As a Family Law Attorney, I frequently get asked questions about birth certificates and the names that identify the parents of the child. Sometimes the answer is clear-cut and sometimes unique situations arise that cause people to need help interpreting the law.
Each month, I volunteer at the Family Law Clinic to help people with legal issues they don’t have the funds to hire an attorney for. I spoke to a woman who had a unique situation where the wrong man was listed as the father of her child. She wanted to know what could be done to correct the birth certificate.
Question: My husband and I have been separated for a few years, but have not divorced formally. Since our separation, I have begun a relationship with a new person, we are now engaged, and we have had a child together. Because I am married, my husband’s name was automatically put on my daughter’s birth certificate even though he is not the father. Why is that? How can I get the name corrected?
Legal Answer: Under Ohio Revised Code 3111.03(A)(1) a man is presumed to be the natural father of a child born during the marriage to his wife. Therefore, his name will appear as the father on the child’s birth record, commonly known as a birth certificate.
What does that mean? Legal codes can be tricky to put into words, but simply put, here is what I told her: You mentioned that you are now engaged to the biological father of the child. In order to move forward with that relationship, you will presumably be getting a divorce from your husband. When you file for divorce, you will name your fiancé as a Third Party Defendant to the divorce action. You can then request that the court find: 1) Your husband is not the biological father of the child; and 2) Your fiancé (third party defendant) is the biological father of the child. The Court’s Order will fall under Ohio Revised Code 3111.13(B), and you may request that the Court order a new birth record (birth certificate) by issued.
Once you have the Court’s Order recognizing the biological father and ordering a new birth record be issued, you should contact the department of health and request that a new birth certificate be prepared correcting the name of the father. This is permitted by statute under Ohio Revised Code 3111.18.
Long story, short—the names on a birth certificate are not permanent, especially if they are presumed. Finding the right attorney to navigate the murky waters of family law is important. If you, or someone you know needs legal advice or counsel with custody, child custody, alimony or child support, please reach out to me, Melanie Mize: melanie@memlawyer.com