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  1. #1
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    Feb 2011
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    Default Non Biological Dad is on the Birth Certificate

    My question involves paternity law for the State of: Massachusetts

    Hi All , my question is about getting My name on my baby's Birth Certificate , My GF and myself have been together for 4 years, and now have a baby together ,However she is in the process of getting Divorced but its not final yet. The Soon to be ex husband has refused to sign the affidavit of non paternity that we have requested . So based on Massachusetts law he goes on the Birth Certificate due to them still being legally Married.

    What would be the easiest and least expensive way to remove his name and add mine , if he wont sign the paperwork. I know a DNA test is possible, but id prefer not to spend 500 bucks just because someone doesn't want to sign a piece of paper.

  2. #2
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    Jan 2006
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    Default Re: Non Biological Dad is on the Birth Certificate

    I know a DNA test is possible, but id prefer not to spend 500 bucks just because someone doesn't want to sign a piece of paper.
    That's cheap for a DNA test. 5 years ago it cost $650 around here.


    but that is only part of the cost. You will have the filing fees, fees associated with service of your suit, and a few other fees to pay as well but if you don't think having your child being recognized as yours is worth the cost, well, maybe it would be better if you just left it the way it is.

  3. #3
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    Default Re: Non Biological Dad is on the Birth Certificate

    You really don't have much choice. If you want to establish your paternity, you'll have to go through the court.

    Depending on the age of the child, the court may deny your petition.

  4. #4

    Default Re: Non Biological Dad is on the Birth Certificate

    Quote Quoting Venge97RI
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    id prefer not to spend 500 bucks just because someone doesn't want to sign a piece of paper
    No, you'd be spending closer to $900 to $1200 altogether with testing and court costs, because you slept with a married woman whose husband automatically became the legal father of the child. Now you're going to have to take the long way around.

  5. #5
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    Feb 2011
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    Default Re: Non Biological Dad is on the Birth Certificate

    Thanks for the info everyone.. its kinda what i thought to begin with , but it is what it is at this point. My Girlfriends Divorce lawyer is aware of the situation , and next time the 2 are in court , the lawyer will try to pressure him to sign the non paternity affidavit ( if I'm correct, if he wants to be listed on the Birth Certificate as the baby's father , he would have to pay child support)

    @ jk to me , yes the cost sucks , but i'll do whatever it takes to have myself listed the Legal Father

    @ dogmatique , the baby is only 5 weeks old at this point. i don't think the court would deny it at this point , or at least i hope not.

  6. #6
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    Default Re: Non Biological Dad is on the Birth Certificate

    He may be required to pay child support but if and how much depends on the circumstances but where I come from, a parent not only is expected to pay for the support of their child, they accept the obligation because that is what a mature adult does.

    If the child is actually yours and you do intend on acting to establish paternity, him accepting paternity would be kind of futile since it would only last as long as it took for you to sue to disestablish his paternity and establish yours.

    what I would think should be done is the husband seek a DNA test now to disestablish his paternity. I would never blindly accept paternity nor deny it if there is a possibility it might be my child without first having a DNA test done.

  7. #7
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    Feb 2011
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    Default Re: Non Biological Dad is on the Birth Certificate

    Quote Quoting jk
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    He may be required to pay child support but if and how much depends on the circumstances but where I come from, a parent not only is expected to pay for the support of their child, they accept the obligation because that is what a mature adult does.

    If the child is actually yours and you do intend on acting to establish paternity, him accepting paternity would be kind of futile since it would only last as long as it took for you to sue to disestablish his paternity and establish yours.

    what I would think should be done is the husband seek a DNA test now to disestablish his paternity. I would never blindly accept paternity nor deny it if there is a possibility it might be my child without first having a DNA test done.
    Thanks for the reply jk .

    from what i can see , and past history with the Husband , it seems like he is just doing things to make it as hard as possible for us to move on and have our own lives ( understanding that my GF does have 2 children with the man , and he has regular visitation , but thats a whole other post) I don't feel that we're dealing with a Mature adult , after all , why would someone take responsibility for a child thats not theirs , that they don't want anything to do with. To me it sounds like we're dealing with someone who just wont sign the paper as a matter of spite

    i'm sure he understands that I'm going to fight for the rights that are mine, and by simply not signing the papers , he causes a financial burden on us to just get legal proof of what is already known. I'm sure if a judge was to order him to pay X amount per week in child support he'd quickly sign the papers , but until that time , i'd have to cough up the money for the DNA testing and filings.

    I Suppose i could see if , in fact , he gets a child support order , and if he in fact pays it , just save that money for the DNA test ( yes that was tongue in cheek)

  8. #8
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    Default Re: Non Biological Dad is on the Birth Certificate

    With all due respect, perhaps Husband thinks it's a tad off-putting that Wife has had a child with someone else before the divorce is even final.

  9. #9
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    Default Re: Non Biological Dad is on the Birth Certificate

    Just to toss this out there;


    are you 100% this is your child? I'm not trying to start anything and obviously do not know the situation but is there any chance the other guy thinks the child is actually his?

  10. #10
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    Oct 2006
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    Default Re: Non Biological Dad is on the Birth Certificate

    Quote Quoting Dogmatique
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    With all due respect, perhaps Husband thinks it's a tad off-putting that Wife has had a child with someone else before the divorce is even final.
    Still though, apparently they have been separated for at least 4 years, so its really kind of foolish on the stbx's part. He does risk getting ordered to pay child support on a child that is not his. Most people would be on here asking how to disestablish legal paternity in a situation like that one...not refusing to sign the paperwork to do so.

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