Birth Certificate

[KMPlontz]

My question regards my son's birth certificate. If the biological father's name isn't on the birth certificate for whatever reason, if the mother (who has custody) gets married (because she was never married to the biological father) to someone can that person try to adopt the step-child without tracking down the father for him to sign over his rights?

 

[Proserpina]

The new husband cannot sign the birth certificate, if that's what you're asking - that would be paternity fraud.

Depending on the circumstances, the biological father may or may not need to be notified. Mom should speak with a local attorney.

What they should NOT do is have her husband sign that birth certificate.

 

[KMPlontz]

No, the husband in no way will be signing the birth certificate. But later on if there is no father on the birth certificate will he still have to be hunted down to sign over his rights if the husband plans on LEGALLY adopting the child?

 

[mightymoose]

One way or another you will be required to identify the father. Your leaving him off the birth certificate will not give you a shortcut around his parental rights.
If you falsify documents and claim to not know the father you may end up making things worse for yourself.
You will need legal assistance if the new spouse is to try to adopt, so let the attorney work it out for you.
Another thing for you to look in to in the mean time is whether you are obligated by any law to identify the father on the birth certificate. By not doing so you might give your child a lifetime of complications.