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SA Changing Name of Father on Birth Certificate?

Discussion in 'Family Law Forum' started by ChrissyO, 14 June 2015.

  1. ChrissyO

    ChrissyO Member

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    When I was 2 my parents separated and my mother stopped my father from seeing me & my siblings. She remarried when I was 6 and my stepfather adopted us. Since then, my stepfather has been convicted of repeated sexual assault of a minor, a close family member. We no longer have anything to do with him but we now have a relationship with my real father. I would like to have my step father's name removed from my birth certificate and have my real father's name add (as per the original). I have been told by births, deaths & marriages that I cannot apply to have this done.

    I would like to know if there is a way that this can be done? I am happy to go to court to have this done but want to know if it can be done before I go down this path. I am an adult and I know my real dad has no objections to this being done.
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi ChrissyO,

    Are you over 18 years old? When you spoke with Births, Deaths and Marriages, what reason did they give you for why this cannot be done? I know in other states, a parent, or child over 18, can apply to amend a birth certificate, including removing a father from the certificate and amending a new biological father onto it. You will require evidence that the removed father is not your biological father.
     
  3. Sarah J

    Sarah J Well-Known Member

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  4. ChrissyO

    ChrissyO Member

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    Hi Sarah, the reason I was given was because it was a legal adoption. They can give me a copy of my original birth certificate but it would not be valid.

    Regards
     
  5. Sarah J

    Sarah J Well-Known Member

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    Hi ChrissyO,

    In this case, you may need a court order to remove the father's name and amend it with the biological father's name. Otherwise, it may be possible to amend the biological father onto the birth certificate without removing the adopted father's name.
     
    ChrissyO likes this.
  6. ChrissyO

    ChrissyO Member

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    Hi Sarah,
    How would I go about getting a court order to do this? I really want to have his name totally removed.
    Thank you for any information you can give me.
     
  7. Sarah J

    Sarah J Well-Known Member

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    Hi ChrissyO,

    I am not sure of what you can do in your specific situation. Are you still a minor (under 18)? I envision you might need to end the adoption and then apply to have the name removed from your birth certificate. However, I am not a family law expert. I suggest you speak with Relationships Australia SA and a lawyer that specialises in family law. You can get a lawyer recommended to you here: Get Connected with the Right Lawyer for You - LawAnswers.com.au.
     

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