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  #1  
Old 06-21-2005, 08:16 AM
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Boodlesforou Boodlesforou is offline
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Question Is this legal or just deceptive?

My mother became pregnant with me at 17. Birth father was also 17. My mother chose to marry an "older man" while still pregnant with me. This seemed to be "OK" with birth father because he was not ready to meet the challenges of fatherhood.
Since mother was married to the "older man" when I was born, his name is on my birth certificate as my biological father. (Yes this man knew he was not the biological father from the start.) Is this legal? Or is this just what I call deception with no legal ramifications?
If and when I find my biological father and can prove through legally binding DNA he is such....Can I change the name on the birth certificate to record the truth?
Do I have to have the permission of the man who is on the birthcertificate now? I was born in 1967 so this situation is not dealing with a minor child.
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Old 06-21-2005, 08:23 AM
Jensboys Jensboys is offline
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The man who is on the birthcertificate, and if he was legally married to your mother, is considered your "legal" father. Actually, he doesnt even need to be on your birth certificate, he just needed to be married to your mom at time of birth and would still be considered your "legal father".

From a legal perspective, you have two fathers, your legal father, and your biological father. Your biological father probably rescinded all legal rights to you by his failure to parent you over the years etc etc etc.

Saying that, if you wanted your birth certificate changed, your biological father would probably have to adopt you back. Your legal father wouldnt have to agree to that since you are an adult, but your birthcertificate would say only your bio father's name, not your bio mother's name, unless she agreeed to jointly "adopt" you as well.

Confusing, I know. Probably your best bet would be to consult a family lawyer.

Jen
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Blogging about reunion with our 14 year old, Not reuniting with our 13 year old, transracial parenting, adoption and life as a minority family in a rural community. And oh yeah, now I have cancer.

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Old 06-22-2005, 11:20 AM
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Boodlesforou Boodlesforou is offline
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Wow, I didn't realize he would have to adopt me back!
Doubt that would happen. My mother passed away last year and didn't reveal who my biological father was until 4 weeks before her death.
Anyway, I just thought since I am a legal adult, and if I had a legally binding DNA test done, I could change my birth certificate. I know I would have to go to court to have this done, however, I did not realize an "adoption" would have to take place. Quite honestly, I have not had a relationship with my "legal father" in over 18 years. I have never met my biological father. But, after 37 years of lies, It would be nice that the truth be spoken (for me anyway) and my true biological father's name be on my birth certificate. (no matter what his character may be)
Thanks for you input on this matter!
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Old 06-22-2005, 11:29 AM
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You may be able to do that... you would just have to ask the judge.... you definately need a legal DNA test though... so make sure that when you have it done that it is at a place approved by the court.
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