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  1. #1
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    Default What to Do if the Wrong Father is Listed on the Birth Certificate

    My question involves paternity law for the State of: Indiana

    This is a bit lengthy, but it is a complicated situation. In October of 2013, I began dating a guy. In February of 2014, I became pregnant. In March of 2014 he went to visit his family (he is not originally from the US) and his friend informed me that he was married. I had no idea he had a wife (which was easy for him to hide since he spoke a different language and she was from a different country). I was 8 weeks pregnant when his friend told me. When he returned we broke up.

    Then in May of 2014 I began talking to my ex. We had been together for 4 years, and began dating again. In October of 2014 we got married.

    When my daughter was born my husband was assumed to be the father. We never signed anything, but by default he is on her birth certificate and has decided he does not want to be in our family. We are currently in the process of divorce.

    At the time I thought I was doing what was best for my daughter. I didn't want her to grow up without a father. Her bio dad told me to get an abortion when I told him I was pregnant. He has never wanted her. Her bio dad has met her twice. She is 9 months old. I want her bio dad to be on her birth certificate. At the time I didn't realize the implications of my actions. I thought my husband would be a good father. Of course I planned on telling her who her real dad is, but I wanted my husband to be a father to her since her real dad won't.

    Anyway, my question is can my husband disestablish paternity and then her bio dad establish paternity? I must also mention that her bio dad would not willing sign an acknowledgement of paternity, so is there a way to get a court order for that? I want her bio dad to eventually pay support.

    Please no judgemental comments. I feel like a terrible mother as it is and am only trying to correct my mistake.

  2. #2
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    Oct 2006
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    Default Re: Wrong Father on Birth Certificate

    Quote Quoting slb2014
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    My question involves paternity law for the State of: Indiana

    This is a bit lengthy, but it is a complicated situation. In October of 2013, I began dating a guy. In February of 2014, I became pregnant. In March of 2014 he went to visit his family (he is not originally from the US) and his friend informed me that he was married. I had no idea he had a wife (which was easy for him to hide since he spoke a different language and she was from a different country). I was 8 weeks pregnant when his friend told me. When he returned we broke up.

    Then in May of 2014 I began talking to my ex. We had been together for 4 years, and began dating again. In October of 2014 we got married.

    When my daughter was born my husband was assumed to be the father. We never signed anything, but by default he is on her birth certificate and has decided he does not want to be in our family. We are currently in the process of divorce.

    At the time I thought I was doing what was best for my daughter. I didn't want her to grow up without a father. Her bio dad told me to get an abortion when I told him I was pregnant. He has never wanted her. Her bio dad has met her twice. She is 9 months old. I want her bio dad to be on her birth certificate. At the time I didn't realize the implications of my actions. I thought my husband would be a good father. Of course I planned on telling her who her real dad is, but I wanted my husband to be a father to her since her real dad won't.

    Anyway, my question is can my husband disestablish paternity and then her bio dad establish paternity? I must also mention that her bio dad would not willing sign an acknowledgement of paternity, so is there a way to get a court order for that? I want her bio dad to eventually pay support.

    Please no judgemental comments. I feel like a terrible mother as it is and am only trying to correct my mistake.
    You need to disestablish your husband's paternity as part of your divorce. Once that is done, you can file to establish the bio-dad's paternity.

    However, since bio-dad is from another country, has a wife there, and is likely to return there, the odds of you being able to collect child support, could be slim.

  3. #3
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    Default Re: What to Do if the Wrong Father is Listed on the Birth Certificate

    Quote Quoting slb2014
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    We never signed anything, but by default he is on her birth certificate and has decided he does not want to be in our family.
    Somebody prepared and submitted an application for a birth certificate, identifying the parents and giving the child her name. Otherwise, the child would not have a birth certificate.

  4. #4
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    Default Re: What to Do if the Wrong Father is Listed on the Birth Certificate

    Quote Quoting Mr. Knowitall
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    Somebody prepared and submitted an application for a birth certificate, identifying the parents and giving the child her name. Otherwise, the child would not have a birth certificate.
    Its pretty automatic. The hospital handles it.

  5. #5
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    Default Re: What to Do if the Wrong Father is Listed on the Birth Certificate

    Quote Quoting llworking
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    Its pretty automatic. The hospital handles it.
    and they get the information from where?

    the truth of the matter is; the child is not given ANY name other than what the informing party gives to the nurse or administrator. Not only is the first name not automatic, neither is the last name. They ASK for all of that info when they are standing there asking the mother and possibly the father for all the information shortly after they said:

    we are now going to fill out the info for the birth certificate....

  6. #6
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    Default Re: What to Do if the Wrong Father is Listed on the Birth Certificate

    Quote Quoting jk
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    and they get the information from where?

    the truth of the matter is; the child is not given ANY name other than what the informing party gives to the nurse or administrator. Not only is the first name not automatic, neither is the last name. They ASK for all of that info when they are standing there asking the mother and possibly the father for all the information shortly after they said:

    we are now going to fill out the info for the birth certificate....
    In Indiana they ask the mother if she is married, and then inform her that her husband has to be listed as the father. While I agree with you that mom could chose any name she liked for the child, the social workers at the hospital tend to just put in the married couple's last name without giving the mothers any options to choose something different. If one does not know that they have the right to do something differently (like listing no father at all or choosing a different last name) then one tends to get bulldozed over.

  7. #7
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    Default Re: What to Do if the Wrong Father is Listed on the Birth Certificate

    Quote Quoting llworking
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    Its pretty automatic. The hospital handles it.
    Not so automatic. When I had my son admin came in to collect all of the information for the birth certificate, including the name of the father even though I was married. My husband actually gave them all of the info and signed it because I was still pretty out of it.

  8. #8
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    Default Re: What to Do if the Wrong Father is Listed on the Birth Certificate

    Quote Quoting slb2014
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    Anyway, my question is can my husband disestablish paternity and then her bio dad establish paternity?
    As you're in the process of divorce, you and your husband should be able to disestablish paternity as a part of that process. Talk to your lawyer.

    You and the biological father have a two year period to bring a paternity action and to try to overcome the presumption of paternity; after two years a limitations period kicks in that, although possible in many cases to surmount, will complicate the action. In the alternative, if you successfully disestablish paternity in the divorce case, you may be able to establish the biological father's relationship with an acknowledgment of paternity, but you should ask your lawyer for guidance on how to ensure that the order disestablishing paternity is properly conveyed to the department of vital records such that they would be willing and able to accept the acknowledgment.

    If your husband wants to maintain his paternity, there's a strong chance that he will be able to do so.

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