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LonnelleM
Apr 15, 2012, 06:02 PM
I'm in a relationship with a woman who happened to find out that she was pregnant from her ex on our first date. I am not the one to judge because I have a 2-year old. The ex wants nothing to do with it and even stated that he wants to lose all rights for the expected baby. I plan on continuing our relationship and being supportive along the way. My question is when it comes to signing the birth certificate, and knowing that the child is biologically not mine nor am I married to the mother of the child, can I still sign the certificate and be the responsible father that the child needs?

J_9
Apr 15, 2012, 06:04 PM
No, you cannot sign the birth certificate under these circumstances.

LonnelleM
Apr 15, 2012, 06:07 PM
I see... so would I have to wait for legal matters to go through when the real father wants to lose all rights to the child? Or is the other option marriage?

ScottGem
Apr 15, 2012, 06:09 PM
A birth certificate is a legal document. Falsifying a legal document is perjury.

The bio father will not be able to lose his responsibility for the child. He should be held accountable and required to pay support.

If you decide to continue your relationship and marry the girl, then you can think about adopting the child.

J_9
Apr 15, 2012, 06:09 PM
The option would be to marry the girl and, in most areas, wait a year to adopt the child.

LonnelleM
Apr 15, 2012, 06:11 PM
Thanks for the solid info everyone

LonnelleM
Apr 15, 2012, 06:25 PM
One more thing if anyone can answer... does the Presumed Fathers Act help me in any way?

J_9
Apr 15, 2012, 06:25 PM
No, it won't help you because you are not the presumed father.

J_9
Apr 15, 2012, 06:27 PM
What state are you in? Location is important as laws vary by locality.

AK lawyer
Apr 15, 2012, 06:33 PM
... can I still sign the certificate and be the responsible father that the child needs?

Unless you are the state bureaucrat who issues birth certificates in your jurisdiction, no, you cannot sign the birth certificate.

I believe what you are asking about is an "affidavit of paternity". Signing an affidavit is indicating, under oath, that the statements made in the affidavit are true. So if you sign it you will be committing perjury, a crime.

LonnelleM
Apr 15, 2012, 06:34 PM
I'm in the state of Missouri

LonnelleM
Apr 15, 2012, 06:38 PM
Thank you guys again. I really appreciate the legal info

Fr_Chuck
Apr 15, 2012, 06:38 PM
If you claim something not true, you are doing a fraud and can be charged with a crime if latter found out. Not to say issues if and when the child may find out latter.

The only way you can do it is when you get married, adopt the child. The bio father should have no issue with this, since once adopted his obligation to pay child support ends.
So be sure she files for support, since that is the lever to help bio dad to decide to sign over rights for adoption

cdad
Apr 15, 2012, 07:03 PM
If you are married at the time of the birth then you will be the presumed father. As such you can sign the birth certificate providing you were married before the birth.
Ref:


Section 210-822 Presumption of paternity--rebuttal of p (http://www.moga.mo.gov/statutes/C200-299/2100000822.HTM)

Section 210-826 Determination of father and child relat (http://www.moga.mo.gov/statutes/C200-299/2100000826.HTM)