Name Placed on Birth Certificate Without Consent

joenupe · #1 08-11-2005, 11:23 AM

Hi,

I have a court date next week (New Jersey) and when I received the paperwork I noticed the mother had used my last name for the child when she filed. We were never married (one night stand) and paternity has not been established. Is this fraud since I never signed an acknowledgent of paternity? Also, can I make her refile using her last name for the child? Finally, can I force her to show me the birth certificate? Thanks in advance.

aaron · #2 08-11-2005, 11:50 AM

Quoting joenupe

I have a court date next week (New Jersey) and when I received the paperwork I noticed the mother had used my last name for the child when she filed. We were never married (one night stand) and paternity has not been established. Is this fraud since I never signed an acknowledgent of paternity?

It's only fraud if there was fraudulent intent.

Quoting joenupe

Also, can I make her refile using her last name for the child?

Probably not.

Quoting joenupe

Finally, can I force her to show me the birth certificate?

During the course of litigation, you will likely be able to obtain a copy of the birth certificate. You may also be able to inspect the birth record in the county where the child was born.

joenupe · #3 08-11-2005, 11:53 AM

So she can just give the child my last name without my written consent?

joenupe · #4 08-11-2005, 11:56 AM

One last issue, if I am the father by DNA testing, don't I still have the option of chosing whether the child has my last name? Thanks!

aaron · #5 08-11-2005, 12:06 PM

If you are determined to be the father, you should be able to attempt to petition the court to order a name change if you can convince a court that doing so would be in the best interest of the child. However, it is unlikely that a court would find that standard met just because you don't want the child to share your surname.

joenupe · #6 08-11-2005, 12:48 PM

Hi Aaron,
Now I'm really confused. I research earlier post and found this:

Under New Jersey law (New Jersey Statutes Secton 26:8-2,New Jersey Paternity Law wrote:
Within five days after each birth, there shall be filed with the local registrar of the district in which the birth occurred a certificate of the birth filled out with durable black or blue ink in a legible manner. The name of the father shall be included on the record of birth of the child of unmarried parents only if the father and mother have signed a voluntary acknowledgment of paternity; or a court or an administrative agency of competent jurisdiction has issued an adjudication of paternity.
It was from a young lady that wanted to put her child's father name on the birth certificate and was told she just couldn't arbitrarily do it.

aaron · #7 08-11-2005, 02:16 PM

You have not indicated that your name is on the birth certificate. Your prior posts suggested that you do not know if you are named; you probably are not.