How can I get my husband’s name on our son’s birth certificate?

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How can I get my husband’s name on our son’s birth certificate?

My husband and I were married 7 years ago; 2 years ago we were separated by the time our son was born. We were not even on speaking terms at that point and so he was not there when my son was born. I gave my son the last name of the man who raised me and his birth certificate says “refused” in the spaces for his father. My husband and I worked out our differences later and he now wants our son’s birth certificate to have him listed on it and my son’s last name changed to ours. How can we do this?

Asked on October 8, 2011 under Family Law, Georgia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You need to go to your city or town's department of vital records (check with the town or city clerk). This is usually where you initially register your birth documents for children. Speak to them about the amendment process and what you need to do. This child was born in wedlock so legally he should have your husband's name since he is legally considered to be the child of your husband (it is a legal presumption by most states' statutes that a child born in wedlock is the child of the husband). You should have no problem changing the documentation and also check with the hospital where you gave birth. Make sure you do this quickly and make sure you also amend your son's social security card by going to the Social Security Office to do so. This will make it all uniform so when your child is enrolled in school there will be no confusion with the admission documents.


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