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jessica.dixon1 · Jul 1, 2011, 02:09 AM

OK. So I have been dating my fiancée alost a full year now and when we first started dating she found out she was pregnant by her ex. During this time he tells her he wants nothing to do with her or the baby. Our daugther was recently born June 25 2011 and will be a week old this Saturday. Her biological father which is our sperm donar has not been around since she told him she was pregnant. We are two females might I had that to the punch but I signed the birth certificate saying that I am the father of her. Does he still have rights even thou I'm a female and I have signed the birth certificate stating that I am her father? I have researched and said I could be able to sign it plus I'm in korea.

tickle · Jul 1, 2011, 03:10 AM

Of course you could sign the because, but that doesn't alter the fact that the baby still has a bio dad even though he is not in the picture, and yes he still has rights to the child no matter what he says or where he is. You can also ignore the fact that he is not and, you hope will never, want to establish those rights, or you can do something about it legally, but that still involves finding him, approaching him, and establishing you as the father through the court system. Of course, noted you are in Korea, but if you are are both US citizens, it is still US law.

Tick

ScottGem · Jul 1, 2011, 03:24 AM

I don't know Korean law, but I don't see how another female can be designated the Father on a birth certificate. Its one thing for a same sex partner to be listed as the legal parent of their partner's child. I'm happy that governments are becoming enlightened enough to allow that. But a father is still the male contributor of sperm. That's a biological fact that no statute can change.

With that, I would have to say that the bio father would still have rights if he chooses to exercise them. This would mean he needs to go to court to establish his status as the legal father due to biological paternity.

Assuming you are in South Korea, here's the law:

Korean Civil Code-Article 134-Paternity

134.10 does recognize civil union and does allow a same sex partner to assume paternity, but clearly only in the absence of a biological father seeking to claim his rights. Also Koren law only applies if you are are Korean citizens. From your name, I'm not so sure that's the case. So further clarification is required.

jessica.dixon1 · Jul 1, 2011, 03:49 AM

My fiancée is not a us citizen but I am and so is the sperm donar. He has not attempted to to contact her he never wanted the baby to begin with. From my research if he has abandoned the baby for a year or more he has given up his rights. Although I know that he can ask for a dna test he is not going to do so because he is leaving korea next month and doesn't even know my fiancée real name. I was able to sign the birth certificate with my full name and no one said a thing about it. Which that of I researched and the only reason its in the father spot is because I don't know how korea would type up the certificate seeing that you only fill out a **** of paper saying what you are to the mother and the baby, from there it is done. Also from what I have researched I am able to sign the birth certificate and have rights of the baby and that is us law. I resewarch everything before I actually deal with it.

tickle · Jul 1, 2011, 04:24 AM

Originally Posted by jessica.dixon1

my fiancee is not a us citizen but i am and so is the sperm donar. he has not attempted to to contact her he never wanted the baby to begin with. from my research if he has abandoned the baby for a year or more he has given up his rights. although i know that he can ask for a dna test he is not going to do so because he is leaving korea next month and doesnt even know my fiancee real name. i was able to sign the birth certificate with my full name and no one said a thing about it. which that of i researched and the only reason its in the father spot is because i dnt kno how korea would type up the certificate seeing that u only fill out a **** of paper saying what u are to the mother and the baby, from there it is done. also from what i have researched i am able to sign the birth certificate and have rights of the baby and that is us law. i resewarch everything before i actually deal with it.

Its good that you research but you did come here looking for answers; so you are basically answering your own questions, because you research. I think its great that you care and you two are together in raising a child. Every child needs two.

The fact remains that the baby has a bio dad no matter where he is or what he is doing. In US law bio dads count no matter what he is.

So basically, what do you want us to say ? If you want to research the law on this issue, I would suggest you consult a lawyer to know your rights, her rights, and his rights.

Good luck.

Tick

jessica.dixon1 · Jul 1, 2011, 05:41 AM

I already know his rights as him being a us citizen and her being korean in korea he has no rights because to korea she is a single parent. In the us it says that if the bio father has not been there for that baby nor gave any money to help out with that baby he is not intitled to any rights. Plus I was only asking becase we are to females. That's y I asked for help. The only way he can have rights to the baby is if he gives a dna test which he has not done since her nine months of her pregnancy so she has no bio father until he comes forward and states he wants a dna test and the dna test says he is the father the sperm donar has no rights to our baby. Thank you and have a great day

tickle · Jul 1, 2011, 06:40 AM

I wish you the best of luck with this situation; hopefully you will have a trouble free life with the baby and your partner, without his interference.

Tick

Synnen · Jul 1, 2011, 07:41 AM

Okay, your chat speak is driving me crazy. Type out the full words, or I will assume you are 8 and delete your posts. It's in our site rules that you must use the best English available to you--and I know you know how to spell "why" and "you" better than you have been.

Are you planning on staying in Korea forever? If so, then get a lawyer there and figure out how to make sure that everything is legal.

Are you planning on returning to the US? Not all US states recognize legal same-sex unions, nor are they required to recognized them from another country. In addition, if you bring the child to the US, the father WILL have every right to try to take his rights back. You say he doesn't want them--and right now, he might now. In 6 years--he might change his mind. You need to get this LEGALLY resolved, through a court--and that will take a lawyer.

ScottGem · Jul 1, 2011, 09:17 AM

First, if you have a follow-up question or info, please use the Answer options not the Comments. Second, as Synnen said this is not texting or chat, we type in full words and sentences here.

You claim you have done research, but what you are saying you have found in that research just isn't accurate. Some of it may be true, but most is not. Some of it depends on state laws in the US, so if you returned to the US, it would depend on where you settled.

I don't know where you read "in the us it says that if the bio father has not been there for that baby nor gave any money to help out with that baby he is not intitled to any rights." but that is not accurate. It is entirely possible that he can assert his rights after several years by going to court getting a paternity test done and being declared the legal father.

If you return to the US you may or may not have rights to the child depending on whether your civil union is recognized by the state you move to.

So I think you need to learn to do better research, because the answers you are coming up with are not as accurate as you think they are.