Can a birth mother put another mothers name on the birth certificate?
My friend is going to have a child for me and I was wondering if she could just put me on the birth certificate when the baby is born as the mother? This is the first time we are attempting something like this and I don't know how it is going to go down or what we have to do. Some one please help...
Is it a crime to put a man's name on a birth certificate when he is not the child's father, and he did not consent for his name to be put on the birth certificate?
Yes, but highly unlikely to be prosecuted unless she's silly enough to tell people she committed fraud.Back in the 80s the country I was living in was putting pressure on unwed mothers to name a father so that they could claim child support from them instead of relying on the state. The mother would sometimes name the richest guy in the village as the father so she'd get a better amount of child support.It would then be up to the guy to spend $1000 on a paternity test to prove that he wasn't the father. In the meantime, he'd still be paying child support, and child support isn't refundable under any circumstances (until that point, he is legally the father, with all that entails.)This is one of the legal loopholes where you can be made out of pocket by a significant amount for no fault of your own and no recourse to get it back.
Should there be mandatory paternity tests at birth to prevent men from denying paternity and to prevent women from intentionally naming the wrong men as the fathers of their children/lying about the paternities of their children?
When I was in high-school, I was dating a man who cheated on me. The woman he cheated on me with got pregnant. We all knew it wasn't his baby because the timeline didn't add up. He's confessed what he did and begged me to give him another chance, but a few weeks later she crawled to him crying about how she was pregnant with his child.He didn't know what to do. He wanted to do right by his child, but didn't want to hurt me. I didn't want to be the person who kept a father from having a family with his children so I backed off, but I had a long conversation with him about how this just didn't add up.We stayed friend—not friends who hang out and talk everyday but we were friends on Facebook—and through the years I watched this proud father live his entire life for his daughter. Thousands of pictures were displayed proudly on Facebook, and he was beaming in every single one.She cheated on him throughout the entire relationship but he dealt with it because he didn't want to tear his family apart and hurt his daughter.Guess what …She ended up reconnecting with the actual father of the baby. She and the real father got a test done behind his back and when they got the results they tore his daughter away from him and he never saw her again.Can you fucking imagine?All of that could have been prevented by a DNA test being done the moment the baby was born, and then both parties could have decided what to do. Even though he had raised this little girl as his own, he had zero rights to her after the mother left him because he was not biologically her father. Had he known this, he could have insisted on adopting her early on and prevented that from ever happening.There are situations when this could be necessary. He had no reason to believe that kid was not his. He believed whole-heartedly that she was so he never thought about getting a test.I think woman who have nothing to hide wouldn't mind doing this anyway, and those who do should have to face the music of their choices. Fathers should have the right to arm themselves with information so situations like the one above stop happening, because they happen a lot. Women have the security of knowing for sure without a doubt that child is ours but men don't. This would give them that security that we already have.I honestly cannot think of an argument against it besides it being cost effective …
How to keep the father off birth certificate?
I did it. When the registrar was asking me the parental information, she asked me the father's name and I said, "I'd like to keep that ommitted." She said okay. No harm, no foul. You are not obligated to list the parental information. She could legitimately not know who the father is. They can't fault her for that. With that said, if she wants to get child support from him, they will make him take a paternity test. THEN, he can fight to have the name on the BC, and then a custody battle could ensue if he is a big a jerk as you're saying. If she isn't worried about financial support in helping to raise her child, then there is no worries on this. The best thing to do, for Mom and Baby, is to keep a restraining order in play and/or a PFA (Protection From Abuse Order) and she needs to document any and all contact from him. If he knows that she's pregnant, she needs to do this for their safety. Men that crazy are even crazier when there's a child involved. I'm not trying to scare either of you. I just know first-hand what can happen. My daughter's father isn't on the BC. He wasn't abusive, but he has a serious drinking problem. She has my maiden name. He pays child support (sometimes) but has no custody of her at all. It's because I documented and had evidence when we went to court for that part. I have also worked at a battered-womens shelter, and have helped shelter participants in obtaining these orders. Good luck to you and your friend. I hope this info is useful.
Can I refuse to pay child support until a DNA paternity test has been taken to prove whether or not I am the father?
In California, if your wife or ex or baby mama, whatever you want to call her, has opened a child support case at her local child support agency or thru a lawyer, before there is a child support order you have to get served with a summons and complaint, paternity judgment. If you were married the child is yours by default, if you signed a Paternity Opportunity Paper when the child was born in the hospital and did not contest it after 6 months of the childs birth, the child is yours by your own admision, and if you never filed an answer after receiving the S&C/PJ disputing paternity and requesting a dna test-the child is yours by default and a court order is filed because the court never heard from you. In order to go back you have to file a Motion to set Aside for an OSC so they can put a hold on the child support until you get ur dna test and that is if the judge thinks ur motive is valid for not answering the first time.
Can i sue my ex for faking my signature on childs birth certificate?
Probably not. Whether or not you were at the birth (not required, btw), the key question is ARE YOU the father of the child? If you are not, a dna paternity test will clear you and you can get your name off the birth certificate. IF you are the father, your name will be staying on the birth certificate and you will have to pay child support for the next 18 years. Even if you manage to have your name removed, IF you are the bio-dad, you still have to pay child support. As for your name being on the birth certificate, she may or may not have faked your signature....your problem is you have to prove it. And if the child is your's AND the signature is even remotely close to your signature, there is nothing you can do. Also, she may just have filled in the form and someone else in the hospital signed it....that is always possible. Remember, you first have to prove that your signature is forged AND THEN you have to prove WHO forged it....and that last bit is very, very difficult. At most, you can file a police report and they may investigate but they probably won't, if the child is your's. IF she is convicted (the chance of that is very small), then you could sue her in civil court. If you try to sue her without a criminal conviction, you will be laughed out of court. Lastly, if the child is your's, it won't matter much what the mother thinks about you being in the child's life. Hire a lawyer and go to court for the dna paternity test. Then once you are the legal daddy, you can go to court for visitation and set up child support. If the mother does not present the child for visitation as per the court document, your lawyer can go back to court to have her held in contempt of court....and she is going to have a hard time preventing visitation since somehow your name appears on the birth certificate so she can't say later that you are unfit.... If she never presents the child for visitation, you could seek custody. Good luck and God bless.
Does my husband have to sign the birth certificate?
NOONE signs the birth certificate. YOU will fill out the form for the birth certificate. Since you are married, he is the presumed father (and this is the case even when you KNOW the child is not the husband's). He will automatically be listed as the father. I would absolutely NOT do a prenatal paternity test in the form of AFP or CVS and most doctors will not do it for paternity testing alone anyway, because of the risks involved. However, there ARE noninvasive prenatal paternity tests- check out DNAPlus.com I thin it is- it just requires a blood draw from you and a buccal swab (cheek) from him. DNA Plus will do another, traditional, test after the baby is born at no additional cost to verify the results from the prenatal test- but they guarantee its accuracy. 1. He does not sign the birth certificate. Neither do you. You will fill out the form with the baby's name, your info and since you are married your husband's info (if he was not the father, he would have to go to court to have his name not included but because you are married, he is the presumed father until another father is identified and in some states, even after another father is identified). 2. No father signs the birth certificate at birth or later. In the case of unmarried parents, the father would sign an affidavit of paternity but NOONE signs the birth certificate. 3. He will be listed as the father since you are married to him. That will only change if it comes to light that he is not the father and goes to court to have his name removed. 4. Yes, if it was found that he was not the father his name would be removed and an amended birth certificate would be issued with the father's name on it. But, one last time, NOONE signs the birth certificate! EDITED TO ADD: The birth certificate is something that is issued by the state. You fill out your portion of the form and the hospital fills out their portion of the form and submits it to the state agency, and the state then creates the birth certificate. NOONE signs it. There is an electronic signature on it if the person in authority in that agency at the time the birth certificate is printed, but other than that NO signatures- not mother's, not father's, not doctor's.
Can my girlfriend really not put me ont he birth certificate of our child?
Hey guys. I'm having a lot of problems recently with my girlfriend and its emotionally breaking me down. You see, We're having a child together. I'm only 20 and she's only 19 so we're still young. Shes due November 28th so it's coming up here really soon. truthfully, i can't wait to be a father. She cant wait to be a mother either. Her parents hate me though. Every time she goes to see her parents, they convince her to try and take something else away from me. The first thing they convinced her to do was to get her own place without me. I didn't like that because then i can't see my kid every day :(. That hurts. The next thing they talked to her about was the last name. for the entire pregnancy we'd talked about giving her my last name and then out of no where she says she doesnt want it to be mine but hers because she doesnt want to explain to her daughter that her father was a failure and that we didnt work out if it came to that. That hurt too. Then she said that she doesnt know if she wants to leave the child with me half the time either if we're not living together because she doesnt want to trust her kid to anyone else. I tried to explain to her that I'm the father and I dont wanna trust her with anyone else either. i tried to tell her that i wanna be a father just as much as she wants to be a mother and that i just wanna see my kid as much as she does too. But not she's saying that she doesn't know if she wants to put my name on the birth certificate. Can she really do that. I feel like she's trying to use this kid against me to get her way. Cause she keep telling me what she wants and when i say what i want she just says i don't know. I quit smoking cigarettes for her and the kid. i quit smoking weed. I got a job so I could start paying off all my fines. I've done so much. I changed my life entirely for her so i could make her happy and so i could be a part of my kids life. What can i do? I dont know what to do and i'm on the verge of a breakdown because i feel like everything being taken away from me after i worked so hard to be a part of it. After i worked so hard to be a father that my child could be proud of one day. I'm currently workign at Burger king which i hate soooooo much but I cant quit because i know i gotta do it for my kid. I need some advise. I need to know what I have rights to and what I can do for my kid so that she can have her father too. Not just a mother who was too selfish to let me be there.