How can I change the father listed on a birth certificate and the child's name?

Full question:

I put the wrong father on the birth certificates of both of my daughters. they are now 13 and 15 and would like to legally have their biological fathers name, whom I've been married to for 6 years. We did conduct an independent DNA test for both children. My ex husband who is not the biological father but is on the birth certificate has not been involved for the past 12 years and will not object. I am unsure of his whereabouts but he was served with a copy of the DNA test results 12 years ago and is aware of the fact that he is not the father. Where do i start to not only change the girls' names but also the birth certificates?

• Category: Name Change
• Date: 04/07/2025
• State: California

Answer:

The California statutes contain detailed procedures for making changes to a birth certificate of someone born in California. An affidavit must be signed asserting why the changes are necessary and it must be filed with the state or local registar.

CALIFORNIA CODES
HEALTH AND SAFETY CODE
SECTION 103225-103265

103225. Whenever the facts are not correctly stated in any
certificate of birth, death, fetal death, or marriage already
registered, the person asserting that the error exists may make an
affidavit under oath stating the changes necessary to make the record
correct, that shall be supported by the affidavit of one other
credible person having knowledge of the facts, and file it with the
state or local registrar.

 

103230. Section 103225 shall be applicable to certificates of birth
only in the absence of conflicting information relative to parentage
on the originally registered certificate of birth.

103245. If the amendment is accepted, the State Registrar shall
transmit copies of the amendment to the local registrar and county
recorder in whose offices copies of the original record and
information are on file.

103250. The State Registrar shall send a certified copy of the
newly amended record of birth, death or marriage to the applicant
without additional charge, except for those amendments that are filed
within one year of the date of occurrence of the event.

103255. The amendment shall be filed with and become a part of the
record to which it pertains.

Due to the complexity of providing the proper documents in support of changing the parent on a birth certificate, it may be necessary to discuss the particular facts of your situation with a local attorney.

You may also be able to change the name of the children to match their biological father at that time.