If the legal father not the biological father, how would I have his name removed from birth certificate?
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If the legal father not the biological father, how would I have his name removed from birth certificate?
Asked on September 12, 2012 under Family Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Your question isn't exactly clear... but if a birth certificate alleges the name of a person who is not actually the father of a child, then it's possible to get the birth certificate corrected through what is called a "suit affecting parent/child relationship." This is also called a SAPCR. Many people call this type of suit a "custody suit" or "paternity suit." The purpose of the suit is the have the courts officially declare one person dad. Generally, the person listed on the birth certificate is a presumed biological father. If it is later determined that another person is dad, then the courts can order a name change for the child and authorize an amendment to the birth certificate through the SAPCR proceedings.
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