Ask Me Help Desk - Removing my name from a birth certificate

I was told 2 months after last being with a female friend that she was pregnant and I was the father. We were in a relationship in the past that didn't last but remained friends (and more when needed). I went along through the pregnancy and the birth and signed the child's birth certificate as his father before he was allowed to leave the hospital. He is now 10 months old and at the request of my family, I have found out that I am not the father to the child. What steps do I need to take to have my name removed from the child's birth certificate legally?

Quote:

Originally Posted by taswain

I was told 2 months after last being with a female friend that she was pregnant and I was the father. We were in a relationship in the past that didn't last but remained friends (and more when needed). I went along through the pregnancy and the birth and signed the child's birth certificate as his father before he was allowed to leave the hospital. He is now 10 months old and at the request of my family, I have found out that I am not the father to the child. What steps do I need to take to have my name removed from the child's birth certificate legally?

How did you find out the child isn't yours ? And what has happened between you and the child ? The reason for asking is because when you signed on to the birth certificate you said you're the father of the child. So with it comes all the responsibilities. And you would have to get her to find the bio dad and then ask the courts for your name to be removed and his put on it. For now you should be paying child support and 1/2 the medical bills for both the child and the pregnancy. If you weren't sure you never should have signed the BC ( birth certificate )

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Originally Posted by califdadof3

How did you find out the child isnt yours ? And what has happened between you and the child ? The reason for asking is because when you signed on to the birth certificate you said your the father of the child. So with it comes all the responsibilities. And you would have to get her to find the bio dad and then ask the courts for your name to be removed and his put on it. For now you should be paying child support and 1/2 the medical bills for both the child and the pregnancy. If you werent sure you never should have signed the BC ( birth certificate )

When she told me, I was shocked but wanted to be a father and we discussed options, agreed not to get married, and I included myself in all aspects of the pregnancy (including payment). I inquired several times to the mother if she was sure that he was mine and she swore to me that he was and that she had not been with any body but me. Because I wanted to be a father to MY son, I took on the responsibilities of a father and parent both emotionally and financially. I was urged by my father to have a DNA test done. To appease him and also answer the question for myself once and for all, I purchased a home buccal test kit online, had it shipped to my home and swabbed the child and myself according to the specifications of the test (the mother was present and stated no objection to the test) and sent the test off. I was expecting to be the father, make my family happy, and continue to raise my son. The results came back to me yesterday (12-15-08) stating that I am not the father to the child. Nothing has happened between myself and the child. He lives with his mother and her parents and have been driving 30 minutes (each way) to see him 2-3 times a week for the last ten months. As for signing the birth certificate, when he was born I was at the hospital for over 50 hours. I held him first when he was born. I was told by the social worker at the hospital that I HAD to sign the birth certificate as the father before the hospital would release my son to go home, so I did. I do not want to raise or be financial supporter to a child that is not my own. What do I do now, legally, to ensure that I am not legally responsible for a child I did not assist in creating?

At this point its going to be her word VS your word. But you will have to file with the courts and there is a chance you can have your name removed due to false pretence.

1) you were lied to because she did lay with another.

2) social worker lied to you ( you didn't have to sign anything for the baby to be released unless the baby was being released to you specifically) - like mom had an extended hospital stay and baby could come home.

Under those grounds you might be able to find a lawyer and have your name removed. In the mean time your responsible for the child until the courts say different. And congrats for standing up in the first place and taking care of your business. The other side of the coin is that you could always continue to be the father to this child since you have bonded with the child already. Its not just DNA that makes a father. Good Luck and get a decent lawyer.

Quote:

Originally Posted by taswain

When she told me, I was shocked but wanted to be a father and we discussed options, agreed not to get married, and I included myself in all aspects of the pregnancy (including payment). I inquired several times to the mother if she was sure that he was mine and she swore to me that he was and that she had not been with any body but me. Because I wanted to be a father to MY son, I took on the responsibilities of a father and parent both emotionally and financially. I was urged by my father to have a DNA test done. To appease him and also answer the question for myself once and for all, I purchased a home buccal test kit online, had it shipped to my home and swabbed the child and myself according to the specifications of the test (the mother was present and stated no objection to the test) and sent the test off. I was expecting to be the father, make my family happy, and continue to raise my son. The results came back to me yesterday (12-15-08) stating that I am not the father to the child. Nothing has happened between myself and the child. He lives with his mother and her parents and have been driving 30 minutes (each way) to see him 2-3 times a week for the last ten months. As for signing the birth certificate, when he was born I was at the hospital for over 50 hours. I held him first when he was born. I was told by the social worker at the hospital that I HAD to sign the birth certificate as the father before the hospital would release my son to go home, so I did. I do not want to raise or be financial supporter to a child that is not my own. What do I do now, legally, to ensure that I am not legally responsible for a child I did not assist in creating?

Many states have 60 days limit after signing child's BC. It depends on where you live in.

Hats off to you! Most men don't do what you did. One of my best friends was in a similar situation. But was married.. had no doubts. As the child grew up it became obvious.. he looked like a biracial child, couple were both black.. He still turned his head the other way. When they got divorced, the judge did a DNA for verification so he could order child support... the boy came back not his.. he was 4. My friend did get his name off the nirth certificate, it cost his some money though. And he still holds the same relationship with the boy. Just isn't required to. Remember the baby comes first.. don't punish him for his mother's mistake.. be in his life.