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 must submit a copy of certified court documents showing paternity determination with a completed data worksheet for the new birth certificate. To change the given name on a birth certificate of a person older than 1 year, contact your local county court to obtain a certified copy of a legal name change order before submitting the birth certificate correction form. The legal name change form can be downloaded from the Colorado State Judicial Branch. And to change name of a person younger than 1 year, send a completed and signed birth certificate correction form. To request a correction or change to a birth certificate, the following documents also must be submitted:Completed birth certificate correction form.
Copy of your identification.
Documentary evidence of the change or correction.
Non-refundable processing fees.
Name change.
The statute in this regard has been given below:
C.R.S. 25-2-115 (2016)
Alteration of reports and certificates - amended reports and certificates
(1) No vital statistics report or certificate shall ever be altered in any way except in accordance with this article and applicable regulations. The date of alteration and a summary description of the evidence submitted in support of the alteration shall be endorsed on or made a part of each vital statistics certificate that is altered. Every vital statistics report or certificate that is altered in any way shall be marked "Amended" except the birth report or certificate of any illegitimate child altered by the addition of a father's name pursuant to section 25-2-112 (3), in which case, upon request of the parents, the surname of the child shall be changed on the report and certificate to that of the father, and also except additions and minor corrections made within one year after the date of the statistical event as may be specified by applicable regulations. A child's surname may be changed upon affidavit of the parent that the change is being made to conform such child's surname to the parent's legal surname.
(2) Upon receipt of a certified copy of a court order changing the name of a person born in this state and upon request of such person, or upon the request of his parent, guardian, or legal representative if he is under a legal disability, the original certificate of birth shall be amended to reflect the new name thereon.
(3) In the event the state registrar alters a birth certificate or death certificate, he shall promptly report the amendment to any other custodians of the vital statistics record and their records shall be amended accordingly.
(4) Upon receipt of a certified copy of an order of a court of competent jurisdiction indicating that the sex of an individual born in this state has been changed by surgical procedure and that such individual's name has been changed, the certificate of birth of such individual shall be amended as prescribed by regulation.
(5) When an applicant does not submit the minimum documentation required in the regulations for amending a vital statistics record or when the state registrar has reasonable cause to question the validity or adequacy of the applicant's sworn statements or documentary evidence, and if the deficiencies are not corrected, the state registrar shall not amend the vital statistics record and shall advise the applicant of the reason for this action and shall further advise the applicant of the right of appeal to a court of competent jurisdiction.
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.