The State Registrar decides whether or not a birth certificate can be changed.
If the father listed on the birth certificate is the biological father of the child:
No, you will not be able to remove his name from the birth certificate.
The exception is if you have a court order that tells the State Registrar to remove the name from the birth certificate.
If the father listed on the birth certificate is not the biological father of the child, then these are some steps a mother can take to ask the State Registrar to remove the name.
You can send a letter explaining the situation to the State Registrar along with:
A copy of the court order showing the person named on the birth certificate is not the father, and
A sworn acknowledgment signed by the mother and person named as the father that he is not the father, and
A request to prepare a new birth certificate.
The State Registrar may require additional evidence before they can make this decision.
The State Registrar should remove the husband's name when it receives a copy of a court order that says the mother's husband at time of conception, or birth, is not the biological father of the child.
After the husband's name is removed, the biological father's name may be added.
A sworn acknowledgment or affidavit
to establish paternity may be used to add the biological father's name to the birth certificate.
Yes, send these to the State Registrar:
A copy of the court order that allowed you to change your name, or marriage certificate that shows the name change, and
A request asking for a new birth certificate to be prepared.
My baby's birth certificate only has one of my last names listed. Can I add the second last name?
Yes, if it is within the first year of the child's life. Contact the State Registrar to correct this omission.
After the first year of the child's life, you will need to go through the amendment process with the State Registrar:
The correct data as it should be on the certificate, and
One or more pieces of documentary evidence supporting the correction (like a copy of a passport, identification, court order granting a name change, marriage certificate, etc.)
The mother, if the child was born out of wedlock or if the father is deceased or incapacitated, or
The father if the mother is deceased or incapacitated, or
The guardian, if both parents are deceased or incapacitated.
If the child is more than 7 years old, the child's new first name may not be changed until the parents give the State Registrar written evidence of why the first name is being changed.