If a man signs the birth certificate and then finds out the baby is not his by means of a DNA test can he have his named removed?
2006-12-23 13:09:48 · 14 answers · asked by Who is it? 2 in Pregnancy & Parenting ➔ Newborn & Baby
I have been in this situation before, although I am not proud of it. Yes, he can get his named removed from the birth certificate, and be reimbursed for the child support he has already paid. However, the paper work that is needed to do this has to be filed by a lawyer. You could do it yourself, but it would take a lot of studding the judicial system. The estimates I got for the cost of a lawyer were anywhere from 900 to 2000 dollars. But, if the male has been paying child support, he can also sue for the child support he has paid on a child he was mislead to believe was his own. The test that you have also needs to be admissable in court. Most these days are. The way to tell is if a doctor took the dna specimen or if he just sent it in. If it isn't admissable in court it won't cost too much more to have the lawyer file for a court ordered paternity test. Good luck to you!
2006-12-23 13:26:42 · answer #1 · answered by Autumn 3 · 1⤊ 0⤋
If they do a dna test after the baby is born then by all means he should be able to get his name off of the birth certificate.. you would have to go through a court to do this.. but yes.. you are able to get your name off of the document. And just b/c he signs it and then finds out later that the baby is not his.. no he does not have to pay child support... in actuality he can get all the money back from paying child support ... if he was not around for the baby or not in the babys life... so the person who says he has to pay is wrong... a dna test proves he is not the father so he is not responsible for paying child support for a child that is not his... birth certificate or no... blood proves all
2006-12-23 13:25:26 · answer #2 · answered by sleepyincarolina 4 · 0⤊ 0⤋
Before I became a nurse, I was a birth clerk at a hospital in Southern CA, and I can tell you he MUST go to court immediately and have a DNA test done to eliminate him as the father. Until that time, he is LEGALLY obligated to pay child support. Since the paternity declaration is voluntary on both the mother and the fathers side, there is no DNA test required before it is signed. Good luck..
2006-12-23 14:59:24 · answer #3 · answered by jenn_j04 2 · 0⤊ 0⤋
Before he can have his name removed he has to prove that its not his and that he didnt know it wasnt his when he signed it. If he signed it willingly then he took financial and physical responsibility for the child and thats not something that can be handed back because he changed his mind. Generaly once a birth certificate has been signed and issued the only way it can be changed is by deed poll or someone else adopting the child.
2006-12-23 15:02:21 · answer #4 · answered by Big red 5 · 0⤊ 1⤋
you want to search for suggestion from a criminal specialist. The regulations are complicated, and variety from position to position. First, noone "indications" the start certificate. You fill out a form and a start certificate is issued- noone indications the start certificate. It has a state seal on it, that's the nearest to any signature. 2d, the form asks for teh organic and organic father and mom. Even females with male companions can not legally placed their modern-day significant different on the form, if he's not the organic and organic confirm, with out committing fraud. 0.33, no confirm can basically signal a paper giving up parental rights. A organic and organic confirm has parental rights until eventually they are terminated through the courtroom. i believe that what you want to do is bypass to bypass a criminal specialist to be particular that the contributing father's rights are legally terminated (though his information might want to nonetheless be on the start certificate), then your significant different can undertake the baby. even if in a hetero or homo-sexual relationship, if one confirm is organic and organic and the rights of the different organic and organic confirm has been legally severed, teh adoption procedure can really be carried out as a step confirm/relatives adoption in case you and your significant different have a wedding ceremony/registered partnership.
2016-10-16 21:23:05 · answer #5 · answered by ? 4 · 0⤊ 0⤋
most states allow an inaccurate birth certificate to be amended.
if DNA testing proves he is not the daddy he can go to court and have all obligations dropped unless he wishes to remain as daddy
2006-12-23 13:15:30 · answer #6 · answered by Anonymous · 1⤊ 0⤋
i believe that there is a 90 day grace period where he can contest the paternity.
on the other hand, if he's not the father, then he don't have to have his name on the birth certificate. there is a waiting period to ammend the birth certificate, but it can be changed.
2006-12-23 13:28:40 · answer #7 · answered by alfjr24 6 · 0⤊ 0⤋
He will have to get a lawyer and prove he is not the father and that he did not know he wasn't the father. If he signed it knowing that someone else was the father then he assumed legal liability for the child, just as if he had adopted him.
2006-12-23 13:15:10 · answer #8 · answered by onlybitealittle 2 · 1⤊ 0⤋
I think if he can prove he's not the father then he is absolved of parental responsibility, even if they will not print another birth certificate without his name on it.
2006-12-23 13:18:28 · answer #9 · answered by redzodd 3 · 0⤊ 0⤋
I would have to think he could. After all what legal claim does he have on the child?
It is too bad the mother could not have been better informed on who the father was.
You need to talk to an attorney. That will be your best bet.
2006-12-23 13:14:05 · answer #10 · answered by Anonymous · 0⤊ 0⤋