What do I need to do in order to put the father of my child on the birth certificate?

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What do I need to do in order to put the father of my child on the birth certificate?

I became pregnant while legally married to a man that is not the biological father. In the state of GA, they would not let me put the biological father on the birth certificate because of the marriage so I left that part blank. My now ex and I had a verbal agreement to move on and separate and had been living in separate states for over a year before I became pregnant. We just never did the paperwork so he could have medical benefits while he got on his feet. We have been divorce for 2 years and I want to correct my mistakes. My child’s father and I are now married and live in a different state. I want to put my child’s father on the birth certificate. He agrees 100% that he is the father. I would just like to have it in writing in case something ever happens to me. I don’t know what paperwork I need to file and how to go about it from another state. I read something about court of competent jurisdiction but that was only if if the father is deceased which he is not.

Asked on July 9, 2011 under Family Law, Oklahoma

Answers:

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

Answered 10 years ago | Contributor

I am so glad that your life has worked out an that you and your child are happy.  I think that at this point in time it may be necessary for you to formally establish paternity for your child with your spouse.  An "adoption" is not the way to go since he is the biological father.  You may only need to file an affidavit of paternity and then file to amend the child's birth certificate.  But you are correct in a sense that the matter must be done in a court of "competent jurisdiction" meaning that it has to be done in a court that has the ability to render such an order (i.e., NOT criminal court).  And I think that you may have to do it in Georgia although I am not certain about that given that the child and you reside in Oklahoma now.  Seek legal consultation in your area.   Good luck. 


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