Can Child Have Father's Last Name on Birth Certificate
My question involves paternity law for the State of: Oklahoma
Im having a daughter pretty soon in the next few days Im not married to the mother, but I want to be there for my daughter. She wants a DNA test which I really don't care about, but I do want my name on the Birth Certificate and I am going to be there and I also want the child to have my last name.
Do I have any rights as a father since Im not legally married, does taking the DNA test affect paternity or my daughter having my last name, she has been to the hospital for other complications and they keep telling her that she may have to have her last name, since we are not married. Please i really neeed some assistance thank you.
Re: Can Child Have Father's Last Name on Birth Certificate
My experience was that it did not matter that I wasn't married. My child was given the last name I chose. Now I don't know if they are saying that being unmarried means the mother gets to pick the last name and you can't force it to be yours - I'm not familiar with that type of scenario.
As for assessing your rights, you need to find out if there is a putative paternity registry (I believe it is called) for your state. If there is, register that you believe you are the father of this child. States are different but I know of a case where I am where the mother was allowed to place the child for adoption without the consent of the father because he only had 3 days from the date of birth to file with the registry. He's been fighting for years and still can't get his child back.
DNA test - in my state if there is a dispute of paternity the state will have a test performed. If the person tested is the father, they have to reimburse the state for the cost of the test. In my state, a DNA test was not required. The father not married to the mother has someone from the hospital come to the room and he has to call and listen to a recording, look at some paperwork and sign a voluntary declaration of paternity.
Personal suggestion - if she wants a DNA test and you are the least bit suspect that you might not be the father, get the test. You might be really excited about having a baby and what the future holds but you could end up with a lot of drama in the future. Depending on your state, you might end up losing your rights later if DNA proves you aren't the father and at that point, you will be attached - the child will be attached and it will be a huge mess. It seems odd to me that she'd suggest testing if she wasn't already doubtful that the child is yours.