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Paternity
Does a father need to sign the birth certificate to be listed as the father?

Does a father need to sign the birth certificate to be listed as the father?

Q: Can a mother refuse to put a father's name on a birth certificate?

Yes, a mother can refuse to put the father's name on a birth certificate, especially if the father does not acknowledge paternity. In New York, the father's name can only be included if both parents sign an acknowledgment of paternity or if there is a court order establishing paternity.

Q: What happens if you find out you are not the father?

If you find out you are not the father after signing a birth certificate, you can petition the court to disestablish paternity. This may relieve you of child support obligations and other parental responsibilities. It's essential to act promptly to resolve any legal matters related to paternity.

Q: What happens if you sign the birth certificate and not the father?

If you sign the birth certificate but are not the biological father, you may face legal repercussions, including potential fraud charges. You may also be liable for child support. It's crucial to address any discrepancies through legal channels to clarify paternity and protect your rights.

Full question:

When a baby is born does the father have to sign as the baby's father in order to be listed on the birth certificate. In other words, can a mother list any name on the birth certificate without consent of the father?

Category: Paternity
Date: 04/07/2025
State: New York

Answer:

In New York, if a child is born out of wedlock, the father's name cannot be added to the birth certificate without specific actions. According to NY statute § 4135:

The birth certificate will not indicate whether the child is born in or out of wedlock.
The father's name can only be included if:

Both the mother and the putative father sign an acknowledgment of paternity, which must be filed with the birth record, or
A court order or judgment regarding parentage is filed with the birth record.

Confidentiality is maintained regarding orders related to parentage, and they are not disclosed without a court order.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Is it illegal to sign a birth certificate if you are not the father?

Yes, it is illegal to sign a birth certificate as the father if you are not the biological father of the child. Doing so can lead to legal consequences, including potential charges of fraud. It's important to ensure that the information on the birth certificate is accurate to avoid complications regarding paternity and parental rights.

What happens if you sign a birth certificate and the baby isn't yours?

If you sign a birth certificate and later find out the baby is not yours, you may face legal challenges. You could be held responsible for child support and other parental obligations unless you can legally establish that you are not the biological father. In New York, you may need to seek a court order to disestablish paternity.

Can a mother refuse to put a father's name on a birth certificate?

What happens if you find out you are not the father?

How to establish paternity in North Dakota?

In North Dakota, paternity can be established through an acknowledgment of paternity signed by both parents or by a court order. If the parents are unmarried, they can complete a form at the hospital or through the Department of Human Services. It's important to ensure that paternity is legally recognized for issues like custody and child support.