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How to Add the Father to a Child’s Birth Certificate in Illinois When the Mother Objects

Updated on
October 28, 2019
Article written by
Attorney Kevin O'Flaherty

In this article, we will explain how to add the father’s name to a child’s birth certificate when the mother objects and was created in response to a question posted by one of our readers.

The reader asked:  My step daughter is 5 and her father’s name isn’t on the birth certificate. Paternity is established, but the mother is just refusing to allow his name on the birth certificate. How can he get his name added to it with her mother absolutely refusing to allow him to be added.

If the father was not added to the birth certificate when the child was born by mutual agreement of the parents, the first step in getting the father added to the birth certificate is to establish paternity.  

How to Establish Paternity When the Mother Objects

Establishing paternity is the first step to obtaining parental rights with respect to a child born out of wedlock.  The father can do this when the mother refuses to voluntarily establish paternity by filing a petition to establish paternity with the appropriate court.  

The court will hold a hearing at which each parent will provide evidence in favor of or against the petitioner being the biological father.  This typically takes the form of DNA testing.  If a DNA test indicates a high likelihood that the petitioner is the biological father, the court will enter an order establishing paternity.

To learn more about paternity proceedings, check out our article: Illinois Paternity Law Explained.

Once paternity is established, the father will be required to pay child support and can initiate court proceedings to adjudicate parenting time and responsibility. The father can also use the court order establishing paternity to add his name to the child’s birth certificate.  

How to Add a Father’s Name to a Child’s Birth Certificate Once Paternity is Established

Regardless of whether the mother objects, once the father has obtained a Court Order of Paternity establishing that he is the biological father, he can submit a certified copy of the order along with an an Affidavit and Certificate of Correction Request form to the Illinois Department of Public Health.  The clerk of court can provide you with a certified copy of the order.  

For more on this, check out our article: How to Correct a Birth Certificate in Illinois.


How to Add the Father to a Child’s Birth Certificate in Illinois When the Mother Objects
Author

Attorney Kevin O'Flaherty

Kevin O’Flaherty is a graduate of the University of Iowa and Chicago-Kent College of Law. He has experience in litigation, estate planning, bankruptcy, real estate, and comprehensive business representation.

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