Legal Question in Family Law in South Carolina

fathers name on birth certificate

I am still legally married but i have a child with another man who is incarcerated. We would like to get his name on the childs birth certificate and my husbands taken off. My baby's father has signed an affadavit accepting full responsibility for my son and also an Acknowledgement of Paternity statement. My husband has signed a Denial of Paternity statement . Will this be sufficient enough to get the fathers name changed on my son's birth certificate?

Asked on 5/01/09, 2:20 pm

1 Answer from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: fathers name on birth certificate

Those items are steps in the right direction, but there are other things that are required to be done by statute in situations like this. For instance, a Guardian ad Litem is required to be appointed whenever a child is being made illegitimate.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.

If you need more information, you can visit my family law blog ( or our website ( I wish you the best of luck.

Ben Stevens

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Answered on 5/03/09, 4:57 pm

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