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vtskge · Aug 27, 2013, 11:36 AM

Both the young lady that is pregnant and the young man are 16 years of age. The young lady has stated several times that there were other people. Can the young man be forced to sign the birth certificate if he is not 18 years old and there has not been a DNA done?

smoothy · Aug 27, 2013, 11:50 AM

No... a birth certificate is a legal document... and minors can't sign legal documents or contracts..

N0help4u · Aug 27, 2013, 12:40 PM

He needs to NOT sign until a DNA test is done no matter age. I don't know the legal procedure for minors but DNA needs done before anything

smoothy · Aug 27, 2013, 12:47 PM

I agree.. demand a DNA test... many guys have been accused of fathering a child that DNA tests have proven didn't.

joypulv · Aug 27, 2013, 01:51 PM

He couldn't be force to sign no matter what age he is.

ScottGem · Aug 27, 2013, 03:42 PM

While a birth certificate IS a legal document, its not a legal contract. However, in most cases, the parents don't have to sign a birth certificate. Its filled out by the hospital. And the father can't be forced to sign either a birth certificate or an acknowledgement of paternity.

After birth the boy can demand a DNA test to determine paternity. Definitely if the girl goes after child support from him he should demand a DNA test from the court.

cdad · Aug 27, 2013, 05:56 PM

Originally Posted by smoothy

No...a birth certificate is a legal document...and minors can't sign legal documents or contracts..

This is wrong information. There are exceptions to the general rules. Having a child is one of them. For the purpose of the child and its concern the mother AND legal father can sign documents that are legally binding. Age doesn't matter at all.

AK lawyer · Aug 27, 2013, 06:13 PM

Originally Posted by ScottGem

While a birth certificate IS a legal document, its not a legal contract. However, in most cases, the parents don't have to sign a birth certificate. Its filled out by the hospital. ....

Actually, in most places the hospital, attending physician, or midwife will sign a report of birth. The mother might also sign it. But it isn't the birth certificate. The birth certificate is signed by a state official, based upon this report.

What OP is talking about would be an acknowledgement of paternity. And, as ScottGem has correctly indicated, the putative father cannot be forced to sign it. Cdad is also correct: the boy can sign it, although he cannot be forced to do so.

N0help4u · Aug 27, 2013, 07:07 PM

In many states once the father signs the birth certificate he is responsible for child support even once he is proven not to be the father, so it is best to not sign it.

J_9 · Aug 27, 2013, 09:49 PM

"Signing" a birth certificate is really a misnomer. Neither one of the parents actually "signs" the certificate. There is a form of information that the vital statistics department of the hospital will get filled out. This information will then be sent to the Bureau of Vital Statistics for your state where the birth certificate will be issued.

Your son would have to sign an Acknowledgement of Paternity, yes he can do that at his age, in order to be named on the birth certificate. This is not something he should do as the certificate can be amended in approximately 30 days (every state is different) if he is deemed to be the father after a DNA test proves him as the father.

Fr_Chuck · Aug 28, 2013, 04:18 AM

He can not be forced to sign no matter what his age, he can ( and should) demand a DNA test after the child is born.

vtskge · Aug 28, 2013, 08:03 AM

Thank you so much, Fr_Chuck. I thought so myself, but I wanted to try to have some certainty. This young lady, it appears to me, like to be able to control the situation. I have realized that in South Carolina unless you are legal wed, that the Father's have absolutely no rights whatsoever.

My husband and I have raised our boys that if you get a young lady pregnant, then you are just as pregnant as she is. He has tried on numerous times to be able to be involved with the pregnancy, however the young lady and her family makes sure that he isn't involved in anyway.

I have also stressed to my son that he isn't to sign any birth certificate until the Genetic Tests come back that he is the father or isn't the father. To my understanding, it is very difficult and expensive to get a name removed from the birth certificate. He has done things, example saving money to be able to help provide for the child if the test does come back it is his.

Any advice to help the situation, would be greatly appreciated. I have studied number hours, weeks, trying to make sure I understand as much as I can within the law of South Carolina. It is easier for me to comprehend then it is trying to explain to a 16 year old young man. Also, if you know of any websites, places, etc.. That he himself could see and feel as though he isn't the only one that has or is going threw this at his age would be greatly appreciated.

smoothy · Aug 28, 2013, 08:24 AM

Once the child is born and proven to be fathered by him... then he will have legal rights equal to hers even if they aren't married. And of course... woudl be obligated to pay support once the court ordered it. (and I would not pay a dime until one does... because she might claim he never did... and without the order.. it doesn't count.

At 16 his chances of getting custody are zero... but the court would also lay down his visitation rights as well... so if and when it get to that point... he needs to assure he gets them in writing because then she has to abide by the courts decision... she doesn't get to make them arbitrarily. Vistitation and child support are different issues... but issued by the same court.

N0help4u · Aug 28, 2013, 08:40 AM

Fathers paying anything or gifting anything without a court order should keep receipts and documents and recordsof all contact so if and when they do go to court they don't look like a dead beat dad.

ScottGem · Aug 28, 2013, 09:30 AM

Originally Posted by vtskge

I have realized that in South Carolina unless you are legal wed, that the Father's have absolutely no rights whatsoever.

I don't believe that's true. But I do believe that if the parents are not wed, then the father as no rights UNTIL THE CHILD IS BORN. And that is not just true of SC, but most of the US.

Until the child is born and paternity can be legally established the mother is in total control.

What your son will need to do is, immediately after the child is born, file for joint legal custody. As part of this filing he will request a paternity test to ensure he is the bio father.

Once paternity has been determined then he can file for visitation and more.