How Can an Adult Add a Father's Name to a Birth Certificate
My question involves paternity law for the State of: Montana
I am 38 and my father has never been on my birth certificate. He raised me and never crossed anyone's mind that he needed to be on their. He was the one who enrolled me in school, insurance, everything he needed to do he has done, all without his name on the certificate, and it has never been a problem. My mother has rarely been in my life, how do I go about adding his name now?
Re: How Can an Adult Add a Father's Name to a Birth Certificate
Is he actually your father?
Were he and Mom married when you were born?
Is there anybody else named as father?
Re: How Can an Adult Add a Father's Name to a Birth Certificate
Montana's statute of limitations for paternity actions bars you from bringing a paternity action, but I don't see a similar bar for an action brought by your father.
Quote:
Quoting Montana Code, Sec. 40-6-108. Statute of limitations.
(1) An action may be commenced at any time for the purpose of declaring the existence or nonexistence of the father and child relationship presumed under 40-6-105(1)(a), (1)(b), or (1)(c).
(2) After the presumption has been rebutted, paternity of the child by another individual may be determined in the same action if the other individual has been made a party.
(3)
An action to determine the existence or nonexistence of the father and child relationship as to a child who has no presumed father under 40-6-105:
(a) may not be brought by the child later than 2 years after the child attains the age of majority;
(b) may be brought by a state agency at any time after the first application is made under Title IV-D of the Social Security Act for services to the child and before the child attains the age of majority. This subsection is intended to apply retroactively, within the meaning of 1-2-109, to any child for whom a paternity action was barred or could have been barred by a shorter limitation period. However, in previously barred actions that are revived by this subsection, the father is not liable to the state agency for support of the child.
(4) The father's liability for a statutory debt created by the payment of public assistance is limited to the amount of assistance paid during the 2-year period preceding commencement of the action. This subsection does not limit the subsequent accrual of a statutory debt.
(5) Section 40-6-107 and this section do not extend the time within which a right of inheritance or a right to a succession may be asserted beyond the time provided by law relating to distribution and closing of decedents' estates or to the determination of heirship or otherwise.
(6) After the conclusion of an adoption proceeding under Title 42, a further action to declare the existence or nonexistence of the father and child relationship of the adopted child may not be commenced, except as provided in 42-2-411.
Re: How Can an Adult Add a Father's Name to a Birth Certificate
You Are Blessed ! Your father is a man who realizes that being a father is much more than having your name on a birth certificate.
Re: How Can an Adult Add a Father's Name to a Birth Certificate
Quote:
Quoting
Mr. Knowitall
Montana's statute of limitations for paternity actions bars you from bringing a paternity action, but I don't see a similar bar for an action brought by your father.
I agree with that if there was no presumed father. But if there was a presumed father, subsection (1) seems to suggest that the action can be brought at any time, and does not appear to say that the child could not bring it, unless I’m missing something here. If that’s correct, then it would make a difference whether there was a presumed father established or not.
Re: How Can an Adult Add a Father's Name to a Birth Certificate
You're correct. I was assuming from the post that paternity was never established, but it is possible that somebody other than the biological father is named to the birth certificate.
Re: How Can an Adult Add a Father's Name to a Birth Certificate
Is there some issue of inheritance? In this case, have your father make a will. I don't particularly see why this would be a real big deal to you at this age and stage of life. You can honor this man in every other way without having his name on your birth certificate.
Re: How Can an Adult Add a Father's Name to a Birth Certificate
Quote:
Quoting
comment/ator
I don't particularly see why....
You don't need to see why. It's not relevant to the legal issues.
Re: How Can an Adult Add a Father's Name to a Birth Certificate
I'm not entirely sure whether or not Dad is still alive but if he is, there is another option although it does have a downside.
Montana does allow for an adult adoption which would certainly accomplish the initial goal of making Dad legally Dad; unfortunately (?) that would also make Mom no longer Mom. Still, it might be an option.
OP can read more about that here: http://leg.mt.gov/bills/mca/42/1/42-1-105.htm