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 8 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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