Are you wondering how to add a father to a birth certificate in New Mexico? Alternatively, are you a father curious about changing your child’s last name?
Both situations commonly occur when children are born outside of marriage. In either situation, a child is born but a father is not listed on the child’s birth certificate. In these situations, there are two paths to add a father to a child’s birth certificate. The first path involves agreement between the parents. On this path, both parents agree and sign the necessary legal documents to effectuate the change.
The second path involves disagreement. Namely, either mother or father refuses to sign the necessary legal documents to actualize the change. A family court must order the change to take place when disagreement is present. In this situation, a father or mother must open and establish paternity/parentage through a NM family court. In doing so, the family court can order NM Vital Records/Statistics to amend the child’s birth certificate.
HOW TO ADD FATHER TO BIRTH CERTIFICATE IN NEW MEXICO
Adding a father to a child’s birth certificate depends on whether the parents agree or disagree. When parents agree to sign the legal documents, NM Vital Statistics may approve the change without a court order.
Conversely, when parents disagree about the requested change, one parent must open a custody/paternity case. Once parentage is established, the court can enter an order amending the child’s birth certificate. Specifically, the family court judge can enter an order requiring NM Vital Statistics to modify the child’s birth certificate to include the father’s name.
This court order usually takes place in a paternity or divorce case. On rare occasions, the order to change a child’s birth certificate occurs within an adoption case.
HOW TO AMEND/CHANGE CHILD’S NAME ON BIRTH CERTIFICATE IN NEW MEXICO
Do you want to change your child’s last name – to include your name – on the child’s birth certificate? If so, NM Vital Statistics may approve the change if both parents agree and sign the requisite legal documents. Alternatively, you can change a child’s name on the birth certificate with an order that requires vital statistics to include the father’s last name.
Generally, the request to change a child’s name on birth certificate happens in a paternity/custody case. In some situations, the request may occur in a divorce or adoption case. In either scenario, vital statistics usually requires a court order to change the child’s last name.
Finally, the court order usually requires the child’s last name to be hyphenated, to include both parent’s names. For example, let’s say that the mother and child’s last name is Smith, and the father is Sanchez. The court order usually requires the child’s birth certificate to be modified to include both names (i.e. Smith-Sanchez).
ESTABLISHING PATERNITY/PARENTAGE IN ALBUQUERQUE, NEW MEXICO
In New Mexico, fathers can establish paternity/parentage by filing a request to establish paternity. The case can become either contested or uncontested. Specifically, the mother can either agree to paternity – or deny paternity.
When paternity is denied – either by mother or father – the family court will require a DNA test to confirm paternity. In Albuquerque, DNA testing is usually done through ABQ Drug Testing. The DNA test confirms whether the alleged father is the child’s biological father. If yes, then the court will enter an order establishing that the alleged father is the child’s father. This order can also require NM Vital Statistics/Records to amend the child’s birth certificate.
CAN A MOTHER REFUSE TO PUT FATHER ON BIRTH CERTIFICATE?
Yes. At times, a child’s mother refuses to put an alleged father on the child’s birth certificate. This usually happens when the child is born outside of marriage. When this occurs, the father should open a custody case to establish paternity/parentage. After establishing paternity, the family court can order NM Vital Statistics to amend/change the child’s birth certificate.
With that said, the mother can refuse to put the alleged father on the birth certificate until the legal process unfolds. Unfortunately, fathers rights do not include the right to be placed on a child’s birth certificate without an enforceable order. As such, sometimes a court order is necessary to effectuate the change when mother refuses to sign the necessary legal documents.
IF FATHER IS NOT ON THE BIRTH CERTIFICATE CAN SOMEONE ELSE ADOPT THE CHILD?
It depends. Is the father not listed on the child’s birth certificate and failed to be listed on the putative father registry? At times, a child adoption can be much easier when the alleged father fails to complete the father registry.
Specifically, NM adoption law requires alleged fathers to register within ten days of the child’s birth. An adoption can take place without the alleged father’s consent/approval, when this ten-day requirement is not met. In other words, the adoption process can be completed without the alleged father’s consent or approval when fathers fail to complete the father registry.
CAN STEPDAD GO ON BIRTH CERTIFICATE?
Are you curious if your child’s stepdad can go on the birth certificate? At times, the person listed on a child’s birth certificate is not the child’s biological father. When this happens, the biological father can change/amend the birth certificate by establishing parentage/paternity. In doing so, the court can order for the child’s birth certificate to be modified to reflect the child’s biological father.
Alternatively, the stepdad can legally adopt the child. The child’s birth certificate can then be changed to reflect the stepdad after the stepparent adoption is complete.
PUTTING NON-BIOLOGICAL FATHER ON BIRTH CERTIFICATE?
Have you been listed on a child’s birth certificate, but deny parentage? In this situation, the court can order the birth certificate to be changed by showing that you are not the child’s biological father. To do so, you must file a custody case. Next, you must take a DNA test that establishes you are not the child’s father. Once these steps happen, the court can order the child’s birth certificate to be modified/changed.
PATERNITY AND CUSTODY ATTORNEY IN ALBUQUERQUE, NM
Are you wondering how to add father to birth certificate in Albuquerque, NM? If so, are you looking for one of Albuquerque’s top father’s rights attorney/lawyers? You have come to the right place. For over thirteen years, Sanchez has handled complex custody and paternity cases in New Mexico. Call a child support lawyer that knows what they are talking about. Call (505) SANCHEZ.
