How can I remove my daughter's father's last name from her birth certificate?

Full question:

My daughter has both mine and her father's last name, but her father hasn't been in her life at all-didn't even fill out the birth certificate information. I am wanting to remove his last name. He has been absent all her life, not even receiving child support. What steps do I need to take to remove his last name?

  • Category: Vital Records
  • Subcategory: Birth Certificates
  • Date:
  • State: Colorado

Answer:

In Colorado, to remove a father's name from a birth certificate, you need to provide certified court documents that show a paternity determination. You must also complete a data worksheet for the new birth certificate.

If your daughter is older than one year and you want to change her name, contact your local county court to obtain a certified copy of a legal name change order before submitting the birth certificate correction form. You can download the legal name change form from the Colorado State Judicial Branch.

For children younger than one year, submit a completed and signed birth certificate correction form along with the following documents:

  • Completed birth certificate correction form
  • Copy of your identification
  • Documentary evidence of the change or correction
  • Non-refundable processing fees

According to Colorado law (C.R.S. 25-2-115), a child's surname can be changed if a parent provides an affidavit stating that the change is to match the parent's legal surname. Additionally, if you submit a certified court order for a name change, the original birth certificate will be amended to reflect the new name.

If the required documentation is not provided or if there are concerns about the validity of the application, the state registrar may refuse to amend the birth certificate. In such cases, you will be informed of the reason and your right to appeal to a court.

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.

FAQs

In most states, including Colorado, it is not illegal to leave the father's name off a birth certificate, especially if the father is not present or has not established paternity. However, omitting the father's name may affect legal rights related to custody, support, and inheritance. It's advisable to consult with a legal professional regarding your specific situation.