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To remove a name, you'll need to fill out the form and provide a copy of a court order (like your judgment of divorce), or a court determination of non-paternity. Other states require you to file a legal request through the court before you can modify the birth certificate.
In most states, you need to have a Court Order to remove your name from the birth certificate. You need to contact a domestic litigation attorney licensed in your state immediately as paternity laws vary from state to state. In many states, if you were married to the mother at the time the child was born, you are dad.
You cannot have her removed from your birth certificate. If you are adopted by your stepmother now, an amendment is filed with vital records, but your birth mother is always listed on your birth certificate.
The father's name can't be removed from a child's birth entry if he's the biological father of the child. A father's name can only be removed from a child's birth entry if it has been established in court that he's not the biological father of the child.
The second step required to remove a father's name from a birth certificate in California involves filing the court order, a photocopy of the inaccurate birth certificate, a filing fee, and an affidavit to amend a record with the Department of Vital Records.
Changing the surname of the child Either parent can then attend an appointment at the Register Office, with the completed form and a copy of the marriage certificate. The birth will then be re-registered and the child's surname can be changed as part of this process.
Fill out the initial forms. In the Application to Dispense with Consent to Change a Child's Name (PDF, 132 KB) info pack, fill out the first 2 forms: Serve the initial forms. Fill out the remaining forms. File the remaining forms. Change the child's name.
Both legal parents have the right to name a child or to request a name change. However, one parent can't change a child's name without the approval of the other parent. Thus, if the mother doesn't approve, then the father requesting the name change must file a petition with the court for a decision.
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