Disestablishing Husband or Listed Father Before Adding Biological Father’s Name to a Birth Record
If a mother was married during the pregnancy (300 days prior to date of birth) but the husband is not the father, by Oregon law the husband must be disestablished by court judgment prior to adding the name of the biological father. To disestablish the husband we need:
- An original, court-certified judgment stating that the husband is not the father of the child.
- $35 amendment fee.
Original, court-certified divorce judgments that include a statement that there is “no child of the marriage” or provide the name and date of a birth of the child and state the child is not the biological child of the husband can be accepted.
If acceptable documents to remove the husband and add a different father to the birth record are submitted at the same time, only one amendment fee will be charged.
Court judgments can also be submitted that overturn a previous court judgment establishing a father, or a Voluntary Acknowledgment of Paternity form that is found by a court to be in error. Judgments can be accepted from any court in the United States.
Reference: Oregon Revised Statutes 109.072
What to Submit to Add Biological Father to a Birth Record
If the mother was not married during the pregnancy (300 days prior to date of birth, or if husband has been disestablished by court judgment), to add the father we need:
- An original, court certified judgment with a clear statement that the court finds that a man is the biological father of a specific child. Child must be named, with age or date of birth. If you submit a court judgment and the judgment does not contain the father’s date of birth and state of birth, add a notarized Affidavit to Correct a Birth Certificate with this information so it can be listed on the birth record. Reference: Oregon Revised Statutes 109.070
- A Voluntary Acknowledgment of Paternity Affidavit with the notarized signatures of both the mother and father. (Note: if husband has been disestablished, wording of form must be altered from “mother unmarried” to “mother married but husband disestablished.”) To request this form see contacts below.
- $35 amendment fee.
- Birth record order form with signature and photocopy of ID for person requesting record.
- $25 for an updated certificate of birth.
(If more certificates are needed, add $25 for each additional record.)
- Return a birth certificate issued within the last year for a free replacement.
- If you are working with an Oregon agency such as Child Welfare or the Division of Child Support, those agencies may submit the documents necessary to either disestablish the listed father or add a father’s name to the birth record. The Oregon Vital Records office cannot verify whether the record has been amended prior to an order being placed for the birth record. If you cannot confirm with the agency that paternity has been established or disestablished, you will need to place an order for the record. If the record has not been updated, it can be replaced with an updated record if the amendment is completed within a year of the application for the record.
To order individual blank Voluntary Acknowledgment of Paternity forms:
Visit out Paternity Forms and Instructions Web Page.
If your questions about filing court judgments to establish or disestablish paternity can not be answered:
Email the Amendments at CHS.Amendments@oha.oregon.gov or call 971-673-1147.