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-   -   Biological father? (https://www.askmehelpdesk.com/showthread.php?t=264845)

  • Sep 29, 2008, 08:42 AM
    flybaby
    Biological father?
    My daughter is pregnant and in a "committed relationship". She is also bipolar. While her boyfriend was in the hospital she slept with (possibly was raped) someone else. We live in Mississippi. Would he have any rights if he signed the birth certificate then later, down the road they had problems and she had a paternity test done and it said he is not the father?
  • Sep 29, 2008, 09:08 AM
    stinawords

    Just for his own good he should have the paternaty test done before signing the because. If the other possible father steps forward to have the test done and it is his and she knowingly let the other one sign even though she wasn't sure it was his the "real" bio dad could press charges on her and even the boyfriend for fraud.
  • Sep 29, 2008, 09:08 AM
    Fr_Chuck

    First the boyfriend if he is not the bio father, should not sign the birth certificate, since he obvoiusly knows he is not, this would be fraud.

    And he could in most states get out of any obligation anyway by a DNA test latter. She can not put any fathers name down, he can come back and either try and get support from the real father or get the boyfriend to adopt
  • Sep 29, 2008, 09:26 AM
    flybaby
    Quote:

    Originally Posted by stinawords View Post
    Just for his own good he should have the paternaty test done before signing the b/c. If the other possible father steps forward to have the test done and it is his and she knowingly let the other one sign even though she wasn't sure it was his the "real" bio dad could press charges on her and even the boyfriend for fraud.


    This would not be an issue. Person does not know she is pregnant. Would have no idea it could be his and has since moved to who knows where. She isn't even sure of the guy's name.
  • Sep 29, 2008, 01:25 PM
    Fr_Chuck

    It is always an issue, so she lists the father as unknown on the birth certificate, you can not legally claim something that is not true.

    Years latter this could come back in 100 ways to haunt them.

    Lets say there is another child latter, mother dies first, father wins that 100 million dollar lottery, one child proves that the other is not the real child, and perhaps loses their share in the estate if there was no will or depending on wording of the will.

    There is only one legal way
  • Sep 29, 2008, 02:52 PM
    JudyKayTee
    Quote:

    Originally Posted by flybaby View Post
    This would not be an issue. Person does not know she is pregnant. Would have no idea it could be his and has since moved to who knows where. She isn't even sure of the guy's name.



    You asked for legal advice - to claim one person is the father when you are not sure is fraud on the part of everyone who lies.

    The other issue is if the child ever develops health problems and any type of comprehensive testing is done the true paternity - or lack of paternity - could very well be revealed.

    It is a lot easier to find the possible father now for testing - 9 months give or take after the sex - than 10 years from now.

    Are you saying that your daughter does not plan to tell her boyfriend that this might not be his child? And you are taking part in this behavior?
  • Sep 29, 2008, 03:39 PM
    stinawords

    As pointed out it is an issue a rather large one. That's why I posted what I did. Is there still a chance that it is the boyfriends? If so then maybe it will work out just fine but he would be in the wrong if he signed it and your daughter put him on the because with out knowing for sure.
  • Sep 29, 2008, 08:00 PM
    flybaby
    Her boyfriend knows there is a good chance he is not the father. The dates don't quite work, but could just barely.

    She really doesn't know who this other guy is.

    I do understand the point though. It had never occurred to me that he could still adopt the baby. Is that expensive?
  • Sep 29, 2008, 08:06 PM
    J_9
    He could adopt the baby, but if the bio father found out, he could contest the adoption.

    She really needs to think long and hard about who the father of this baby is, or might be.
  • Sep 30, 2008, 07:34 AM
    stinawords

    In order for him to adopt the child they would first have to be married for at least a year. (some states only require a long term stable relationship which they don't have so they would have to do the married for a year thing) Then the bio dad would have to sign off for the adoption to occur. They have to get a lawyer because lawyers are required for any and all adoptions.

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