[adrian783]

my boyfriend was told that he was the father of his ex girlfriend's son. He was there for the entire pregnancy and signed the birth certificate at the time the baby was born. He has taken 3 paternity test, two home test and one legal that was performed at a hospital. All 3 partenity test proved that he was not the father of the child. After the legal paternity test, she acknowledge that he was not the father of her son. He asked her to remove his last name from the birth certificate. It has been a year now, and she has hired a lawyer to have the other potential father take a paternity test. Her lawyer said that they will not remove my boyfriend's last name from the birth certificate until it is proven that the other guy is the biological father. Is there anything else that he can do to expedite the process and not have to wait until they serve the other guy? can she possibly file for child support if she doesn't remove him from the birth certificate?

[Mr. Knowitall]

Did he sign an acknowledgement of paternity? He can bring his own legal action to revoke the acknowledgement, but a "signed acknowledgment of paternity entered under this Act may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenging party." 750 ILCS 45/6(d) He would be wise to get the help of a lawyer to pursue that remedy.

[adrian783]

Yes he signed acknowledgement of paternity. Thanks for your advise!