Not if it's court ordered. If another man signed the birth certificate and the mother knew he was not the biological father she is guilty of fraud. The father can ask for a court ordered DNA test to prove he is the biological father and she can not refuse this. He can then proceed to get his name on the birth certificate and also get visitation, pay child support and petition for custody.
Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records.
Since the father didn't give birth and he was not legally married at the time of the birth he must establish his paternity by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent or he must seek another way to establish his paternity and that is done through a DNA. He can then establish his paternity legally through the court and once established the father can request visitations, custody and set up a schedule of regular child support payments for the child.
On the other hand, if there is a visitation order already in effect the mother must allow the child to visit with the father according to that schedule. Withholding visits with the non-custodial parent can eventually result in the custodial parent losing custody if the other parent presses the issue in court.
He can only get the right to change/add his name to the bc by going through court and the mother would find out since she is the legal guardian (I assume she is).
Here in the Philippines, a mother can not just name any person as the father of her child in the Birth Certificate. They will look for a marriage contract as their reference when you named your child under his/her father's surname. Or if not married, they let the father fill up the Affidavit of Acknowledgement/Admission of Paternity at the back of the Birth Certificate.
The father can file for this change.
Yes, if he is the one who fathered the child. Father's do not typically sign the birth certificate though, although he can be named on it.
no see links below
Not really. It depends on the situation.
Well first of all the father doesn't sign a birth certificate he signs an acknowledgement of paternity with the unmarried mother and two witnesses to declare that he is the father. This legal document will allow the birth registrar to put his name on the birth certificate as the father. As long as the mother signs the acknowledgement then it will be legallly binding just as if they had went to court. If she chooses not to sign then the document will not be complete and on the child's birth certificate the father's name will remain blank. (Please remember it is very important to acknowledge paternity for the child's sake. It is very disappointing when a child looks at their birth certificate and does not see a father's name. Also the child will have the rights to certain medical information/hystory from their father in the event that child has a medical condition as well as the right to child support.)
no, changing the birth certificate requires adoption, and can only be done if the birth father's parental rights have been terminated.
Yes - the man signing the birth certificate is the child's legal father unless/until established otherwise in court.
The same if he is listed on the birth certificate. NONE
He has the right to sign the birth certificate. Apart from that he has no right at the birth. The mother is the patient and she decides what goes.
NO. In most states the father of the child must be present at the time of birth to sign the birth certificate as the father of the child. It could, in reality, be any man who would be willing to take legal responsibility for the unborn child. A child will only automatically get the father's name if the two parents are married. Even if the father pays child support, the mother is not obigated to change the child's last name to that of the father.
Depends. Even if he is not on the birth certificate he can still have a court ordered visitation and pay child support. In that case she needs both his and the courts permission.