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NC birth certificate law for child not husband

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  • NC birth certificate law for child not husband

    I have a one year old son by a man that is not my husband and knew that at the time of birth so we did not put any name in father's space because I was told I had to be divorved to have the biological father's name on it. My son has his fathers name, but we want him to be legally recongnized. What do I do? Do I really have to get divorce? We are separated, but this is really tough and have no clue on how to go about it. HELP PLEASE!!!
    Last edited by embdzc; 02-24-2006, 02:28 PM.
    AmberAmber

  • #2
    Originally posted by embdzc
    I have a one year old son by a man that is not my husband and knew that at the time of birth so we did not put any name in father's space because I was told I had to be divorved to have the biological father's name on it. My son has his fathers name, but we want him to be legally recongnized. What do I do? Do I really have to get divorce? We are separated, but this is really tough and have no clue on how to go about it. HELP PLEASE!!!
    The bio Dad (or you) need to file a petition to establish paternity/custody/visitation/CS. After the bio Dad is established as the legal father, you can petition to change the BC to have bio Dad's name added.

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    • #3
      Get statement from husband...

      When I had my first son, my divorce was not yet final. In order to put my son's father's name on the certificate, my husband at the time had to sign a form denying paternity and his father signed one acknowledging paternity. Until this was done, the baby had my husband's last name (which was still legally my last name at the time of his birth). All of this was done in the hospital the day they brought me the forms to fill out for his birth certificate and ssn number.


      It may be too late for you to do this (not sure if you mentioned the age of the child), but it might be helpful to someone out there getting ready to enter this arena.

      AJ
      Last edited by stressedmominnc; 03-03-2006, 04:21 AM.

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      • #4
        Originally posted by stressedmominnc
        When I had my first son, my divorce was not yet final. In order to put my son's father's name on the certificate, my husband at the time had to sign a form denying paternity and his father signed one acknowledging paternity. Until this was done, the baby had my husband's last name (which was still legally my last name at the time of his birth). All of this was done in the hospital the day they brought me the forms to fill out for his birth certificate and ssn number.
        Did you give birth in NC? NC requires that the husband's name be placed on the birth certificate until a court orders otherwise. So I'm not sure how the OP didn't put any name in the father's space unless she just refused to name her husband? At any rate. I just called NC vital records to verify this, because I thought maybe the law has changed recently, but the lady that I spoke with said that it has not. She said in NC there is no 'husband signs a denial of paternity and bio dad signs an acknowledgment' (in some states that can be done)...it has to go through the court.

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        • #5
          Acknowledgement/Denial of Paternity

          Sorry I didn't mention it, I had all of my children in NJ. Was just offering a suggestion on something that might be doable, but apparently it's not. I don't know about NC laws since I am not having more children.

          Thanks!
          AJ

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          • #6
            Married To Another Man Other Than Babies Dad

            I Am In A Similar Situation, At The Time Of My Duaghters Birth I Was Still Married To My Ex-husband But We Had Been Seperated For A Long Time But I Had Not Been Able To Get The Divorce Finalized Untill After The Birth. Due To That My Babies Fathers Name Is Not On Her Bc. I Have Filed A Petiton For Legitimation And Am In The Process Of Going Through The Courts To Get The Bc Ammended. Porbably The Courts Will Require That A Paternity Test Be Taken To Verify He Is The Father. But I Do Know That If A Woman Is Married At The Time Of The Birth Of A Chid, That Man Is Automaticcally The Father And The Only Way To Change That Is Through The Courts.
            The Only Question I For Anyone Who May Know Is When I Go To Court For The Legitimation Hearing Are They Going To Require That My Ex-husband Be Notified Or That He Sign Somthing? It Woulkd Be Unable For Him To Do That Because He Is On The Run From The Police And Is A Fugitive In Another Coutry!

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            • #7
              Capitalizing every word of your post really isn't neccessary. In fact, it makes it very hard to read. It's acceptable when writing in the English language to only capitalize the first word of each sentence and any proper nouns contained therein (names and places are proper nouns, by the way). Thank you.

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              • #8
                Excuse Me

                Rain don't treat me like im stupid ok, you are not the only person who know's how to write, this is not a place to come and put people down and insult them. Take it somewhere else.

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                • #9
                  Originally posted by JESSICASMOM
                  Rain don't treat me like im stupid ok, you are not the only person who know's how to write, this is not a place to come and put people down and insult them. Take it somewhere else.
                  Rain was only trying to help you. She is very correct, capitalizing every word makes it VERY difficult to read and understand your post. Alot of posters (me included) do not have the time to re-read a post 3 or 4 times before being able to post a helpful answer, and it's easier just to pass it by.

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                  • #10
                    I didn't put you down or insult you. I simply stated a fact. Your post was almost impossible to read, and I know most posters will simply skip over anything typed in the manner that you typed your post. I figured you'd want some kind of help. I just thought I'd make it easier for you to receive it.

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                    • #11
                      I have almost the same situation right now, I was married to a person who abandoned me after we got married (we lived together about 2 months before he moved to another country), we didn't live together for 18 months and I started dating another man as far as it was obvious that my "Dear Husband" doesn't really care about making up with our family. After I got pregnant the second one wasn't ready to be a father (however he provided me with money and was really supportive to both me and a child) so after the son's birth I decided to leave father's space blanc. My son is 4 years old now and his biological father wants to be oficcialy mentioned as his father, but my son and I have my first husband's surname and in fact I am still married. My friend recommended me to use divorceonlineutah.com to get divorced and only then I should working with paternity issues. How did everything work for you?

                      Comment

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