A woman is claiming she has had a child with my husband, and I want to know if she is able to list him on the birth certificate without proving he is the father. (He has admitted his affair, this was 9 months ago in fact, and I am just trying to find out if she can list him as the father without proof). Thank you for your answer, please tell me how you know the answer (if you have experience or whatnot). Thank you!
2007-08-22 13:48:57 · 10 answers · asked by Jody 2 in Politics & Government ➔ Law & Ethics
If you live in the US…
No, an unmarried woman cannot list a man’s name on the birth certificate as the father in any state unless he agrees to allow it--both he and her would have to sign an affidavit of paternity/an acknowledgment of paternity/whatever it’s called in your state.
However, once the baby is born she can petition the court to establish paternity. The court will order a dna test and if it proves he’s the father, the court can (and normally does) order that the birth certificate be amended to add his name.
And I can’t provide proof for your individual state (although this holds true in every state) because you didn’t say what state you live in. You need to look in your state statutes. Check under the section that deals with 'public health' or 'vital statics'.
If you live somewhere other than the US, then the laws may be different.
2007-08-22 16:29:19 · answer #1 · answered by kp 7 · 2⤊ 2⤋
uncertain what state you reside in, yet this grew to become into the situation with my youthful brother. The paternity try grew to become into no longer court ordered, however the potential father needed one, just to substantiate. His call is likewise no longer on the start certificates. In Maryland, you're able to desire to fill out a sworn fact of paternity whilst the mothers and fathers are not married, in any different case the daddy's call isn't on the start certificates, and it would be signed by skill of the two mothers and fathers and notarized. even though, as quickly as you get the paternity try (in case you so choose for to) the daddy's call can bypass on the start certificates, yet does not could desire to in case you opt to no longer.
2016-10-09 01:48:30 · answer #2 · answered by Anonymous · 0⤊ 0⤋
As far as I know, you do not have to prove paternity just to list a father on a birth certificate, I know of people putting the name down themselves without the man being present. If there is a place for a signature though, that would be blank if she didn't have him there.
2007-08-22 14:15:18 · answer #3 · answered by A W 4 · 1⤊ 2⤋
You can name anyone as the father of the child, but if the father doesn't sign the birth certificate, it won't hold up in a court of law! You will have to prove by DNA that this is the true father if you want support ordered through the courts.
2007-08-22 13:58:48 · answer #4 · answered by geegee 6 · 0⤊ 3⤋
I know that she wouldn't be able to do that here unless he signed an Acknowledgement of Paternity. If he is unwilling to do that, she may bring a Paternity Action via the court system to determine paternity and subsequently child support if she is seeking that as well.
2007-08-22 13:56:04 · answer #5 · answered by queendi_917 4 · 2⤊ 0⤋
In most states, if the mother is unmarried she may list anyone on the birth certificate she wants, but if she intends on collecting child support, and she is unmarried, the named father can contest it and submit to a pertinity test to determine parentage. If the woman is married, her spouse is the presumed father and has legal responsbility to support the child unless he files for divorce and also contests paternity as part of the divorce proceeding.
2007-08-22 13:58:58 · answer #6 · answered by Anonymous · 2⤊ 2⤋
Jody, this varies by state, but in MOST of them an unmarried woman can write down whomever she likes as the father of the child on the initial paperwork for the birth certificate.
2007-08-22 14:06:01 · answer #7 · answered by Anonymous · 0⤊ 3⤋
She can or she can leave it blank.
When it's time to collect child support he will have to pay until he proves it's not his.his best bet is to start challenging it as soon as possible.
With the name on there it will be forever linked to him until removed by the courts ,and even then there is some residual connections.
2007-08-22 14:00:34 · answer #8 · answered by Robert F 7 · 0⤊ 3⤋
yes she can list whom she believes the father to be, but to enforce child support will take a paternity test. Your husband can also contest the naming of him as the father, but it would require a paternity test to prove he was not the father to have his name removed.
2007-08-22 13:54:24 · answer #9 · answered by danielss429 4 · 0⤊ 4⤋
I'm sorry to say I think she can put his name down.
2007-08-22 13:56:41 · answer #10 · answered by raven 4 · 0⤊ 4⤋