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Can the biological father be left off Birth Cert.?

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  • #16
    Originally posted by mickeymouse5472 View Post
    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.
    THAT is why you should find a different lawyer. While there certainly are a different set of criteria for step parent adoption in the case of documented rape, it's never a good idea to just go writing someone's name of a BC.

    None of this information is relevant in any way, shape or form to the OP.

    The answer to the OP is that she cannot just put someone else's name on the BC. Since the OP was very clear that this was not a case of rape, the discussion of what can happen in the case of rape is moot.

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    • #17
      ~confused~

      Okay, I have been reading this and I guess I am having a serious lapse in oxygen or something,.... Mommyof4, I have a situation where the unmarried mother put her boyfriend's name on the birth certificate knowing well that he might not be the father. Now they are married. The child is almost 2. Now (I think she is trying to leave her husband) she is wanting the man that she thinks is the bio dad to take a DNA test.

      I read your statement that whoever signed the BC would not have been allowed unless he is accepting responsibility for the child or was deemed the bio dad by DNA. Is that correct? So obviously if they found later that the child is not her husband's he did not take a DNA test in order to place his name on the BC, but he acknowledged that he is "the father"??

      I am so confused b/c I have also read on here that even if his name is on the BC he has no rights and the mother can force a DNA test on whom she thinks the bio dad is. Have I confused you now?!! Ha!!
      Don't hate me because I'm __________.

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      • #18
        Correction,...

        The mother was married at the time of birth (but not at the time of conception).
        Don't hate me because I'm __________.

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        • #19
          if a woman is married at birth, the husband is automatically the legal father. he would need to file to disestablish paternity and the bio dad would need to file to establish

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          • #20
            Do you know or is there a way I can find out if there is a time limit to disestablish paternity in Arkansas and Nevada?
            Don't hate me because I'm __________.

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