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Lilred850
Jun 3, 2012, 01:29 PM
I'm married but I had another mans baby. My husbands info isn't on the birth certificate its blank. Does the biological father have any rights?

ScottGem
Jun 3, 2012, 01:51 PM
ANY question on law needs to include your general locale as laws vary by area. That's unusual. In most places, the law presumes a husband to be the father when a child is born to a married couple. The hospital, by law, would have to list the husband as the father.

Be that as it may, the bio father may have the right to petition the courts for paternal rights depending on local laws. How old is the child?

tickle
Jun 3, 2012, 01:52 PM
To answer your question, of course the bio father has rights. If you are asking if your husband can adopt (if he knows the child isn't his), then hire a lawyer, consult with the bio father who has to give permission.

ScottGem
Jun 3, 2012, 02:05 PM
To answer your question, of course the bio father has rights. If you are asking if your husband can adopt (if he knows the child isnt his), then hire a lawyer, consult with the bio father who has to give permission.

In most places (all US States and its also true in Canada), where a child is born to a married couple, the husband is presumed to be the father. So the husband here would not have to adopt the child. Unless the bio father files for paternity (I doubt if he would do so only to turn around and allow an adoption), the husband remains the father.