How to Remove Father's Name Off Birth Certificate of Child That is Not Mine
My question involves name change laws in the State of: California
My husband is getting plagued by emails from his ex girlfriend. Long story short, they split up for 3 years, she came to him 2 months pregnant, he wanted to make things work, she's a lying, cheating (insert word here), and after the baby came, DNA proved him not the father, which they all knew, and he signed the birth certificate. A few months later, she split. Now, she's married, and her husband wants to adopted the baby. How can we get my husband of the birth certificate? She said she was sending him papers, and it never happend.
How do we go about getting his name off the document and finally getting rid of the (insert word here)?
Re: Name Off Birth Certificate of Child That is Not Mine
he knew the child wasn't his but he still accepted assignment of paternity, right?
How old is the child now? When did he sign the paperwork to acknowledge paternity and exactly, what did he sign to acknowledge paternity?
Re: Name Off Birth Certificate of Child That is Not Mine
If the mother and stepfather want to go through stepparent adoption, and your husband is willing to consent to that, why isn't he simply consenting to that?
Re: Name Off Birth Certificate of Child That is Not Mine
@ jk
Yes. He thought it would work out between them. They weren't married so there's no other legality. The baby was born September 2008. The baby is about 2 1/2 give or take. and he signed the birth certificate a few weeks after I guess. I know with our child, it was need within two weeks.
@ aaron
She cant find the birth father, and my husband wants all rights and his name taken away. we don't know how to get it off, and she says she's sending paper work but its been over three months for that
Re: Name Off Birth Certificate of Child That is Not Mine
your husband is the father. It is he who would relinquish his rights for the purposes of an adoption by another. So, when his ex and her husband start the proceedings to adopt the child, your husband will be given the necessary documents to relinquish his rights. Until then, he is the legal father and he isn't going to be able to simply remove his name from the birth certificate.
Re: Name Off Birth Certificate of Child That is Not Mine
@ jk
On paper he is, biologicly no. No blood relation what so ever. With the adoption, which she said she was sending papers, she said she needed to find the birth father, not my husband, some guy she met at a party. I'm looking at forms, but he's only the father on paper
Re: Name Off Birth Certificate of Child That is Not Mine
being the father on paper is being the father.
Barring fraud in the original paternity process, your husband is the father of the child.
Re: Name Off Birth Certificate of Child That is Not Mine
Quote:
On paper he is, biologicly no. No blood relation what so ever.
The biology of the situation is irrelevant. What matters is the legality. Legally, your husband is the child's father, and legally, he's the one who must consent to the step-parent adoption.
In the area of form ADOPT-200, where you're asked to name the child's birth parents, the names should be those of the parents on the birth certificate. As far as the courts are concerned, since your husband signed the birth certificate, he IS the birth father.
If he cooperates with the adoption, his rights and responsibilities towards the child will be completely severed, and the child's birth certificate can be amended to reflect the new legal parent's name. Read here.