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when filling out a birth certificate does mom have the right to list dad if they arent married?

I know a friend of mine who just had a baby and the father doesnt claim it. She listed him on the birth certificate but he wants his name off of it. He threatens to sue her and tells her its fruad. I thought that when you filled out the application that you have to list everything including dad. So I was just wondering who is right mom or dad?

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kina803

Asked by kina803 at 7:53 AM on Jan. 27, 2011 in General Parenting

Level 11 (503 Credits)
Answers (13)
  • He would have to get a paternity test done to have his name taken off, but if the baby is his, it's his, there's nothing he can do about it.
    gumby11883

    Answer by gumby11883 at 7:56 AM on Jan. 27, 2011

  • Well if she's positive he's the father, then she has every right to put it on there. If he reallywants to challenge it, he can take a paternity test. Otherwise, there's nothing he can do about it. He's probably worried that he'll be forced to pay child support later or something. What a loser. What kind of "dad" doesn't want the recognition of it?
    SweetLoveofMine

    Answer by SweetLoveofMine at 7:56 AM on Jan. 27, 2011

  • Like gumby said he would have to get a paternity test done and if he is the daddy he can't do anything and then she has the opportunity to then get child support. Best thing for him to do is leave it alone.

    luvmygrlz

    Answer by luvmygrlz at 8:04 AM on Jan. 27, 2011

  • @ SweetLoveofMine he is worried about childsupport and his wife finding out about the lil baby boy, but at the time his wife and him were seperated so I dont know why he's being a butt hole.
    kina803

    Comment by kina803 (original poster) at 8:07 AM on Jan. 27, 2011

  • Yep, he would have to get a paternity test to prove that he isn't the father. He cannot sue her for that.

    He is being a butt because he doesn't want to tell his wife that he screwed someone else and has a child from it. If he is proven to be the father, it will hit his checkbook and tha't probably most what he doesn't like...that he will have to pay for being an idiot.

    If I were her, I would order a paternity test and if it is his, definately get support. Screw him for being a jerk!
    Jademom07

    Answer by Jademom07 at 8:12 AM on Jan. 27, 2011

  • I hope for your friends sake, that he is the father. If he's not and it ruins his marriage he most definitely could sue her for deformation of character. The issue with birth certificates is that any ones name can be put on them, biological father or not. If he is beyond a doubt that babies dad, and she is fine with his name being on the birth certificate all the more power to her, but either way she should have had a paternity test done to prove it, whether he was separated from his wife or not, separation does not mean divorced. (IMHO) and whether he is married or not, he should still be responsible for some of that babies financial and emotional needs. Good Luck to your friend, it sounds like she's going to need it.
    kitchenwitch78

    Answer by kitchenwitch78 at 8:21 AM on Jan. 27, 2011

  • If he follows through suing her, they will make him get a paternity test. and end result, someone will look like an a** hole. Tell her to stick to her guns. But not to be a bitch, but lesson learned, not to mess with a married man. As a woman, she should have known better. Unless he of course lied the whole time they were seeing one another. I feel sorry for her.
    2BlondeBabies

    Answer by 2BlondeBabies at 8:39 AM on Jan. 27, 2011

  • how did she put him on with out him being there to sign for it. at my hospital the father had to be physically there to sign. my dd father name is not on the birth certificate. i would tell him to get a paternity test soon. because it can be fraud if she sign his name. its sounds kind of odd.
    lambdarose

    Answer by lambdarose at 8:50 AM on Jan. 27, 2011

  • I think it depends on the state. In my state, if your aren't married the father has to sign to be on the BC but I am not sure if that is for every state.
    JLS2388

    Answer by JLS2388 at 9:38 AM on Jan. 27, 2011

  • THey will have to fill out a paternity affidavit (sp?) and get it notarized if they aren't married in order for the father to be put on it. If he doesn't want to comply she can ask for a DNA test and then he will be put on it
    June_Mama09

    Answer by June_Mama09 at 9:52 AM on Jan. 27, 2011

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