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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34233
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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How do I get a court order to remove my childs non

Customer Question

How do I get a court order to remove my childs non biological fathers name from his birth certificate and put his biological fathers name on his certificate.The non biological father has said he wants his name removed as he is not the father and it's only right my child has his biological fathers name.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. How old is the child and has there been a paternity test to determine who the biological father is?

Customer: replied 1 year ago.
The child is 13yrs old.I never knew the non biological father til my child was nearly 2yrs old.No their hasn't been a paternity test as I was with the child's father when I became pregnant and when he was born.The biological father moved away for work reasons and I lost contact with him.I met the non biological father when my child was nearly 2 and I became pregnant with his child and he decided to put his name on the birth certificate so after we married we would all have the same surname even though I refused.We are divorced now and I want my childs birth certificate put right
Expert:  Harris replied 1 year ago.

Thank you for the further information but there remains some unclear points.

-Is there only one child, or two?

-You state that you met the non-biological father when the 13 year old was 2, but I do not see how he can be registered on the birth certificate as you have 42 days from birth to register.

Expert:  Clare replied 1 year ago.

My name is ***** ***** I have been a solicitor for more than 30 years.

I assume that you and your ex simple re-registered the birth of the child as of course you are fully entitled to do.

I am afraid that the only way that this can now be changed is by the production of a DNA test either showing that the named father is not the biological father -

or that some one else IS the biological father.

Since your ex husband is willing to agree to the change then you need to have a DNA test done using one of the officially recognised firms and then send it to the General Registrars Office for his name to be removed.

The Biological father's name can only be added if he agrees - or you take separate court action

Please ask if you need further details