Biological fathers name instead of legal fathers name put onto birth certificate

[TomJ]

I have a situation where someone has died intestate. His sister is the only heir except for this slight issue. Within paperwork his ex wifes solicitors sent a letter in 1997 requesting he give permission for their daughters birth certificate to be altered to show the biological father rather than the deceased who was the legal father. He had a clean break and has not seen the child from 3 months old. Having looked up the birth certificate it indeed was changed in 1997. There are only two ways in which this can happen. One for the legal father to give permission or two for the daughter and biological father to have a DNA test to prove relationship. We can find no documentation to suggest the deceased gave permission. We do not want to go to the hefty expense of DNA testing the deceased if there is some way of finding out if the certificate was changed using method number two. How can I find out which method for alteration was utilised? It does not say on the birth certificate. There is approximately £1million inheritance at stake.

[Jon6b]

The 'child' may make a claim under the Inheritance Act as a person treated as a child of the deceased, just so you are aware. As representatives if you are considering not making any payments to the 'child' I would think the most prudent cause of action might be to have the DNA test done, otherwise it could get messy and as the pr's expensive for you and the estate. You really need to seek legal advice from a wills and trust/probate solicitor, as errors by you in administering the estate as I said could be costly.
In answer to your query re the DNA test, you should make enquiries to the Superintendant of the Register as to what information if any they might be prepared to release without an order from the court. Probably none. The date is also relevant as in October 1997 I believe the rules were changed.

[TomJ]

Thank you jon6b
We are very well aware that the child may be able to make a claim.
The DNA testing is expensive so that is the reason I asked if it was possible to see why the birth certificate was altered. If it was through DNA evidence it will then not be necessary to have tests done on the deceased. It would be irrefutable.
I will contact the superintendent of the register and ask if that information is available.
Thank you for your reply