Well personally I am dealing with a similar situation myself My ex and I were together for 2 years and had a child together. When we separated I did not know it at the time but she was pregnant with our son, I found out about the pregnancy shortly after we separated but she refused to communicate with me most of the time during her pregnancy, she also started another relationship right after we had separated with another man and decided to list him as the father passing it off as his to keep me away from our son. I found out 2 weeks after our son was born that he had been born and she stated he was the father. Our son is now 1 year old and only 2 weeks ago was I finally able to get Everything resolved so I can finally have my parental rights I was denied by her for over a year. Now I told you this story to explain the situation you are in. The truth of the matter is she is in a lot of trouble right now for what she did. You may be too, Her and I both live in Colorado and the laws on it are different here than Oregon but I took the time to research the laws on your state and I noticed the punishments are more severe in your case however you do have options that will help your position a lot. You do have 60 days to file a “Rescind of Paternity” form from the date you and him filed the VAP (Voluntary Acknowledgment of Paternity). failure to do so will make the VAP a legal binding contract and if it does it is possible for you to be prosecuted for it and in Oregon it is a class C felony for falsifying the form which is punishable by up to 5 years imprisonment and/or a $125,000 fine. Now if the biological father wants (or may want in the future) his rights and responsibilities and/or the father you falsely listed on the VAP doesn't, I highly suggest you file that rescind of paternity form ASAP before your 60 days are up. The only way to legally have your current boyfriend listed as the father on the Birth Certificate is for the biological father to agree to let him adopt him and relinquish his parental rights and responsibilities. To answer your question in short: Yes, the biological father has rights and if he exercises those rights, you can possibly go to jail and risk losing your son over it if he wishes to have sole parenting time/custody. Also he does have the legal right to know that he may have a child. So I do suggest you inform him ASAP especially if you are absolutely sure he is the father. The biological father has the same rights and responsibilities to your son as you do. I hope this helps and good luck!

