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Can a husband get paternity when the biological father gives up rights when child is under 1 year old by just getting a new birth certificate?
Wiki User
∙ 12y ago
This is really confusing, can you reword it.
If the biological father is giving up his rights, he's the only one who will be positive as a father for the said child in a paternity test.
A new birth certificate, isn't the real birth certificate. Even if its a legal one, the child deserves to know who his / her biological parent is, even if he's chosen not to be in the child's life.
In a step parent adoption, an amended birth certificate is issued. In all adoptions the original birth certificate is sealed and an amended birth certificate is issued with the new legal parents names.
Wiki User
∙ 12y ago
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What about adultry an a child is born cause of it?
What exactly are you asking? If the mother is married the husband is automatically the father legally unless the biological father sign the birth certificate or prove paternity in court.
Can the biological father get any custody rights if he did not sign the birth certificate and the mother of the child was married but is divorced now and her ex husband signed the birth certificate?
Yes, but he will have to file a petition for visitation. He may also have to go through paternity testing to verify.
My husband is not my daughters biological father yet his name is on her birth cert and we are now getting divorced What rights does he have to my daughter?
He would have all of the rights that a biological father has. If he was not the biological father, then his name should not have been put on the birth certificate in the first place, unless he adopted her and the birth certificate was changed.
How can i change child's last name If ex-husband is not the father?
This is what's called Paternity Fraud, since you didn't do it at the beginning. I assume he challenged paternity? You will need a court order for the change.
How can your son insure his name on the birth certificate if the mother is married to another man?
The parent(s) can put anyone's name on the birth certificate. This statement is not true in the state of Kansas. My son had a child with a married woman who was separated from her husband. In the state of Kansas the husband is always considered the father of the child. In order to get the true parent's name on the birth certificate a divorce has to take place and then the real parent has to go to court to ask for his name to be put on the birth certificate. A divorce is not needed but the biological father has to provide proof via a DNA test and show the court and then his name can be put on the birth certificate.
If fathers name is not on birth certificate can child take name of new husband?
Though not strictly illegal at this point of time, it is Paternity Fraud and the laws will be changed.
Get married while wife pregnant with someone else kid is husband legally the father?
If she can prove paternity, there might be some child support due. But, the husband would be the legal parent, if his name is on the birth certificate.
Can a non-biological father refuse to allow a paternity test happen in the state of Louisiana?
The assumption here is that a husband, in the process of a divorce, has filed for custody and the mother is countering it by claiming that he is not the father. She can do this.
If you are getting divorced and you have a child with your boyfriend do you need a paternity test done?
Whose name is listed on the birth certificate? If it is your boyfriend, when you file for divorce, notify your attorney that the child is not your husband's and that your ex will have no legal obligation towards your child. If your boyfriend is not listed as the father, you need, for legal reasons, to have a paternity test done and have your boyfriend legally recognized as the father of your child. Depending on your state laws, if the divorce is not final the husband is automatically put on the birth certificate. So, then yes, a paternity test has to be done to prove to the court it is not the husbands and the boyfriends which will be proven by the test. Also, depending on your state laws then the state will make the boyfriend pay child support regardless if you are living together or not.
If you are married and your husband is fixed and you get pregnant from a man who does not know you are married whos responsible for the baby?
ULtimately, YOU are, although the "biological" father is also responsible if you can confirm paternity and wish to pursue in a court of law.
Can the father sign birth certificate if woman is married?
If you're in the US, no, she cannot just list him on the birth certificate without him being involved in the process (he normally has to sign a separate form acknowledging paternity) Only the father can sign his name to the birth certificate, but he is able to do so regardless of whether they are married unless the mother is married to someone else. In that case the husband of the mother would have to be ruled out as the child's father before the biological father can sign.
If you are married and have a baby with someone else who is legally the paternity father?
Well, you need to get the issue sorted out before very much time goes by. Dr. Phil had a show in November regarding this issue. Your husband needs to know that another man is the father. This is one of those unpleasant consequences of behavior. If the husband doesn't want to adopt the child, the biological father will owe you child support. You need to get it straightened out now because should you later divorce, it has a good chance of becoming a problem for you and the child.
