Full question:
I have been taking care of my son since he was born. I found out when he was 16 that my name was not on his birth certificate. The party listed was proven not to be the father when my son was a baby. There should be court records to evidence this. When I found out about this issue, his mother refused to have it corrected. My son is now 20 years and wants this corrected. What can he or I do to facilitate this?
- Category: Paternity
- Subcategory: Birth Certificate
- Date:
- State: Delaware
Answer:
In Delaware, to amend a birth certificate, you need to provide:
- An affidavit that includes:
- Information to identify the certificate
- The incorrect data as it appears on the certificate
- The correct data as it should appear
- Documentary evidence supporting the facts, established at least five years before the amendment application or within seven years of the event.
The State Registrar will evaluate the evidence. If they have doubts about its validity or adequacy, they may reject the amendment and inform you of the reasons.
Who can apply:
- One of the parents if the registrant is under age eighteen
- The guardian
- The registrant if they are eighteen or older
- The individual responsible for filing the certificate
If the application lacks the required documentation or if the State Registrar questions the evidence, they will deny the amendment and inform you of your right to appeal to a court.
When an amendment is made, the State Registrar will notify other custodians of the vital record to update their records accordingly.
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.