Father and Birth Certificate

Updated on February 12, 2015
W.S. asks from Albuquerque, NM
8 answers

So my son is almost 6 months old and I'm trying to do his birth certificate.. His father doesn't want to sign it untill we get a DNA test and that's fine but when I was in the hospital I filled out the birth certificate form and put him on it so when I got the form that we sign acknowledge paternity but he hasn't signed it yet can I just take him off since I haven't summited this form or does he have to stay on untill DNA? Because I would like to just take him off since we haven't got the actual birth certificate yet. I don't want to wait for him anymore so can I ask to get him taken off and then when he finally does the DNA test he can be put on? Help please idk what to do and I wanna get my son birth certificate I don't want to have to wait for him thank you please only positive advice.

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So What Happened?

Idk how to quite respond yet and this is all I found. Honestly he has fought me on our son since day one I wasn't to get the birth certificate because I don't want child support I don't want him to have any say he is not being stable right now and I don't want him to beAble to take my son in one of his drunken rages I didn't wanna put all the info out there but oh well and we have got one of those personal DNA tests that I paid for and ofcourse it was 99.9% but I won't hold up in court so I just wanna get him off because I put him on there trying to get him to be a dad but he is just not trust worthy and he hasn't signed the form we have to get notarized to beable to submit for the certificate. So I am wondering if there's any way I can take him off untill he does take me to court? Which he won't cause he has no drive in life but I'm afraid his mother will get him to do something crazy if he has any rights over my LO

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S.S.

answers from Atlanta on

If you want nothing from him? Apply for the birth certificate without his name.

If you are going to apply for any social programs for him? You will have to name the father and a DNA test will have to be done.

Just file and take him to the doctor for a DNA test.

You need to find a lawyer and tell him that you want him stripped of parental rights. This will mean that he will NEVER have a say in how he is raised, moved to a location, etc. BUT you must acknowledge that you will NEVER EVER want financial support from him.

3 moms found this helpful

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W.W.

answers from Washington DC on

W.

Welcome to mamapedia.

I understand you don't want to wait anymore. What is the rush? Why haven't you had a DNA test done?

Consult a lawyer. Ask the hospital where you had your son and see what they say. I've never been in this situation before.

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Z.B.

answers from Toledo on

I would get a DNA test ASAP.

ETA - His name on the birth certificate will only bemefit you. You will most likely be able to get child support. His name on the birth certificate will not guarantee him the right to custody or visitation. That's a whole other matter.

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J.B.

answers from Boston on

Just get the DNA test done. Why delay? It's a simple enough procedure. Why the rush to get a birth certificate? I didn't get copies of my kids' birth certificates until I need them, which for my youngest kids was when I was enrolling them in Kindergarten.

The problem with having a birth certificate with no father listed is that if you and he are no longer a couple at some point and you need to get him to pay child support, he will be able to drag out the process for months and months until you go to court and a judge orders a DNA test, the test comes back, his paternity is confirmed and adjudicated, and then the order goes into place. Months of back and forth, multiple court dates.

Additionally, even if something like the above does not happen and you two are a happy couple (the fact that he's questioning paternity makes me think that's not the case), getting the birth certificate amended later will take time, paperwork, and fees.

Why not just get the DNA test, put this question to rest and move on?

Anyway if there is some reason you don't want to wait for the DNA test, ask the vital records office of the hospital at which you delivered what the process would be and if it's something you can handle through them.

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J.K.

answers from Wausau on

I saw you added a SWH while I was typing.

Okay, if the baby's father is an abusive drunk and you want to keep yourself and the baby away from him, then just submit the form without his name. You will not be able to collect child support*, but he won't be able to come after the baby without having a court-approved test either.

*If you and the baby are on any kind of social services, the state will usually require paternity to be established.

You should probably seek legal counseling too. If he does try to get visitation because of his mother, you may need to go to court to protect your child by request supervised visits.

Original answer:

You don't need him to sign the form to turn it in; you can leave Father blank for now and do a correction later. You do need to try to formally establish paternity though.

A man that doesn't believe a child is his and wants a test will not willingly support the child, and the state won't pursue him until a paternity test is done.

In your shoes, I'd have had the test done before leaving the hospital.If there is no one else that can be the father, I don't understand why you haven't done it in all these months. I'd be ticked off and anxious to be able to shove it in his jerk face.

If you've been delaying because there is a chance he isn't the father, it's time to put on your big girl pants and face the music.

2 moms found this helpful
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G.B.

answers from Oklahoma City on

No matter if he's on it or not he still has legal and moral rights to his child. Taking him off is petty at this point. The only reason to take him off is if he's not his father.

Otherwise this child deserves to have his father's name on record. Plus you'll want child support and they'll pay for the paternity testing and then, once he's found out, they'll go after him and take child support out of his wages before he gets paid.

~.~.

answers from Dallas on

If you truly don't want child support and are sure you will never want it, leave his name off. It will be so much easier for you while your child is younger. I did not list my son's father on the birth certificate and I have no intention of doing so until *maybe* after my son turns 18. But for now, my son's father has no legal right to my son. I can get my son a passport without having to have extra forms with the father signing off. If something happens to my son medically, I don't have to worry about his father trying to stop me. Granted, my situation is a little different because my son's father is Indian and lives in India and the chance of him challenging me on anything is pretty much nonexistent. I've been happy with my decision so far.

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A.M.

answers from Phoenix on

You will likely be in a stronger position down the road if you leave his name on it. You should consult a family law attorney- it sounds like you will need one anyway, to help with paternity testing, child support filings, etc.

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