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Can the biological father be left off Birth Cert.?

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  • Can the biological father be left off Birth Cert.?

    What are the laws pertaining to not putting the biological father on the birth certificate. He has not assisted in any way during the pregnancy, but then again the relationship was only about a month long. The child has been born, and the mother wants to keep the child, however, she did not put the biological father as the birth father. My questions are as follows, can she not put him as the father, in other words leave it blank? And if she does leave it blank, can she put a non-biological father in the future, if she were to marry a non-bilogical father? What rights does the biological father have, should he finally show up? Thanks for any help.

  • #2
    She CANNOT list the father on the BC if he does not sign the affidavit of paternity or paternity is not legally established via DNA testing.

    No, she cannot just name some other man as the father at some yet to be determined date in the future...even if she marries the guy.

    The child has one father. She owes it to her CHILD to establish legal paternity.

    The father will have the right to establish legal paternity (nothing she can do to stop it), file for custody/visitation/support (dependant upon who is granted primary custody, of course). He will have this right until the child reaches the age of majority.
    Last edited by mommyof4; 02-20-2008, 04:28 AM.
    HOOK 'EM HORNS!!!
    How do you catch a very rare rabbit?
    (unique up on him)
    How do catch an ordinary rabbit?
    (same way)

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    • #3
      experience

      I have a little sister without her biological dad on her birthcertificate even though from my experience it's possible it's not a good choice. It's caused many problems and h as hurt this little girl very much.

      Comment


      • #4
        Originally posted by SILENTDEATHSLOVER View Post
        I have a little sister without her biological dad on her birthcertificate even though from my experience it's possible it's not a good choice. It's caused many problems and h as hurt this little girl very much.
        What, exactly, ispossible? Not ever entering the name of the father into the record of birth or fraudulently naming someone else as the father of the child?
        HOOK 'EM HORNS!!!
        How do you catch a very rare rabbit?
        (unique up on him)
        How do catch an ordinary rabbit?
        (same way)

        Comment


        • #5
          answering you

          It's possible to have a different name on the b.c. but it causes many problems later on. We ended up getting a d.n.a. test for the bio dad and it came up positive but the name was never required to be changed.

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          • #6
            Originally posted by SILENTDEATHSLOVER View Post
            It's possible to have a different name on the b.c. but it causes many problems later on. We ended up getting a d.n.a. test for the bio dad and it came up positive but the name was never required to be changed.
            Yes, it is 'possible'. It's also a very serious crime punishable by jail time and a fine for both the mother of the child and the man who commits perjury.

            Please only give LEGALLY accurate responses. Everybody knows it's 'possible' to commit a crime. It is NOT possible to commit a crime in a legal manner.
            HOOK 'EM HORNS!!!
            How do you catch a very rare rabbit?
            (unique up on him)
            How do catch an ordinary rabbit?
            (same way)

            Comment


            • #7
              Originally posted by SILENTDEATHSLOVER View Post
              It's possible to have a different name on the b.c. but it causes many problems later on. We ended up getting a d.n.a. test for the bio dad and it came up positive but the name was never required to be changed.
              Of course it's possible! But that doesn't make it legal and since the OP came here to get LEGAL advice, please limit your responses to legally correct answers.
              Please Note: My "warm and fuzzy" font is not working, therefor my posts will be direct and to the point.

              Thank you in advance for your anticipated understanding.

              Bay

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              • #8
                yes it is "possible"

                I would like to state that yes it is possible because that is exactly what my SD's mom did. Only she tricked another man into believing he was the father. It took my husband and I 12 years to fix it. It does nothing but cause pain to all involved. Especially the child.

                Just out of curiosity. Does the father know about the baby? Could he be waiting for the birth in order to obtain a DNA test before taking on the role of DAD? Which by the way is his right to do. As was stated the relationship was only about a month long.
                Not an expert just stating what I know from experience and or moral standings

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                • #9
                  Its possible to not have a father listed on the birth certficate. I am the only one listed on my son's BC. In the state I live in you can't even put a father's name on the BC without his permisson. Or a court ordered DNA test.

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                  • #10
                    Originally posted by mickeymouse5472 View Post
                    Its possible to not have a father listed on the birth certficate. I am the only one listed on my son's BC. In the state I live in you can't even put a father's name on the BC without his permisson. Or a court ordered DNA test.
                    Which is what I stated in my first response. In ALL states, an unmarried woman cannot list the father on the BC without a legally signed affidavit of paternity by both parents or legally ordered/recognized DNA results.
                    HOOK 'EM HORNS!!!
                    How do you catch a very rare rabbit?
                    (unique up on him)
                    How do catch an ordinary rabbit?
                    (same way)

                    Comment


                    • #11
                      Originally posted by mommyof4 View Post
                      Which is what I stated in my first response. In ALL states, an unmarried woman cannot list the father on the BC without a legally signed affidavit of paternity by both parents or legally ordered/recognized DNA results.
                      My husband isnt my son's father and we are looking into a step parent adoption. When we went to see a lawyer to get the process started he told us that we shouldnt even bother even doing a step parent adoption, but to just put my husbands name on the birth certificate. He says it would be a lot easier and cheaper. My case is different though, since my son is the product of a rape, I dont know who his sperm donor is. My husband has been my son's father from day one.

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                      • #12
                        Originally posted by mickeymouse5472 View Post
                        My husband isnt my son's father and we are looking into a step parent adoption. When we went to see a lawyer to get the process started he told us that we shouldnt even bother even doing a step parent adoption, but to just put my husbands name on the birth certificate. He says it would be a lot easier and cheaper. My case is different though, since my son is the product of a rape, I dont know who his sperm donor is. My husband has been my son's father from day one.
                        A lawyer advised you to commit fraud? A real lawyer? With a degree? From law school? A REAL law school not Milo's School o' Law?

                        See another attorney. And call the bar association.

                        Comment


                        • #13
                          Originally posted by mickeymouse5472 View Post
                          My husband isnt my son's father and we are looking into a step parent adoption. When we went to see a lawyer to get the process started he told us that we shouldnt even bother even doing a step parent adoption, but to just put my husbands name on the birth certificate. He says it would be a lot easier and cheaper. My case is different though, since my son is the product of a rape, I dont know who his sperm donor is. My husband has been my son's father from day one.

                          I know a friend of mine was raped while her fiancee was in basic training. She reported the rape even though the offender was never caught.

                          Her and her fiancee married before the child was born. When they went to apply for a step parent adoption, they were told something similar. But they went before a judge and he asked the husband if he was taking legal responisibilty for this child. He stated he was and the judge ruled to have the BC amended to show him as the father due the fact the child was a result of documented rape.
                          Amateurs built the Ark, Professionals built the Titanic

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                          • #14
                            There's a BIG difference between a judge allowing the step parent adoption to go through and a lawyer suggesting to just do it yourself.

                            There are exemptions in rape cases where approval of the birth father is not needed, but it's still not a do it yourself project, especially if the rape was not reported (which it was in the example you provided). I am not saying that was the case here with the previous poster, just giving an example.

                            If it was as easy as just putting someone else's name on, then women left and right would be crying rape to have the man they DON'T want as Dad taken off the BC.

                            I just don't want the OP to think that crying rape is a way to get away with putting someone else's name on the BC.

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                            • #15
                              Originally posted by MomofBoys View Post
                              A lawyer advised you to commit fraud? A real lawyer? With a degree? From law school? A REAL law school not Milo's School o' Law?

                              See another attorney. And call the bar association.
                              Yes, I talked to a real lawyer. He never said it was illegal, and I actually talk to a lady at the department of vital records about it. She never told me that it was illegal either. She told me there was more to it than what the lawyer told us, but she never told me it was illegal. We haven't done anything in either direction yet. Actually it makes no diffrence to me either way, because he is still my son's dad whether a piece of paper says he is or not.

                              Comment

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