How to Remove a Father's Name from a Birth Certificate in California

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In California, removing a father’s name on a birth certificate is a two-step process.

1. A Court Order Is Required

A parent must first obtain a petition from the court to remove a father’s name on a child’s birth certificate. The reason for the court order is that the legal system wants to make sure that there are grounds for the removal.

When petitioning for the court order, the petitioner must prove paternity. She must prove that the named father on the birth certificate is not the biological parent.

Moreover, on the court order, it must state that the father is not the biological parent and that the Department of Vital Records shall delete the father’s name off of the birth certificate. Without such information, even if a court order is granted, the Department of Vital Records will not remove the father’s name.

2. Filing for the Change

To delete the father’s name off of a birth certificate, the mother should submit the following items:

  1. Affidavit to Change a Record (Form VS 21)
  2. Appropriate fee
  3. Court Order
  4. Photocopy of current birth certificate (if you have it)

Although the current birth certificate is optional, supplying it may expedite the process. And if you do not submit all the required papers, then your application will be returned.

Consulting an Attorney

Navigating the legal system is a tricky process and petitioning for a court order requires you to draft a pleading to the court. To successfully remove your father's name from your birth certificate, you may consider contacting an experienced family law attorney. You attorney can help you speed up the process and make sure all the correct and necessary papers are filed.

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Last Modified: 10-16-2017 04:32 AM PDT

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