legal rights for birthcertificates my daughter wants her new boyfriend on the birthcertificate?
because the real father is in jail and is trouble i think that my daughter will marry this man and we dont want any trouble from the real father nor do we want anything from himbut i want to do things legal does anyone know what her options are? its nothing against fathers this one is just bad news, i know when he gets out we are going to have problems. i have been told olny the real father can be on the certificate but does that change if they are married before the baby is born? then someone told me it could be fraud because he knows he is not the father. i am not sure what is right and wrong anymore please help
allrightythen2007-08-04T19:32:54Z
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The biological father's name needs to be on the birth certificate. She CAN NOT, knowingly place another man's name on a legal document.
No, if they get married, the new husband's name can not be placed on the document because the child was not conceived during the marriage.
She can just not list a father - but even though the biological father is in jail, he still has rights, and when he is out, he can file for a paternity test and custody.
The biological father is the person that needs to be on the birth certificate. If your daughter marries and the biological father is willing to give up his rights, your daughters husband can adopt the child legally. His name will then be put on the birth certificate. Until then the biological father will be held accountable financially for the baby. Just think this through. If they don't do this legally and put the guy your daughter marries down as the biological father, the real father gets out of prison and wants a blood or paternity test done and the test proves he is the biological father, the certificate will have to be changed
In many states, the woman can name whomever she wants on the birth certificate. If it's not contested within some period of time, the named guy will be considered the father legally.
Caution: This can backfire. I know of cases where a guy got hit with a child support claim for a 12-y/o that wasn't his, but the mother had put him on the birth cert. 12 years ago, and he was forced to pay even tho DNA showed he wasn't the father. He never knew she had named him, so he never contested it within the 60 days or whatever that state required.
As far as fraud goes, they usually look after the best interests of the child. Even if you're not the father, and she says you are, if you have money, the court may decide it's in the best interest of the child for you to fork over. Hardly fair, but nobody's gotten a good enough lawyer to beat it that I know of.
Don't take my word for it, check your state statutes and a family-matters attorney.
Most states now make the father sign the birth certificate so if your daughters boyfriend is willing to take on that responsibility more power to him. If he is going to be the one raising this baby it would be easier for them to list him as the father.If at the time of birth they are married then his name goes on automatically. The mother if unmarried at the time of birth is the only one who can say who the father is and if she says it's the boyfriend and he agrees than anyone else who lays claim will have an uphill battle. My daughter had a daughter with a loser and thank god she listened to me and didn't list a father because now this guy has no rights to my granddaughter (like he would want to, such a loser) and if she decides to marry her boyfriend who's very good to the child all she has to do is contact vital records and say at the time of the baby's birth they weren't getting along but now they are getting married and would like to add his name to the birth certificate.No adopotion nothing he's added to the birth certificate and he's the legal father. And I know this happens my sister did this 27 years ago and her husband has always been the legal father just by adding his name to her birth certificate even though he wasn't the bio father. So if it was my daughter and she was actually going to marry this guy I would list his name as the father at the time of birth once he's listed it's going to take alot of time and money to challenge it and does the bio father have the means to do this? Does he want child support payments for 18 years? If he's as big of a loser as you say he is believe me this isn't his cup of tea. good luck
If you are married then the husband is automatically placed on the birth certificate as the father. the guy in jail would then have to petition for proof of paternity. then and only then would it be an issue. they might ask your daughter if she wants to list a father, but in a marriage the father is presumed to be the husband...... This is the case in TN any way. My husband was named the father of his Ex wife's child because they were still married at the time of the birth..... and he wasnt even there to say he was or wasnt the father. he was three states away. She knew he was not the father but the hospital said he was according to the law. again this was in TN.