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    DADFRIEND's Avatar
    DADFRIEND Posts: 2, Reputation: 1
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    #1

    Apr 28, 2012, 09:01 AM
    Father rights to sign birth certificate
    What are a fther's rights in the hospital after his child is born when he is not married to her mother and her mother has introduced another man into the picture.
    Does he have the right to demand to sign it and can be prevented by the mother from signing it?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Apr 28, 2012, 09:07 AM
    Depends on local laws. Generally, no he can't demand anything in the hospital. If the mother refuses to put his name on the birth certificate, then he has to go to court to establish paternity.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #3

    Apr 28, 2012, 09:07 AM
    Quote Originally Posted by DADFRIEND View Post
    What are a fther's rights in the hospital after his child is born when he is not married to her mother and her mother has introduced another man into the picture.
    Does he have the right to demand to sign it and can be prevented by the mother from signing it?
    You can tell the hospital / birthing center that you believe you are the father of the child and are willing to sign a "Aknowlegement of Patrnity" upon birth. Regardless of who is signing the birth certificate you need to go to court and assert your rights.

    Only then can you be declared the legal father and until then it is speculation.
    DADFRIEND's Avatar
    DADFRIEND Posts: 2, Reputation: 1
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    #4

    Apr 28, 2012, 09:11 AM
    [QUOTE=ScottGem;3100202]Depends on local laws. Generally, no he can't demand anything in the hospital. If the mother refuses to put his name on the birth certificate, then he has to go to court to establish paternity.[/Q

    That's what I was afraid of. Thanks so much for your help. I have told him to put his intent in writing to hoispital, dleivering doctors office and to the mother, but I don't know if it really matters. Can't hurt I suppose.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Apr 28, 2012, 09:14 AM
    Quote Originally Posted by DADFRIEND View Post
    ...
    Does he have the right to demand to sign it and can be prevented by the mother from signing it?
    Please understand that the parents do not sign the birth certificate. The hospital (typically, although you should consult the law in your jurisdiction) files a report with the vital statistics office, which in turn issues a birth certificate. In the case of an out-of-wedlock child, the mother is shown on the BC, but the father is not shown unless he has submitted an affidavit of paternity and (depending on where you are) got a court to rule that he is the father.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Apr 28, 2012, 09:17 AM
    Quote Originally Posted by DADFRIEND View Post
    Quote Originally Posted by ScottGem View Post
    Depends on local laws. Generally, no he can't demand anything in the hospital. If the mother refuses to put his name on the birth certificate, then he has to go to court to establish paternity.
    That's what I was afraid of. Thanks so much for your help. I have told him to put his intent in writing to hoispital, dleivering doctors office and to the mother, but I don't know if it really matters. Can't hurt I suppose.
    What is it you are really seeking. Father's name on BC is one thing. Father's obligation to pay child support and rights to custody/visitation are others.
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