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Hayley_J · Jan 27, 2008, 08:21 AM

Me and my partner have split up, we have never been married, I have a 15 month old child which he is not the biological father to, but his name is on the birth certificate as her father, does he have any rights? Can anyone help??

mjl · Jan 27, 2008, 08:23 AM

Yes, he would have rights if his name is there.
Why would you put him on the birth cert. if he is not the father?

Hayley_J · Jan 27, 2008, 08:25 AM

I live in the u.k. I am split from my patner, I have a 15 month old child to which he is not the biological father to but he is on the birth certificate as her father, does he have any rights?

Momma to three · Jan 27, 2008, 08:26 AM

It depends on the laws of your state, but in most areas, he would have rights as her father if his name is on the birth certificate. If you don't want him to have those rights, you will have to prove that he is NOT the father.

passmeby · Jan 27, 2008, 08:49 AM

Most likely, he does have rights right now because he's on the birth cert. You would need to have him proven to not be the father and then remove him from the birth cert. By having rights, he would also have responsibility, as in paying support. It's also possible that you may be in trouble for fraud by putting the wrong name down for the father. Does he know that he's not the father? And are you positive that he's not the father?

ScottGem · Jan 27, 2008, 08:53 AM

In the US, the legal father is the person named on the birth certificate. Fro those rights (and responsibilities) to be removed, the bio father would have to request a paternity test and petititon to amend the birth certificate.

{Note: threads merged}

Hayley_J · Jan 27, 2008, 09:16 AM

If DNA results proved that the person named on the birth certificate as the father was not the biological father, would the biological father then have more rights than the named father on the birth certificate.

s_cianci · Jan 27, 2008, 10:01 AM

It depends on the laws of your particular state. Generally, signing a birth certificate constitutes an acknowledgement of paternity and therefore establishes legal paternity, with all of the accompanying rights and responsibilities. How old is the child in question, i.e. how long ago did the birth occur? That'd be a relevant factor as well. What were the circumstances under which the (presumably) non-biological father signed the birth certificate? All of these and other questions come into play when making such a determination.

ScottGem · Jan 27, 2008, 10:10 AM

You were asked before not to start new threads, please reply to the thread and keep the same questions together. I've again merged the threads to maintain continuity.

You need to consult a solicitor. Some states in the US have laws that state that after a period, the person listed on the because will remain the legal father even if a paternity test proves otherwise.

Fr_Chuck · Jan 27, 2008, 01:21 PM

The issues you have is that the person listed on the birth certificate is the real father by law. So until you go to court and have him removed from the birth certificate he will be the father legally.

The legal father ( even if not the real father) has all the rights, the real father has none until he is reconised legaly as the father.

So you have a long court cases ahead of you