If my son had a baby with a girl who was still legally married, how do we get his name on the birth certificate?

UPDATED: Dec 26, 2011

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If my son had a baby with a girl who was still legally married, how do we get his name on the birth certificate?

She left him for another guy at 4 months pregnant. We did an at home DNA test which proved that the baby was my son’s. Problem is, when the baby was born she put this other guy’s name on the birth certificate not my son’s or her husband’s. She also gave the baby the other guy’s last name. Is this not falsifying a birth certificate and is it not illegal? What can we do to get my son on the birth certificate and get the baby his last name? And how can we go about getting my son his rights to the baby?

Asked on December 26, 2011 under Family Law, North Carolina


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

This is not illegal nor is it falsifying a birth certificate. She may not have the DNA results to say whose child this is and further, in most states, a child born while the mother is married would actually legally be considered that (based on presumption of law) of the husband. Your son should consult an attorney about getting a court approved DNA test completed to ensure he is absolutely in the court's eyes the father and then go about the process of ensuring the birth certificate is changed and then seeking either full or partial custody with a combination of visitation and the child support issues will also need to be squared away.

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