In most instances, the mother is the legal guardian of her child. Can a father be made to sign birth certificate even if he refuses? I was told by someone that you have to legally put all the information you know on the register for the birth and if he refuses to sign it some sort of legal process happens. Add message | Report | See all. i filed child support through SRS. The alleged father may or may not be specifically identified on the child’s birth certificate. Paternity can be determined through DNA parentage tests. wannaBe Mon 15-Dec-08 13:05:01. Perhaps he was trying to limit or eliminate financial responsibility for your upbringing (not that he would have the legal power to do so). Are there any laws to protect a child when this becomes an issue? U.S. perspective Your biological father probably refused to sign a voluntary acknowledgement of paternity. If the wrong father is named on the current birth certificate, you can ask for a correction.That will remove the wrong father’s name. This can happen in several ways. For example, when a military father will be deployed before his baby is born, he can contact the Attorney General’s Office to sign an AOP prior to the birth. He questioned it before the birth but still wanted to sign the birth certificate, but now since child support has been established he is saying that he was mislead and is trying to disestablish paternity with results that he got from someone else's DNA without having to do the DNA through the courts 05-24-2015, 09:53 AM #8. For example, if the father is absent, most children will have difficulty attending school, as parental permission is needed from both parties on the birth certificate. Both biological parents, regardless of whether they are married, must support the child. If paternity is proven, the mother can then get her lawyer to argue that the father pays the full cost. AllForHer Well-Known Member. Attending medical providers are legally obligated to give an unmarried mother information on the voluntary declaration of paternity. Making modifications to a birth certificate requires a court order from probate court. If the father is not present at the hospital following the birth, the mother will not be able to list him as the father on the birth certificate in his absence—the father and mother will instead have to sign the voluntary declaration of paternity at a later time, and have the father’s name added to the birth certificate later. If Paternity is established by a paternity test or because your fianc never responded to the child support action, he can be accountable for child support regardless of whether or not he is on the birth certificate. In instances where the man believed to be the birth father is listed on the birth certificate, his name may need to be removed as a consequence of DNA testing. Her father refused to sign the birth certificate because he wanted her aborted and refuses to pay child support. Father refused to sign birth certificate and hasn't seen the child or made contact to see the child in 4 months? Command - Answered by a verified Lawyer . This is because he is no longer, legally, considered to be the father. Photodisc/Photodisc/Getty Images. We are planning to have the child at home so as to not have to fight the doctors and all the drugs they want to pump into a newborn and mom, plus try and fight to get out of the hospital with child no number and no arrest. You are married. He has applied for mediation to have custody of the child and was wondering what his entitlements are if he doesn't wish to sign off on being the father. A presumed father is a father who is ... the father has no rights. Most states have rules about who can and cannot be put on birth certificate if the mother isn't married prior to the child's birth. Long answer: Neither parent has the legal right to exclude the other parent from a child's life. The only way a name can be removed from a child's birth certificate is with the permission of the court. Birth certificates can also be amended. I am the legal guardian of my four year old niece. A father can't be named on the birth certificate unless both parents sign a declaration of paternity and their signatures are witnessed by a hospital official or notary public. Hey, I'm now 22 weeks pregnant and dearest dada has turn around and denies it being his child and refuses to have anything to do with her. I suggest you consult an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Of course he has rights - he's the father, whether he signed the birth certificate or not. UK Family Law Questions Answered by Verified Experts. If he denies its his they will offer a DNA test and if he refuses it will be taken as an admission. For an unmarried couple in the state of North Carolina, can the hospital refuse to let the father add his name on his baby’s birth certificate at the time of birth because he has an expired driver’s license? 23 July 2014 3,664 680 2,894. The court can order a DNA test, and if he refuses he will probably be named the father by default. This is especially so when the father is excluded from the birth certificate. Good luck. Otherwise, the results could end up not only costing the person a lot to prove they are really not responsibly, but also these types of proceedings could end up hurting the child and its future. If a father signs his rights away, he can't be put on the birth certificate. By continuing to use this site you consent to the use of cookies on your device as described in our cookie policy unless you have disabled them. A paternity test was ordered by the court and he refused to show up. The presumption is that he is the father if you are married. He's made no attempt to maintain any sort of relationship with me (friendship included), he's moved away, he refuses to go to counselling with me, he ignores me and doesn't contact me. 1) Both the mother and father listed on the birth certificate sign a form stating that he is not the father. Can a hospital refuse to allow a father’s name on birth certificate due to expired driver’s license? I don't think he can make you put his name on the birth cert, after all if you register the birth on your own then you wouldn't put a name down. Based on what you have said about all the HOSTILE feelings I can understand why she lied. This means that the father is acknowledging that he is the father of the child and will take legal responsibility for the child. 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