How do I get my child’s deceased father’s name on her birth certificate?

UPDATED: Jul 13, 2023Fact Checked

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Jeffrey Johnson

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 13, 2023

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UPDATED: Jul 13, 2023Fact Checked

In order to have a father listed on a birth certificate, if his name was not added at the child’s birth, you must prove paternity to the court. In a case where the father is available and willing to state that he is the child’s father, this may not be a complex process. However, in a situation where the father is deceased, proving paternity will be more difficult.

Basically, in the majority of states, even with the family of the father on your side, you will have to legally prove that the deceased was the father of the child before you can add his name to the birth certificate in order to receive social security benefits. Proving the paternity of a deceased person means you will have to show proof through a DNA test.

Getting a DNA test on a deceased person will probably have to be done through a genetic testing agency. There are several agencies located across the country, and you should be able to find one willing to help you, particularly if the father’s family is on board. Their consent will be needed for any DNA testing on the deceased himself, and they may also be able to offer some type of alternative such as hair or other personal items belonged to the father that can be tested, or a DNA test on a living relative.

Once paternity is established via DNA paternity testing, you will be able to petition the court to have the father’s name added to the birth certificate. At this point, the children may be able to collect social security benefits based on having a deceased father. After providing proof through paternity testing, applying for benefits should be a relatively straightforward process. Nonetheless, it’s a good idea to get the assistance of an attorney due to the complicated nature of proving paternity and DNA testing.

Case Studies: Adding a Deceased Father’s Name to a Birth Certificate

Case Study 1: Proving Paternity Through DNA Testing 

Lisa’s child’s father passed away before his name could be added to the birth certificate. In order to establish paternity and receive social security benefits, Lisa embarked on the process of proving paternity through DNA testing. With the support of the father’s family, Lisa contacted a genetic testing agency to explore available options. Consent from the family was obtained for DNA testing, and alternative samples such as personal items belonging to the father were tested.

Case Study 2: Collaborating With Family 

Sarah’s child was also born without the deceased father’s name on the birth certificate. With the assistance and cooperation of the father’s family, Sarah pursued the process of proving paternity. They collaborated to obtain consent for DNA testing on the deceased father’s personal items. The DNA test results were used as evidence to establish paternity and request the addition of the father’s name to the birth certificate.

By working together, Sarah and the father’s family successfully completed the necessary steps to update the birth certificate and secure social security benefits for the child.

Case Study 3: Seeking Legal Assistance 

Michael found himself in a similar situation, where his child’s deceased father’s name was absent from the birth certificate. Aware of the complexities involved in proving paternity and DNA testing, Michael sought the guidance of an experienced attorney. The attorney helped navigate the legal process, ensuring that all necessary requirements were met.

With the attorney’s assistance, Michael obtained the required DNA test results, established paternity, and successfully petitioned the court to add the father’s name to the birth certificate, enabling his child to access social security benefits.

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Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Insurance Lawyer

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

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