changing a name on a birth certificate

UPDATED: Oct 1, 2022

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changing a name on a birth certificate

My mother was married when I was born 28 years ago. She put his name on my birth certificate instead of my dads. She said the hospital wouldn’t let her put my dads name because she was married. I want to change the name to my actual dad. We have no idea where this person is so he cant sign the form to take him off. What else can we do?

Asked on August 3, 2018 under Family Law, Massachusetts


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the clerk at City Hall told you that you had to go through the Court then you need to proceed in that direction.  You are going to need what is called in most states an Order of Filiation which directs a paternity test and declares your Father as your Father.  Then you ask the Court to have the State issue a new birth certificate listing him as your Father.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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