Check out some similar questions!

rexrode · Oct 13, 2010, 02:44 AM

I was wondering if it is legal for a person under the age of 18 to sign a birth certificate in the state of S.C. The problem is my son 17 and girlfriend 16 are pregnant. The girlfriend and her parents will not take a partiality test. They are truing to get my son to sign the birth certificate when the baby is born. I want to know if it is legal or does he need my consent?

J_9 · Oct 13, 2010, 02:49 AM

No, he does not need your consent. This is one of those times when a minor is actually considered an emancipated adult.

The first thing he will need to sign is the Affidavit of Paternity, then his name will go on the birth certificate.

I urge you, though, that if there is any doubt, don't let him sign.

rexrode · Oct 13, 2010, 03:00 AM

How can I stop him? Why is he considered an emancipated adult? There is a lot of doubt about the paternity, but how can I stop him from signing the affidavit of paternity?

J_9 · Oct 13, 2010, 03:01 AM

You can try to stop him by talking to him.

If he is the father, he signs the birth certificate.

He is considered an emancipated adult ONLY to sign the certificate and to make decisions regarding the health and welfare of the child once it is born.

cdad · Oct 13, 2010, 04:03 AM

Originally Posted by J_9

You can try to stop him by talking to him.

If he is the father, he signs the birth certificate.

He is considered an emancipated adult ONLY to sign the certificate and to make decisions regarding the health and welfare of the child once it is born.

I can see this occurring with the mother of the child but as far as the father it can pose a lot of problems because if he IS NOT the father of the child then he is underage for accepting responsibility. Until DNA is done there really is no way to establish the boy as the legal father.

I would recommend asserting his rights in court as soon as the child is born starting with DNA testing. Child support and visitation.

ScottGem · Oct 13, 2010, 04:16 AM

I'm gathering that your son wants to take responsibility for the child and you don't want him to. While I applaud him for standing up and taking responsibility, I think he needs to be sure here. There are loads of threads here of mothers getting the bio fathers to come take children that fathers thought were theirs. Have you son browse aro9und and read some of the issues that have risen.

I would advise him to tell his girlfriend that he wants to take responsibility, but he also wants to protect her, himself and the baby, by making sure. Therefore, he won't sign an acknowledgment of paternity until a paternity test is done.

rexrode · Oct 13, 2010, 06:08 AM

Thanks for the answers guys. ScottGem you are correct in the fact that he is more than willing to take responsibility. Please be assured that I, as the grandmother, wants him to do the same. My husband, myself along with our son have already prepared for the birth of this child. Our house has everything he will need when the baby comes to our house. I have also made sure that the mother of the baby has everything she needs in her house that the baby will need. So please don't miss understand my intentions. At this point my heart will be broken if my son is not the father, along with his. My problem is why would they not want a paternity test. It has to put a little question in every ones mind. This is something I offered to take care of financially and had already begun with their permission. I contacted a DNA lab paid my money (non-refundable) and set up for the mother and the father along with their parent, due to them both being minors to go in for a cheek swab. When I notified the parents of the appointment they decided that they were not going to do this and could not believe I was questioning the integrity of their child. This is what I am dealing with. Any further advise would be greatly appreciated.

J_9 · Oct 13, 2010, 06:19 AM

You see, they can't believe you are questioning paternity (and you have every right), yet you can't believe they aren't gung ho for it. It's a double edged sword.

To them, you are accusing their daughter of cheating. To you, it could possibly be another boy's child. Both possibilities could be reality.

Understand that the DNA test you do would not be admissible in court should she file for support. Only a test ordered by the court and done by a court appointed lab is admissible.

Remember that it's easier to put your son's name ON the birth certificate once it is deemed that he is the father than it is to get his name OFF if he isn't.

rexrode · Oct 13, 2010, 06:30 AM

Again you are correct with the double edge sword comments. The DNA would stand up in court due to it being a legal DNA test. I have cover every base that I can. I just hope he stays strong and not sign his name until he knows fir sure. Rexrode

AK lawyer · Oct 13, 2010, 07:11 AM

Originally Posted by rexrode

... I contacted a DNA lab paid my money (non-refundable) and set up for the mother and the father along with their parent, due to them both being minors to go in for a cheek swab. When I notified the parents of the appointment they decided that they were not going to do this ...

The law in your state seems to clearly provide for an order compelling testing: SECTION 63-17-30. Genetic tests; costs.

ScottGem · Oct 13, 2010, 05:59 PM

First please don't use the comments feature to post follow up. Second, I'm concerned about this statement: "The DNA would stand up in court due to it being a legal DNA test. ". In most instances only a test ordered by a court would be legal admissible.

Fr_Chuck · Oct 13, 2010, 06:25 PM

Sorry no, if this is one of those, "whose the baby daddies" labs or those we do all lab tests,

Courts often have a very ( and I mean very) limited amount of labs allowed. And the evidence ( DNA) are treated as evidence with a chain of evidence.

So even if this is a approved lab, if it went to court I would say they would still order a new test.

But most DNA labs are not approved court labs.

Synnen · Oct 14, 2010, 05:49 AM

As a teenager, I got pregnant.

If my boyfriend's parents had even SUGGESTED a DNA test, you can bet your bottom dollar that 1. No way. They could take me to court to get it. I'd been dating their son for over a year at that point, and he was my first. If they wanted to impugn my character like that, they could do it in court--where I would promptly go for as much child support as possible, since they'd be paying while their son was still in high school with no job. And 2. I'd be withholding the child from them without a SPECIFIC visitation order.

I realize you are protecting your son. HER parents are protecting their daughter.

And honestly--it's up to your son if he wants to sign. You can talk to him about it, and you're smart to do so. But he CAN sign it, with or without your permission.

I'd get a lawyer, and take your son with you when you meet the attorney. Have the attorney explain the situation to your son, and retain his services for a DNA test and other court issues related to custody, visitation, and support of the child.