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Married during pregnancy but not to biological father

Asked Sep 13, 2007, 12:48 PM — 6 Answers
I live in New York State and I was married at the time of my daughter's birth but not to her biological father, so my husband at that time name is on her birth certificate. I would like my child's biological father's (my current husband) name to be on her certificate.

How do I go about doing this? Will I need a lawyer? Thanks!

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6 Answers
scrap_box's Avatar
scrap_box Posts: 4, Reputation: 1
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#2

Sep 13, 2007, 04:55 PM
First I don't know N why. Law but. There should be a valintary paternity affidaved. Have the bio father sign and it should be done. As this is how I proved my son was mine.
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tawnynkids's Avatar
tawnynkids Posts: 622, Reputation: 578
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#3

Sep 15, 2007, 10:23 PM
According to your states birth certificate correction form: http://www.nyc.gov/html/doh/download...r/bcorrect.pdf
You will need to go to family court and get an Order of Filiation in order to correct the fathers information on the birth certificate. Here is some information on Paternity Proceedings and how to file in your state:http://www.brooklynbar.org/vlp/bookl...ternityrcb.pdf
If both men agree to this it should be pretty easy to accomplish. Hope it all helps.
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s_cianci's Avatar
s_cianci Posts: 5,483, Reputation: 4047
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#4

Sep 16, 2007, 08:17 AM
Normally the husband would be presumed by law to be the father. The biological father would have to file a motion for an adjudication of paternity and a DNA test would have to be performed. Then his name can go on the birth certificate and he'd share in all the rights and responsibilities of paternity. Of course, if he's not agreeable to the whole idea, I.e. He doesn't want to be responsible for child support, then you'll face an uphill battle as your husband's name is already on the birth certificate.
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tawnynkids's Avatar
tawnynkids Posts: 622, Reputation: 578
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#5

Sep 16, 2007, 08:37 AM
I believe s_cianci, she is saying that she is currently married to the biological father.
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ScottGem's Avatar
ScottGem Posts: 50,836, Reputation: 25246
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#6

Sep 16, 2007, 09:22 AM


In New York a presumed father is a married man who
  • was married to the mother when the child was conceived or born, OR
  • legally agreed to be the father of his wife's child, OR
  • has acted and behaved as if the child was his own.
Your ex husband fits the first two points. He was married to you when the child was born and agreed to be the father by signing the birth certificate. So he's the legal father. This means your current husband needs to formally adopt the child and your ex will need to relinquish his rights.

So yes, you need to get an attorney to guide you through the process.
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Suniica's Avatar
Suniica Posts: 2, Reputation: 1
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#7

Oct 10, 2007, 09:22 AM
Thank you for all for responding
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