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Can i take off my ex-husbands name off my childs birth certificate if he is not the biological father
Anonymous2 views3 answers
and the only reason the hospital put his name because i was in a middle of a divorce and i couldnt leave the hospital without a birth certificate and his name had to go on because it wasnt final yet
The biological father and your ex husband will need to sign paternity forms. You can access them at the court or hire an attorney to take care of this for you.
Todd Allen DavidsonFamily Law AttorneyPlainville, MA ·
There is a lot that needs to be done before you can remove your ex husband from the birth certificate. First, the real "biological" father will need to file a paternity action where he will undergo a DNA test and will also need to argue that he is the biological father as the DNA test is not conclusive. If a long time has passed, then it will be more difficult to remove your ex from the birth certificate. You should consult an attorney as what you are trying to do is not as simple as you would think.
Thank you for your question.
Under the law, there is a presumption that your spouse was the father of the child. That is not something that the hospital has discretion on. Is there a biological father who is willing to acknowledge paternity? If both your ex-husband and the biological father are in agreement, you should speak with an attorney to get this done for you.
Absent someone else acknowledging that they are the father, you ex-husband will remain the presumptive father.
