Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)

In what state does it say in the law that not being on the birth certificate gives the father no rights?

just curious


Asked by lambdarose at 11:19 AM on Jan. 12, 2011 in General Parenting

Level 22 (14,088 Credits)
This question is closed.
Answers (17)
  • I believe every state, however with a simple paternity test, he would then have rights. If a mother keeps the father of her child off of the BC, it just gives him an extra step to do to get visitation.

    Answer by JLS2388 at 11:21 AM on Jan. 12, 2011

  • idk, but i would think if the woman doesn't know who the father is, and there is none listed, then unless a man would step forward and demand a paternity test, than there are no rights? never been in situation, idk, but guessing

    Answer by boobarandbell at 11:22 AM on Jan. 12, 2011

  • None that I know of. DNA proves paternity and gives rights, not a birth certificate.

    Answer by tyfry7496 at 11:22 AM on Jan. 12, 2011

  • See that's a huge misconception. That man who isn't on the BC can step up at anytime and take mom to court to establish paternity. If the child is adopted without his knowledge or consent there could be an issue too. The reason we don't hear about it so much, is because a lot of the men either didn't know about the child to begin with, or they just don't want to be responsible for child support if the mom isn't going to make them.

    Answer by Musicmom80 at 11:24 AM on Jan. 12, 2011

  • tnm786 unless there is a protective custody order, if a man is paying child support, he has visitation rights as well. Whether he chooses to use them or not, well....that's up to him. If a man really cares, he could go to court to enforce it, but most deadbeats seem to just stick to paying their child support and staying away. lol

    Answer by Musicmom80 at 11:29 AM on Jan. 12, 2011

  • not my state. as i just stated in that other post about adopting, the bio-father is not on the certificate but he still has rights because child support enforcement confirmed his paternity thru DNA. there's no abandonment laws in florida either, so he can stay away as long as he'd like (and he is sure good about exercising that right) and his rights won't be relinquished. the only way my husband will ever be able to adopt is if he signs over, regardless of the fact the bio-dad is not on the certificate.

    Answer by tnm786 at 11:22 AM on Jan. 12, 2011

  • It doesnt. All children have the right to two parents. If you choose not to put someone on the birth certificate it is fine and dandy but usually when looking for an adoption the judge will ask you to make a good faith effort in contacting the potential fathers and telling them they are the father and uses DNA testing to do so. Judges really arent into games, and unless the person was in an abusive relationship with good cause not to put the father on the birth certificate they will want to insure the child has the advantage of BOTH parents. What if mom dies? What if mom was just mad at dad and is using the child? There are alot of what ifs the law considers.

    Answer by gemgem at 11:23 AM on Jan. 12, 2011

  • but i should add, his only right is to pay child support. he doesn't have custody or visitation rights. i call the shots on that one, he just chooses not to ever visit. he would have to take me to court to get custody or set visitation. the birth certificate does not validate that for him being on it or not. here in florida it's just a line to be filled and means nothing.

    Answer by tnm786 at 11:25 AM on Jan. 12, 2011

  • Oh yeah, when I was younger, they cut me off of Medical Assistance for my son because I couldn't locate his father to establish paternity at the time. They wanted him to be responsible.

    Answer by Musicmom80 at 11:26 AM on Jan. 12, 2011

  • i know its a BIG misconception and they still have rights. i know that in my state he still have rights and he is not on the birth certificate.

    Comment by lambdarose (original poster) at 11:31 AM on Jan. 12, 2011

Next question in General Parenting
Real mom or step mom?

Next question overall (Pets)
Good deed for the day?