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

    Aug 24, 2009, 09:08 PM
    Fathers rights to baby birth/baby name
    What rights does an unwed father in PA have to be there when the child is born or have say in the child's name? Also, does PA have any laws in regards to fathers last name and child support? I've heard that if the baby does not have the fathers last name that she can't file for child support. Any information would be greatly appreciated.
    justcurious55's Avatar
    justcurious55 Posts: 4,360, Reputation: 790
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    #2

    Aug 24, 2009, 10:54 PM

    Pennsylvania Paternity
    Here's a link that I think may be helpful to you. Even if the baby doesn't share your name, if it's your baby, you still have to pay child support
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #3

    Aug 25, 2009, 04:10 AM

    Right to be there: None if the mother does not want you there.

    Right to the name: None.

    What you heard about a name and support is 100% false. She could name the child Brad Pitt and you would still be responsible for support.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Aug 25, 2009, 06:53 AM
    Quote Originally Posted by Mtbyczk View Post
    I've heard that if the baby does not have the fathers last name that she can't file for child support.
    Where did you hear that piece of drivel? Support is based on the legal establishment of paternity. The link justcurious gave you should help you deal with that.

    As Steve pointed you you have no rights to be present at the birth. However, once paternity is established you MAY be able to change the birth certificate as far as surname is concerned.

    You should consult an attorney to help you deal with custody and visitation.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #5

    Aug 25, 2009, 01:58 PM

    Keep in mind that in many states the father has no say in naming the child on the birth certificate even when married. Its an odd world.
    Mtbyczk's Avatar
    Mtbyczk Posts: 2, Reputation: 1
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    #6

    Aug 25, 2009, 01:59 PM
    Quote Originally Posted by stevetcg View Post
    Right to be there: None if the mother does not want you there.

    Right to the name: None.

    What you heard about a name and support is 100% false. She could name the child Brad Pitt and you would still be responsible for support.
    The whole last name thing does not matter. I can't believe that I am not even legally allowed to be present for the birth of my own child or have any saying her name. I guess I have to thank our amazing legal system for that one. Thank you all for your replies, the answers are greatly appreciated even if they are not what I wanted to hear.
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #7

    Aug 25, 2009, 03:24 PM
    Quote Originally Posted by Mtbyczk View Post
    The whole last name thing does not matter. I can't believe that I am not even legally allowed to be present for the birth of my own child or have any sayin her name. I guess I have to thank our amazing legal system for that one. Thank you all for your replies, the answers are greatly appreciated even if they are not what I wanted to hear.
    You aren't the legal father until paternity is established. Even if you were, the mother is the patient, not you.

    Sucks, sure... but that's the way the world works.
    Synnen's Avatar
    Synnen Posts: 7,927, Reputation: 2443
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    #8

    Aug 25, 2009, 04:16 PM

    A married woman can keep her husband out of the delivery room too, you know.

    You have no idea how mortifying some women feel it to be to have people in the delivery area---I mean, everythign is ALL open for God and the world to see---and the LAST thing she needs is any stress while in labor.

    So... what it comes down to is this: until men can go through the pain and indignity of giving birth, then women will be able to determine who is and who is not with her during this time.

    It has NOTHING to do with whether you're married or even whether you're the father or related. The woman giving birth is the patient, and she has complete control over who is in the room besides the required medical personel.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Aug 25, 2009, 04:38 PM
    Quote Originally Posted by Mtbyczk View Post
    . I can't believe that I am not even legally allowed to be present for the birth of my own child.
    As Steve said, its not your child until paternity can be legally established. And its unlikely you can get it established until after the birth.

    Your feelings about being in the delivery room are actually relatively new. It wasn't until the early 70s that the concepts of natural childbirth with the father as a participant started to become the norm in western civilizations. Before then, the father waited in the waiting room. Even before giving birth in a hospital became commonplace, the father was still kept out of the delivery room and the mother was attended by midwives, physicians or other woman of the community.

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