Putting fathers name on birth certificate law
Can someone who is not the biological father sign the birth
When we were teenagers, our peers used to tease us with a sing-song rhyme that went something like this: “First comes love, then comes marriage, then comes Emily with the baby carriage.” The rhyme is no longer relevant. According to a study conducted by the Pew Research Center in 2011, about 40% of unmarried adults believe that marriage is no longer necessary. (Marriage is on the decline, while new families are on the rise.)
Erika represents clients in family law cases involving multistate jurisdictional issues, such as complex divorces, initial and post-judgment child custody matters, change of domicile, paternity, minor guardianship, and third-party custody cases. She is regularly hired by other attorneys to mediate their most difficult cases as a domestic relations mediator. Erika has been trained in Collaborative Law and has worked with clients using the Collaborative Law Process since 2000.
How to add a father to a birth certificate if the mother objects
But let’s be clear about something. First and foremost, if the biological father is known, he must relinquish his parental rights (along with the mother) before an adoption can begin. Second, whether or not his name appears on the birth certificate, a biological father will still petition for custody.
DNA testing will be required by the court to determine paternity. In the end, a judge will make custody decisions based on a variety of factors, the most important of which is the child’s best interests.
Each situation is unique, and your child custody lawyer will assist you in reviewing the facts and weighing the benefits and drawbacks to ensure that your child has the best possible future. The Passaic County Family Law firm is uniquely positioned to meet your needs and counsel you every step of the way, from custody and support to adoption and parental rights. In Woodland Park, Paterson, Wayne, and throughout Passaic County, NJ, the Montanari Law Group represents unmarried parents.
What can a father do if his name is not on the birth
It’s a myth that putting the father’s name on the birth certificate makes it easier for him to get custody. In reality, whether or not your baby’s father is listed on the birth certificate, he has the right to request custody or visitation at any time.
He just needs to make a request to your local family court. The court’s reaction would include paternity testing if he wasn’t already listed on the birth certificate, but it wouldn’t make the judge more or less likely to give him custody or visitation.
If you are currently receiving state or federal assistance, such as Temporary Assistance for Needy Families, WIC, Section 8 housing, or any other type of assistance—or if you apply for benefits in the future—the government will ask you to name your child’s father so that they can attempt to collect child support payments from him.
Whether or not to include your baby’s father on the birth certificate is ultimately a deeply personal decision. Consider the discussions you’ve had so far with your baby’s father about his plans for involvement after the baby is born.
What happens if the fathers name is not on the birth certificate
You can begin by visiting your local Vital Records office or the DHEC State Vital Records Office in Columbia. You’ll need to provide a certified copy of your marriage license, and you and the child’s father will need to sign an affidavit in the presence of a notary. A certified copy of the birth certificate will also be required.
Staff from the Department of Health and Human Services will examine the situation and assess whether legitimation can be completed. An affidavit will be mailed if the father can be added. Both parents must sign the document in front of a notary and return it along with the $15 amendment fee.
Once we’ve done the review and determined that a father can be added to the record, both you and the father will need to sign the paternity acknowledgment form in front of a notary. The father’s name may be added to the certificate after the form has been signed and notarized. We’ll be able to provide you with a certified copy after that.