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  1. #1
    Join Date
    Jun 2006
    Posts
    8

    Default Removing fathers name from the Birth Certificate

    I was with my ex boyfriend when I became pregnant. Around the same time I conceived, I had been with another man once. My ex was aware that there was a small possibility that my son wasn't his, but signed the Affadavit of Paternity, and was put on the birth certificate anyway. He told me he wanted to be my sons father no matter what. He has not helped me at all financially and after we split up, he told me he wanted a DNA test done. It was done this week and we are waiting on results. If he is not the father, how would I go about removing his name from the birth certificate? I'm also very concerned that I'll go to jail because he will not admit to knowing of this possibility. Will I go to jail? I live in New Jersey if that helps..

    EDITED to add: the other possibility of the father does not know anything of the situation, and that my son is not 5 months old.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Removing fathers name from the Birth Certificate

    New Jersey law provides,
    Quote Quoting Excerpt from Section 9:17-41 - Establishment of parent-child relationship; termination of natural parental rights; action.
    In accordance with section 331 of Pub.L.104-193, a signed voluntary acknowledgment of paternity shall be considered a legal finding of paternity subject to the right of the signatory to rescind the acknowledgment within 60 days of the date of signing, or by the date of establishment of a support order to which the signatory is a party, whichever is earlier.
    So the first question is whether he can meet that deadline. If not, he will need to bring a legal action to set aside his status as father, which would be more difficult, time-consuming, and less likely to succeed.

    I personally don't think you need to worry about being charged with anything.

  3. #3
    Join Date
    Jun 2006
    Posts
    8

    Default Re: Removing fathers name from the Birth Certificate

    So you believe it will be difficult to remove himself from the birth certificate, even if he's not the biological father?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Removing fathers name from the Birth Certificate

    He has to establish a valid legal basis for removing himself. The legislature chose not to make that easy.

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