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  1. #1
    Join Date
    Nov 2005
    Location
    Belleville, Ont.
    Posts
    5

    Default Fixing Paternity

    I've been argueing with my friend about something and i would like it settled. She has a three yr old son, was never with the father. she is with a great guy and they have another baby together. she was forced to go to court for support because she was on welfare, and that is the only documentation that states who the child's father is, not on birth cert or anything. the guy has never seen or wanted to see the boy, and he has been raised his whole life by the man my friend is marrying (this fall).
    my friend told me that one can go back and add the fathers name to the birth cert after the fact. the boy also has her last name. she wants to put her fiance on the birth cert as his true father, and apply for a name change for the boy. her story is going to be that her and his father weren't close when he was born, so he's not on the birth cert and has her last name, but now because they have another child and they are getting married they want to fix this. she doesn't think there will be a problem. my concern is that the previous and only court case with the childs natural father may be found out and become a problem (obviously). the case was very far away from where she lives now, nobody she knows, knows the boy has a diff. father and she doesn't want anyone to know. what needs to be done to change the birth cert, and do you think that those court papers will be discovered? i don't know if they do a check on these kinds of things or not. if it weren't for the fact that she went to court with him (the sperm donor) i would think this a fab idea. if they both go in agreeing with the story and they both claim he's the father, should there be any complications? i dont want her in trouble.
    thank you.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Paternity Law

    Normally after there is an adjudication of paternity, the birth certificate is updated to reflect the court's finding. If that doesn't happen in Ontario, or didn't happen in this particular case, it may well be possible to have a non-father added to the birth certificate by filing a fraudulent affidavit. There certainly could be complications, first if the fraud is detected, and second if the natural father later seeks to enforce his rights. The better path would be step-parent adoption.

  3. #3
    Join Date
    Nov 2005
    Location
    Belleville, Ont.
    Posts
    5

    Default

    are there any scenarios you can think of where the courts would find the info from the previous case? would they ever look for it? what are the penalties of this type of fraud?

  4. #4
    Join Date
    Nov 2005
    Location
    Belleville, Ont.
    Posts
    5

    Default

    Can anyone help answer this? (above)

  5. #5
    Join Date
    Dec 2005
    Location
    Texas
    Posts
    181

    Default

    The court will more than likely find the previous order. Even if they don't, the bio dad can sue mom for child support he has paid since according to the BC, he was not the child's "true father". Even if he initially cooperated, he could always change his mind. When this happens, the court will definatly find out about the previous order and you would most likely be charges with criminal fraud. As far as the punishment, it depends on many factors, previous criminal history all the way down to what kinda of mood the judge is in on that paricular day. What you need to do is have you BF legally adopt the child after you are married, especially if the real dad is in agreement, then the BC can include his name

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