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How can I get my name on my child’s birth certificate?

How does a father get his name on the child's birth certificate?

Scenario

Jimmy and Sandra met one night out while with friends and soon started dating. Sandra fell pregnant within a few months and shortly after Jimmy and Sandra decide to break up and their relationship has not been on the best terms since that time.

Six months later Sandra gave birth to a little girl named Mary Jane. Sandra did not allow Jimmy to be present at the birth and did not put Jimmy on the birth certificate as Mary Jane’s father.

Jimmy went to Births, Deaths and Marriages and obtained the paperwork required to add himself as the father on Mary Jane’s birth certificate. This paperwork needs be signed by both the mother and father of the child and proof of identity must be provided when lodging the paperwork.

Jimmy completed the paperwork and took it to Sandra but she refused to sign and then told Jimmy that he may not be Mary Jane’s father. Jimmy does not believe Sandra. Mary Jane has Jimmy’s big brown eyes and olive skin and Sandra told him all throughout her pregnancy that he was the father.  Sandra has only said he isn’t the father since he asked her to sign the document adding him to the birth certificate.

Without Sandra’s consent Births, Deaths and Marriages will not add Jimmy as the father on the birth certificate. To prove that Jimmy is the father a DNA test will need to be done.

"Given Sandra is not willing to give her consent for herself and Mary Jane to do the DNA test Jimmy has no other option but to make an application to the Court."

Jimmy asks Sandra for her consent to have Mary Jane tested. Sandra again refuses to participate in the DNA test and since asking for the test Sandra has cut off all communication between them.  

What can Jimmy do to get his name on his child’s birth certificate?

Given Sandra is not willing to give her consent for herself and Mary Jane to do the DNA test Jimmy has no other option but to make an application to the Court for an order requesting such DNA test to be done to determine Mary Jane’s parentage.

If you are in a situation like Jimmy, you should contact our office and speak to one of our experienced family lawyers about your situation.

You should also note that changing a child’s name to reflect any amendment to their birth certificate is a separate matter and is dealt with through a separate process. This means that even if Jimmy is found to be Mary Jane’s father and is added on her birth certificate it will not change the child’s legal name. If Jimmy wants to change Mary Jane’s name to include his surname he needs to deal with that separately. 


Please note, this Blog is posted in Adelaide, South Australia by Andersons Solicitors. It relates to Australian Federal legislation. Andersons Solicitors is a medium sized law firm servicing metropolitan Adelaide and regional South Australia across all areas of law for individuals and businesses.


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