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Taking a biological dad's name off the birth certificate?

Does anyone know if the dad has to sign something if you want to take his name off? My friend's son's dad has never seen his son, the boy is 5 years old now. He has paid a paltry amount of child support and that's it. She says if he is not going to be a father to his son, he doesn't deserve to be on it.

 
Anonymous

Asked by Anonymous at 10:28 PM on Oct. 26, 2009 in General Parenting

This question is closed.
Answers (12)
  • She can ask him to sign away his rights or get a lawyer to file to have him removed for abandonment.  Every state is different in their laws.  If she has someone willing to adopt, her case will be stronger.  Some states will only take a father off if there is someone to replace him.  If he's in arrears, she may be able to waive them to get him to sign over his right.  Not all states will allow that though.

    camiam81

    Answer by camiam81 at 10:39 PM on Oct. 26, 2009

  • That's not how it works. Sorry. You'd have to provide proof that he wasn't the father.
    Anonymous

    Answer by Anonymous at 10:30 PM on Oct. 26, 2009

  • Not true. YOu can have him sign away his rights.
    CurvyMommato1

    Answer by CurvyMommato1 at 10:32 PM on Oct. 26, 2009

  • if he's the bio father, he'd probably have to sign away his rights, which also means she would probably no longer be able to try to collect child support from him. she could always just change her childs last name so that she isn't using his bio fathers name.
    jessil83

    Answer by jessil83 at 10:33 PM on Oct. 26, 2009

  • unless the child is adopted by another man.. I'm afraid the bio-dad is staying on the birth certificate.
    talk to a lawyer.. some give free consultations .
    maiahlynn

    Answer by maiahlynn at 10:35 PM on Oct. 26, 2009

  • Thanks guys, that's what we thought. The CS he paid wasn't a significant amount anyway, she said she wouldn't even miss it. He's been giving her a sob story that he needs the money to support his NEW baby and wife. She told him he already has a son he needs to help take care of but of course, it's always "poor me." She plans on asking him to sign away his rights but she was wondering if she could do it without him in case he gives her a hard time.
    Anonymous

    Answer by Anonymous at 10:37 PM on Oct. 26, 2009

  • Even if he is a deadbeat you cannot steal someone's child for them.
    Anonymous

    Answer by Anonymous at 10:38 PM on Oct. 26, 2009

  • anon :38 how would she be stealing his child if he has made no attempt to even MEET his own son in the past 5 years?
    Anonymous

    Answer by Anonymous at 10:42 PM on Oct. 26, 2009

  • "She says if he is not going to be a father to his son, he doesn't deserve to be on it."

    That is not her decision to make. If he's the real father, he has the right to be in the birth certificate unless he voluntarily signs away his parental rights.
    Fallaya

    Answer by Fallaya at 10:47 PM on Oct. 26, 2009

  • you shouldn't have put it on in the 1st place. If he's paying he has rights.
    Anonymous

    Answer by Anonymous at 10:48 PM on Oct. 26, 2009

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