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Father's name on Birth Certificate

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  • Father's name on Birth Certificate

    What legal rights does a father have if his name is on the birth certificate or if he is not on the birth certificate? Would there be any advantage to putting him on it, if you aren't positive he will even pay support or be involved in any way. The baby is due in July and he hasn't gone to any appointment or been invloved in any way so far. We live in Missouri.

  • #2
    It is my understanding that putting the name on the birth certificate indicates this is the father. If you do not want the father to have anything to do with the child or you think the father will not, ask the father to terminate his parental rights in writing or before a court that would issue a legally binding document. By having parental rights terminated, there would be no liability for support, no rights to involvement in the child's life or to make decisions about the child. if the child is later adopted, an adoptive father's name can be put or replaced on the birth certificate pursuant to court order.

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    • #3
      Help, need advise

      Hi,
      My husband and I are both immigrant in US, we're married out of US, never registered our marriage in US. We have daughter, born in Philipine, birth certificate without father's name (it was under acknowledge of my husband too, to speed up getting passport at that time).
      Now I really need to go back to my country for good, will also bring my daughter. My husband keep threatening me to report to the police. Is it true that he has the right to our daughter? Will I be arrested for taking my daughter?
      How to get help for husband that very abusive emotionally?
      Tks!
      Last edited by mamadolph; 01-25-2009, 05:38 AM. Reason: completion info

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      • #4
        Originally posted by elklaw View Post
        It is my understanding that putting the name on the birth certificate indicates this is the father. If you do not want the father to have anything to do with the child or you think the father will not, ask the father to terminate his parental rights in writing or before a court that would issue a legally binding document. By having parental rights terminated, there would be no liability for support, no rights to involvement in the child's life or to make decisions about the child. if the child is later adopted, an adoptive father's name can be put or replaced on the birth certificate pursuant to court order.
        My understanding is that most states require dad's signature on the Affidavit of Paternity or the BC itself. I doubt mom can just add his name to it.

        I also doubt he can give up his rights without a step parent adoption. The state wants 2 parents to be responsible for the child. If it was that easy, imagine how many parents would just walk away from their kids.

        Until he is proven to be the father (APO or DNA) he doesn't have to do anything for you or attend any appointments. After birth, one of you can file for paternity/parenting time/support (if he is legally dad). Also, if his name is added to the BC, it's not always enough to prove to the court that he's dad.

        If he continues to avoid you, after the birth, you don't have to put a father's name down on the paperwork. Then, if you don't get state assistance, there will be no need for them to look for him for reimbursement, which may prompt him to file for paternity/visitation (and he would have the right). He may not contact you, or he might. At any point (even years later) he could file to be in the child's life.

        mamadolph....you may need to consult a lawyer who is familiar with the laws in your country. You could also ask the question on your own post, it may not get seen here.

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        • #5
          Court intervention

          Ohio Granny, tks for your reply.

          I need to know whether US government can intervene costudy of a child born outside US, non US citizen and father's name is not stated on BC.
          I don't want to eradicate father's right in this case, I just want to save my child from abusive word he threw in the familly. If he could do it to me, he will do it to my baby one day.

          Tks

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          • #6
            Are you legal immigrants? Green cards?

            I know in the US a married couple who has a child have equal rights to the child and he is the legal father. I don't know why they would not make your husband sign the birth certificate. As for the passport, why would it be faster with only your name on it? Could he not just sign it too? Are you legally married?

            I think you need to contact a lawyer who knows about immigration and ask him these questions.

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