can a wife do this?

Question

can a wife stop a paternity test before you sign the child's birth certificate? and can doctors inform the mother of the paternity test?

she said that i must sign the BC before i do the paternity test and so have the doctors. do they have that right?

Answer 1

In most states, if you are married, you are automatically the legal father of a child born into that marriage...but that doesn't mean you have to sign the birth certificate! so don't. get the paternity test first.

Answer 2

You absolutely do not have to sign the child's birth certificate & I suggest that U do not unless you are 100% sure the child is yours. Obviously U aren't positive that the baby belongs to U or U guys would not be having a paternity test done. U can go back and sign the BC after U find out or go through the route of legitimization. The reps at Child Support Enforcement can give you the info U need in legitimizing. However, I am almost positive that U can go back and sign the BC without going through the whole legitimizing red tape.It's harder to get your name off of the BC than it is to go back & sign it. DO NOT sign it until U are sure & U can't be forced to by the mother or the DOCS! If the child is yours then stand up and be the best possible father U can be. Having doubts about whether or not U are the Daddy is no reflection of your feelings about the baby so do not feel bad about wanting to know for sure before U sign on the dotted line. Your skepticism obviously has to do w/the mother. Do not allow her to make U feel bad about not signing until U get the proof. Best of luck to U!

Answer 3

If your name is added to the Birth Certificiate before you know it is your child, then you can still be held responsible for child support, even if a paternity test after the fact, shows you are not the father. You should NOT sign that birth cert until you know for a fact that it is or is not your child.

You really should seek legal advice, ASAP. Your attorney can help you initiate that paternity test before you sign. Don't sign, get the test first, or you could find yourself in financial ruin if it isn't your kid.

Financially, yes an attorney is expensive, but well worth it. Think of it this way, would your rather spend a few thousand now to prove you are not the father, or would you prefer to spend 50% or more of your monthly income for the next 18 years on a child that may not be yours? The attorney by far is your cheapest option.

Answer 4

Get the paternity test.. don't sign ANYTHING!!
if she is trying to con you into being the father you will doing child support the rest of your life even if the child is not yours. You don't even have to sign the birth certificate until later on just go down to city hall.. its not always done in the hospital. Well the mother should know who the father is that is for sure.. then she can hit him for the support.
Try marrying the gal you have sex with next time and avoid all this mess.

Answer 5

Yes the mother of the child has the right to do anything when it comes to HER child. The father does not HAVE to sign the birth certificate, that is up to the mother. And the doctors HAVE a legal obligation to inform the mother of ANY tests done on the baby. Stop trying to word the same question over and over to get the answer you want...the MOTHER ALWAYS take presidence over the life of a newborn. The MOTHER decides whether the father's name is to be on the birth certificate...she can even decide to have "unknown" placed there. I suggest you grow up and get over yourself you're not the big MAN you thought you were.

Answer 6

Until paternity is established, she can do what ever she wants. Do not sign anything! Once you do, you're basically saying " the child is mine". It sounds like some one is trying to pull a fast one. After the test results come back, and the child is yours, then sign. Also, if she stops the test, you can go to family court and have a court order for the test and she can't stop it.

Answer 7

Don't sign anything! Demand the results of a paternity test. Do not let her walk all over you! It sounds very, very suspicious as if she knows that you are not the father and is trapping you into being the father for child support purposes.

Answer 8

You do not have to sign the BC if you have doubts the kid is yours even if the kid turns out not to be yours by signing the BC you are legally responsible for any and all child support until you prove the child is or isn't yours. She can say you are the father on the BC but by signing it you agree that the kid is yours. DO NOT SIGN IT UNTIL THE TEST IS FINISHED.

Answer 9

Doesn't sound quite correct to me. Don't sign the BC. If you do, then you are completely screwed. DON'T SIGN!!!!! Get the paternity test first.

Answer 10

Paternity is the legal and social acknowledgement of the parental relationship between a child and his father.

At common law, a child born during a marriage was presumed to be the husband's child. This presumption could be rebutted by evidence to the contrary.

Establishing Paternity
Where paternity of a child is in issue, any party in interest, the mother, the father, or the child, can ask the court for a determination. That means litigation can be brought by a private party or by the state. A private action for paternity is usually brought by the mother in order to get support. The state will bring an action through a prosecutor's office when the mother applies for public assistance in order for the state to be reimbursed for the aid given.

A person identified as the child's father in paternity suits is called the "putative father."

When the suit names the putative father as a defendant in a paternity case, he has a choice of either consenting to the entry of a paternity judgment or contesting the action.

Acknowledging Paternity by Consent
If the putative father consents, he would sign an Affidavit Acknowledging Paternity, which would establish the legal relationship between the father and the child. When the putative father consents to a paternity order, he consents for life. Most courts will not allow him to escape the consequences of the order, which includes child support, even if it is later proved that he is not the child's biological father. If you consent to being named as the child's father, be sure that you are willing to live up to that responsibility no matter what you may learn later. That is why it is imperative that you seek the advice of an attorney in your area before consenting.

DNA Testing
If the putative father denies that he is the father or is not sure, DNA tests based on a cheek swab conducted on him, the mother, and the child can indicate a probability of paternity. The tests can exclude a man who is not the biological father and show the likelihood of paternity if he is not excluded.

DNA testing has become the most powerful test for determining paternity and is admissible in paternity trials. The percentage of probability varies from state to state, but it is usually from 95 to 99 percent. That means that if the test determines that the probability is that percentage or higher, paternity is presumed. The burden is on the putative father to rebut the presumption, a very difficult task.

Uniform Parentage Act
Although all states have some sort of uniform parentage act, only Delaware, Texas, Washington, North Dakota, Utah, Oklahoma, and Wyoming have enacted a version of the most recent law, the Uniform Parentage Act of 2002. This Act provides a scheme for voluntary acknowledgement and standards for genetic testing.

Refusing the DNA Test
Most states have laws that give courts the power to order the putative father to submit to DNA testing. You can be found in civil contempt for refusal to obey a court order. This can mean a fine and/or jail time.

Paternity can be established by default when the putative father fails to attend a court hearing or go for testing and was properly served with notice. Paternity can also be established in some states by publication of the putative father's name in the newspaper. Check with an attorney in your state about what happens if you refuse to take the test.

The Benefits of Establishing Paternity
In addition to child support, paternity establishes emotional, social, and economic ties between the father and the child. Once paternity is legally established, the child gains certain legal rights and privileges.

Special reasons for establishing paternity:

Benefits - The child may be eligible to an inheritance, medical and life insurance benefits, and rights to social security and veteran's benefits.
Medical history - It is crucial to the child's health for the doctor to have knowledge of the father's medical history. Knowing the family's full history of diseases, illnesses, and birth defects can help the doctor if the child becomes sick.
Identity - It is important for the child to know who his or her father is. This will help make the child more secure.
Father figure - Studies have shown that fathers play an important role in the lives of their children. Children who have a father figure in their lives are more likely to stay in school and avoid drugs and crime. They are also more likely to grow up to be responsible adults.
Death of the Father Before Paternity is Established
Genetic testing can still be done if some genetic material of the father, such as blood or tissue sample, is available. It might also be possible to do genetic testing on the paternal grandparents.

Paternity Fraud
Paternity fraud occurs when a man is falsely identified as the only possible biological father of a child because the mother withholds information that there may be more than one putative father. That is why it is very important that if you are served with paternity papers that you insist on DNA testing. Through DNA, a large number of men have discovered that the child was not biologically theirs. Estimates reveal that almost 33 percent of men who have taken DNA tests are found not to be the biological father of the child. Statute of Limitations

Some jurisdictions have placed a statute of limitations on bringing an action for paternity. Therefore in order to protect your rights as a father, mother, or those of your child, it is important that you check with an attorney in your state regarding paternity laws.