Can a new birth certificate be issued if the mother gets separated with the child's biological father?
Full Question:
My son was born when I had a live-in relationship with my boy friend. Subsequently, we separated. Last year my ex-boy friend died. I wanted a new birth certificate to be issued to my son with my ex-boy friend’s name entered as his father. Is it possible under New York law?
12/23/2016 |
Category: Paternity » Birth Certif... |
State: New York |
#28692
Answer:
1. A new certificate of birth shall be made whenever:
(a) proof is submitted to the commissioner that the previously unwed parents of a person have intermarried subsequent to the birth of such person; or,
(b) notification is received by, or proper proof is submitted to, the commissioner from or by the clerk of a court of competent jurisdiction or the parents, or their attorneys, or the person himself, of a judgment, order or decree relating to the parentage; or,
(c) notification is received by, or proper proof is submitted to, the commissioner from or by the clerk as aforesaid of a judgment, order or decree relating to the adoption of such person. Such judgment, order or decree shall also be sufficient authority to make a new birth certificate with conforming change in the name of such person on the birth certificate of any of such person's children under the age of eighteen years whose record of birth is on file in the state health department; or,
(d) proper proof is submitted to the commissioner by the parents, or their attorneys, or the person himself or his attorney, of a judgment, order or decree relating to a change of name granted by a court of competent jurisdiction. Such judgment, order or decree shall also be sufficient authority to make a new birth certificate with conforming change in surname for any of such person's children under the age of eighteen years whose record of birth is on file in the state health department; or,
(e) the certificate of birth of a child born out of wedlock as defined in paragraph (b) of subdivision one of section four thousand one hundred thirty-five of this article has been filed without entry of the name of the father and the commissioner thereafter receives the acknowledgment of paternity pursuant to section one hundred eleven-k of the social services law or section four thousand one hundred thirty-five-b of this article executed by the putative father and mother which authorizes the entry of the name of such father, and which may also authorize a conforming change in the surname of the child.
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(a) proof is submitted to the commissioner that the previously unwed parents of a person have intermarried subsequent to the birth of such person; or,
(b) notification is received by, or proper proof is submitted to, the commissioner from or by the clerk of a court of competent jurisdiction or the parents, or their attorneys, or the person himself, of a judgment, order or decree relating to the parentage; or,
(c) notification is received by, or proper proof is submitted to, the commissioner from or by the clerk as aforesaid of a judgment, order or decree relating to the adoption of such person. Such judgment, order or decree shall also be sufficient authority to make a new birth certificate with conforming change in the name of such person on the birth certificate of any of such person's children under the age of eighteen years whose record of birth is on file in the state health department; or,
(d) proper proof is submitted to the commissioner by the parents, or their attorneys, or the person himself or his attorney, of a judgment, order or decree relating to a change of name granted by a court of competent jurisdiction. Such judgment, order or decree shall also be sufficient authority to make a new birth certificate with conforming change in surname for any of such person's children under the age of eighteen years whose record of birth is on file in the state health department; or,
(e) the certificate of birth of a child born out of wedlock as defined in paragraph (b) of subdivision one of section four thousand one hundred thirty-five of this article has been filed without entry of the name of the father and the commissioner thereafter receives the acknowledgment of paternity pursuant to section one hundred eleven-k of the social services law or section four thousand one hundred thirty-five-b of this article executed by the putative father and mother which authorizes the entry of the name of such father, and which may also authorize a conforming change in the surname of the child.
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In Beaton v. New York, Dep't of Health, Bureau of Vital Records, the court held that where the putative father of a child born out of wed lock had died before formally acknowledging his paternity and his consent could not be obtained, the court could not require the city bureau of vital records to issue the son a new birth certificate containing his father's name.[1]
In the present case, only if the putative father had acknowledged the paternity of the child born out of wedlock before his death, his name can be entered in the birth certificate. Otherwise, there is no authority for issuance of a new birth certificate with his name entered as father of the child.
[1] Beaton v. New York, Dep't of Health, Bureau of Vital Records, 106 Misc. 2d 357, 358 (N.Y. Sup. Ct. 1980)
