NSW removing the fathers name wrongfully put on birth certificate

Discussion in 'Family Law Forum' started by mam21, 29 March 2019.

  1. mam21

    mam21 Member

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    I have a 27 month year old son, Listed on his birth certificate is not the biological father. I wasn't completely sure at the time of signing the certificate. The paternity only came to light when my son was 7 months old. The man listed on the birth certificate did a non legal dna test without me being there which I don't have access to. I Don't doubt the results of the test. Since then I have tried with a lawyer to get him to remove his name from the birth certificate so I legally have the right to change his last name but he refuses to talk or do anything. Since that time I have located the biolical father of my son and have a non legal DNA test result and acknowledgment from his lawyer that he agrees he is the father. He doesn't want to be legally placed on the birth certificate and we have a private child support agreement. I do however need the existing man listed on the birth certificate removed how can I do this in time with no contact does the court recognise? and would they accept the non legal DNA test and lawyer adknowlegdment as enough to remove the father on the birth certificate?
     
  2. Scruff

    Scruff Well-Known Member

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    There is a formal process for doing this through Service NSW which involves submitting an application to Births, Deaths and Marriages.
    To remove the name of one parent from a birth record, the other parent can submit the application on their own.
    Applications to change birth records can only be made by parents while the child is under 18 years old. Once 18, the child has to submit the application.

    All the information you need can be found here:
    Change the details on a birth, death or marriage record
     
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