A Certificate or Record of Live Birth is a fundamental legal and social document in the United States. When a child is born in the United States, authorities that include the county clerks or health departments immediately register the new individual with the government and record the names of the parents of the child for legal purposes. Legal procedures are required to make changes in any information on a birth certificate and these legal procedures will vary from state to state, and county to county.
Grace Periods
Some states offer a grace period of 30 to 45 days for changes in birth certificates, including adding the name of the father, if not originally named, without resorting to complex legal processes to get the change made permanent. Contact your local registrar, such as the county clerk's office in the county where the child was born to find about any grace period offers.
Allowed Changes
Most states require you to file some sort of legal paperwork to change information on a birth certificate. A Recognition of Parentage, ROP, request form is available in some jurisdictions. An ROP request allows the father to voluntarily take parenting responsibility for the child when no father was previously named on the birth record. Jurisdictions also allow for a change due to the outcome of a voluntary or court-ordered paternity test.
Proof
In jurisdictions that offer ROP changes, the father to add his name to the birth record must fill out the ROP form, sign it and have it notarized before filing it with the appropriate state agency. In the course of having the ROP notarized, the father will have to prove his identity to the notary official. In paternity test cases, the court will provide the results of DNA paternity tests to prove the status of fatherhood. If no ROP process or paternity test is involved, parents will need to change a birth record through a local court, one with jurisdiction over the child, and through a legal petition.
Legal Consequences
Men who voluntarily want to add their name to a birth record should seek counsel of an attorney before proceeding. Taking responsibility for parenting a child can have far-reaching and important legal consequences, including the responsibility for paying child support.
Getting Help
Most state departments of health or child welfare offer websites and help desk with information about this process. You can also find information at most County Clerk offices: be sure you contact the county clerk in the county in which the child was born for information.
References
- Minnesota Department of Health: Adding the Father's Name to the Birth Record when the Parents are not Married
- Texas Department of State Health Services: Paternity: Frequently Asked Questions
- "Paternity Establishment: Child Support and Beyond"; Carmen Solomon-Fears; 2003
- "Paternity and American Law"; Rosemarie Skaine; 2003
