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Can a man sue a mother who gives her child the man's last name if the child is not his?
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Answered 2015-07-15 21:17:47
Unless you have a very rare last name (not a Johnson, Smith, etc.) and she has not put your Christian name (first name) down on that certificate there is nothing you can do. If she has, then you need to get a genetics test done to settle this once and for all and have the courts remove your name from this certificate.
For Example: Sean Carmichael Kiselbachian
Such a name definetly pin points you, but if your name was Ben Johnson and that's what she put, there isn't too much you can do.
That may not be the biggest issue that needs to be addressed. In almost every state a man who has been erroneously named on a birth certificate has a specified amount of time to prove that claim false. The CA. court system, in particular is well-known for wining child support awards from men who were not the biological father by the use of the default laws. Recently in CA. a man was ordered by the court to pay $120,000 in back support even though he proved through DNA testing the child was not his. The possibility of winning a lawsuit is highly unlikely. Likewise, states are reluctant (an understatement) to file charges against women who commit such action.
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