QUESTION

I need to remove my name off of the birth certificate because paternity was established and child was not mine, do i have to settle in court

Asked on Oct 10th, 2011 on Divorce - Georgia
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1 ANSWER

There will be variables depending on the facts of your case, but generally speaking a birth certificate can be amended or corrected.   For basic or simple corrections (like typographical errors, misspellings, etc.), first you need to obtain a certified copy of the birth certificate from the state vital records office.  Indicate all changes or corrections you want to make by circling them on the birth certificate.  You also need to submit a written request with specific details and instructions for the desired changes, and send copies of any supporting documents you have as well.   Unfortunately though, changing paternity is not a basic or simple correction. The appearance of the name or social security number of the father (entered with his consent) on the birth certificate, unless rebutted, is sufficient to prove paternity.  The burden of proof then lies with the alleged father to rebut that in a proceeding for the determination of paternity.  Further, when both the mother and father have signed a voluntary acknowledgment of paternity and the acknowledgment is properly recorded with the state, the acknowledgment constitutes a legal determination of paternity.  However, that legal determination is subject to the right of either party signing the acknowledgment to rescind the acknowledgment no more than 60 days from the date of signing. After the 60 day rescission period, the signed voluntary acknowledgment of paternity may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof on the person challenging the acknowledgment. It is important to note that the legal responsibilities of any signatory, including child support obligations, may not be suspended during the challenge, except for good cause shown.    
Answered on Oct 28th, 2011 at 8:00 AM

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