Legal Question in Family Law in New Mexico

How do I remove a parent , the father,from legal

birth certificate

Asked on 1/20/13, 11:01 am

1 Answer from Attorneys

George Chandler Chandler Law of Los Alamos

You don't give me a lot of information to go on, so I assume the most logical interpretation of your question is that the father and mother were married during the period when the child could logically have been conceived and the father agreed to be named as the father on the birth certificate. He is therefore presumed under law (New Mexico Statute 40-11A-2 to be the father of the child, and the only way to overcome the presumption is by adjudication of a denial of paternity by him or an acknowledgement of paternity by another person. The court can order a new birth certificate. If the father listed is actually (biologically) the father of the child, then only by terminating his parental rights in an adoption proceeding by another man can you get his name off the birth certificate.

You really really need an attorney to help you do this.

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Answered on 1/20/13, 11:40 am

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