Full question:
When my two daughters were born in 2004 and 2008, I was told I had to legally place my 'husband's' name on the birth certificate although we had been separated for years and he IS NOT the natural father. The natural father and I questioned the people doing the birth certificate about this and they informed us that it was legally required to put my ex's name on the certificate because the divorce wasn't final. My ex is willing to relinquish parental rights so I can have their names changed and place the natural father's name on their certificates, however, I have been quoted retainer fees of $2000.00 to do this. Is there an online procedure available without having to pay out this outrageous amount?
- Category: Paternity
- Date:
- State: North Carolina
Answer:
There isn't an online procedure for establishing paternity. However, you can use forms available online to initiate a paternity action in court without a lawyer. In most states, a paternity action is a civil lawsuit that can be filed by certain parties, including the mother, the alleged father, or the child. In North Carolina, if a court determines an individual is the father and this contradicts the birth certificate, a new birth certificate will be issued reflecting the court's order.
A court will not automatically order paternity tests; it will review the petition to see if there’s enough information to justify such a test. If ordered, the mother, child, and alleged father must be tested at a designated facility. A court's determination of paternity is final, and you will need a copy of the court's order to establish the child's rights.
Termination of parental rights, which severs the legal relationship between a parent and child, can be voluntary or involuntary. Even if grounds for termination exist, the court must determine if it's in the child's best interests. The parent whose rights are terminated has due process rights, including proper notice and a hearing.
In North Carolina, the putative father can file a special proceeding to legitimate the child, which may involve the mother’s spouse (G.S. § 49-12.1). If the court approves, a new birth certificate will be issued (G.S. § 49-13). For more information on legal forms and procedures, users can search for state-specific legal templates at .
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.