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

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

Video by Attorney Kevin O'Flaherty
Article written by Illinois & Iowa Attorney Kevin O'Flaherty
Updated on
October 28, 2019

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.


Additional Financial Considerations
from Financial Experts

From Financial Experts

For many years, financial institutions have been creating a disservice to clients and the industry as a whole for years.
View More Professional Considerations

Presented By O'Flaherty Law

O'Flaherty Law is happy to meet with you by phone or at our offices in Davenport Iowa, or our locations in Illinois including Chicago, Downers Grove, Elmhurst, Naperville, St. Charles, Lake in the Hills and Tinley Park.

What to Expect From a Consultation

The purpose of a free consultation is to determine whether our firm is a good fit for your legal needs. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us. Although most consultations are complimentary, some may carry a charge depending on the type of matter and meeting location.

Leave a Comment With Your Questions

Read more about

Illinois Paternity Law Videos

Disclaimer: Our articles and comment responses do not constitute legal advice and are not intended to create an attorney-client relationship.

Please contact us to schedule a free consultation for legal advice specific to your situation.

Here are some articles that may interest you

Contact us for a Free Consultation

Who We Are
We are your community law firm. Our Illinois & Iowa Attorneys are committed to providing exceptional client service in a cost-effective manner in the areas of Family Law, Probate, Estate Planning, Civil Litigation, Guardianship, Criminal Defense, Corporate & Contract Law, Bankruptcy and Real Estate.
Schedule a free consultation

Some of Our Accomplishments

Best Child Support Lawyers in Chicago
DuPage County Probate Attorney
Kevin P. O'Flaherty
Rated by Super Lawyers


loading ...
Naperville attorney
DuPage County Probate Attorney
Business Articles & Podcasts

Subscribe to our mailing list

* indicates required