate– apparently it happens surprisingly frequently, such as for adoptions (a new certificate is issued showing the new parents of the adoptee).
2 months ago• Like

Follow Kathleen
Kathleen Havener • I am doing this tomorrow in Ohio. I will report back — this is to have the purported (but not actual) father removed from the child’s birth certificate. Tomorrow’s proceeding is a hearing.
2 months ago• Like

Follow Rhetta
Rhetta Daniel • I did one in the 90’s that was in New York. It can be done, but you have to find out exactly what the jurisdiction requires from the Bureau of Vital Statistics or its equivalent in other states. Then you have to follow the procedures they outline exactly in order to get the birth certificate modified. I had to get a “Certified Order”, not a copy teste, from the appropriate Circuit Court in Virginia for the agency in New York before they would even consider amending the birth certificate. However, other states may have different requirements.
2 months ago• Like

Follow Toni
Toni Brown • In Virginia, you need to petition the juvenile court in the jurisdiction where the child resides and ask for a paternity test. When it comes back that the purported father is not the father, the court will notify Vital Records and the father’s name should be removed from the birth certificate at that point. That’s the method I’m familiar with. There may be a simpler way if all parties agree, but I do believe you have to have a court order.

Hope this is timely enough to be useful.
1 month ago• Like

Follow Valerie
Valerie Foley • Thank you to everyone who commented. The case has become somewhat more difficult since I first posted. Some additional information – the father listed on the birth certificate was deported in March 2011, and the client believes she knows the identity of the real biological father (but he ‘wants nothing to do with the child.’) Client is newly married and wants her husband to adopt the child, and I am trying to figure out the best way to do this given the acknowledged father/purported father issue. Any thoughts would be greatly appreciated.
1 day ago• Like

Follow Toni
Toni Brown • The actual biological father will have to be tested to see if he is in fact the father. A petition should be filed with juvenile court asking for determination of paternity. Once the biological dad is positively identified he then can say whether or not he agrees to terminate his parental rights and allow the mother’s new husband to adopt. If you start the adoption process without this the court is just going to appoint an attorney to represent the “unknown father” and all this will have to be done any way.
1 day ago• Like• Reply privately• Flag as inappropriate
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Latest Updates

Edward Meyers, Eric Jensen and Michael H. Gladstone have joined the group.
18 hours ago

Toni Brown commented in the group on Does anyone have any experience in amending birth certificates?: The actual biological father will have to be tested to see if he is in fact the father. A petition should be filed with juvenile court…
Like Comment (6)1 day ago

Valerie Foley commented in the group on Does anyone have any experience in amending birth certificates?: Thank you to everyone who commented. The case has become somewhat more difficult since I first posted. Some additional information – the…
Like Comment (6)1 day ago
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