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Birth Cert

If your husband signed the Birth C and the both of you new he wasnt the father does that mean he has rights as a dad since we are married. The guy that I had an affair isnt around. Could the bio dad try to get rights even though hes not on the cert

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Anonymous

Asked by Anonymous at 12:48 PM on Jan. 13, 2009 in Relationships

Answers (11)
  • I believe that since he signed the BC, he is claiming paternity, and the bio dad would have to take it to court and get blood tests done (at his expense) to do anything about it.
    CarolynBarnett

    Answer by CarolynBarnett at 12:49 PM on Jan. 13, 2009

  • I wondered about this too a social worker told me that my husband was legally going to be listed and responsible for my child and unless he sues u for child support he'll have no rights until paternity and custody is established if it gets that way if he isnt around i wouldnt worry too much and Ive also heard if u post an ad in a few newspapers and cannot contact him his rights get forfieted hope any of this helps
    rhonda111787

    Answer by rhonda111787 at 12:51 PM on Jan. 13, 2009

  • My x tried to say my dd wasn't his in court. The P. Atty said too bad, your name is on the BC and you are married to her so the kid is your's legally. LOL, I thought the look on x's face was priceless. She IS his but he just didn't want to pay child support.
    admckenzie

    Answer by admckenzie at 12:56 PM on Jan. 13, 2009

  • so the he can go to court and get a test done and i would be forced to get it? he wouldnt be a good dad and my dh is a great dad
    Anonymous

    Answer by Anonymous at 12:57 PM on Jan. 13, 2009

  • It doesnt matter what kind of dad you think he would be. He has legal rights unless he signs those rights away. He can come back & request a DNA test & get his name of that certificate if he so desires to. As for having your husbands name on it instead, say the bio dad never comes back & is never a problem...if you were ever to divorce, your husband could come back on you & say he isnt the "real" dad, get a DNA & get out of child support by getting his name off the certificate.
    Anonymous

    Answer by Anonymous at 1:08 PM on Jan. 13, 2009

  • my ex boyfriend did this with his girlfriends baby. he is legally the father, since his name is on the birth cert. if the bio father wants any rights he would most likely have to take you to court and have a dna test done, to prove that he is the father. but in some states, if he does not have contact with you in over 2 yrs, it is considered abandonment and he loses all his rights as a parent (every state has these, just depends on the amount of time given) but i know that my dh's mom talked her ex into giving up rights to my dh when she remarried. the only thing they needed was his permission to change the name of the father on dh's birth cert (so essentially, dh's dad "adopted" him)
    Anonymous

    Answer by Anonymous at 1:17 PM on Jan. 13, 2009

  • he didt want to be a part from the start. I thought if your married its very hard for the bio dad to get any rights. he hasnt came around since I was pregnant.
    Anonymous

    Answer by Anonymous at 1:25 PM on Jan. 13, 2009

  • nope bio dad has right until he forfeits them. until then i wouldn't worry sounds like he won't ever be around anyway. you dh now is responsible for your baby.
    melody77

    Answer by melody77 at 1:29 PM on Jan. 13, 2009

  • My dad fathered a child during an affair. The husband claimed my little brother but my dad was able to go to court and his name is on the birth certificate. The husband would not let my dad see the child and finally a court order was put in place and my dad was able to see him. My dad was wrong in having an affair with this woman. The child deserved to know both parents and all his siblings. 

    Anonymous

    Answer by Anonymous at 2:03 PM on Jan. 13, 2009

  • so the he can go to court and get a test done and i would be forced to get it? he wouldnt be a good dad and my dh is a great dad

    Yes he can. One of the things you should of thought of before having sex with him I guess.
    Anonymous

    Answer by Anonymous at 2:04 PM on Jan. 13, 2009

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