I want the real father on the birth certificate

Dear Mrs Macaulay,

I would like to know how I can change my son’s last name without going through the courts. I was dating two guys at one time in the period I got pregnant but wasn’t aware I was pregnant until about five months in. The name on the birth certificate is not the right father and I want to add the rightful father’s name to the certificate. The father listed as the father has agreed to the name change since it’s not his child and I would like to do this as soon as possible.

In order for me to respond properly to your letter I must ask some questions. How do you now know who the actual biological father is? Did you do a DNA test? Are you going by appearance, which is subjective, or actual scientific fact? How old is your son now? Finally, you say nothing about the person you now identify as the real biological father. So has he consented to have his name and particulars entered as the father of your son?

You really ought to obtain the consent and assistance of the person you are now identifying as the biological father of your child and who was not so registered because of your erroneous registration shortly after the birth. And you must be absolutely certain this time. I would therefore suggest that you get this man to agree to do a DNA test with your son. If the result is that he is the father, then see that he agrees to your proposed course of action for the rectification on the birth certificate as clearly the “registered father” did not within the prescribed time after receiving the notice that he had been named by you as the father of your child, deny your assertion of his paternity when you provided particulars to the registrar on the child’s birth.

Since the registered father never denied being the father as named by you, then there is no way you can effect the substitution of fathers on your son’s birth certificate without going to court or doing a change of name by deed poll (which does not adjust the birth certificate).

I do not understand your reluctance to have the error created by your own actions rectified by the means provided for in law. You have already done your son a disservice, so surely you will do all that you ought to rectify the position for him. You should speak with both men about sorting out the error and obtain the full consent of each to have it rectified. Then you must file your application for the real biological father (having done the DNA test) to be declared the father of your child and for the birth certificate to be accordingly amended.

You will, of course, have to explain to the court how the error occurred. Since all such applications in family courts are heard in camera, your embarrassment (if this is the cause of your reluctance to go through the courts) will not be in the public sphere. You should remember that your application is not the first of such applications to have been made to the courts of Jamaica.

You owe it to your son to make these applications to the court and get his real father registered on his birth certificate and so enable him to develop a relationship with his real father. In addition, you should not deprive this man of his rights and obligations as a father, and access to his son.

You can only effect the rectification of your error by way of the application to the court as I have stated, and I agree with you that you ought to do this as soon as possible. Good luck to you all.