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