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Non biological father signing a birth certificate

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Latest post Wed, Apr 21 2010 10:15 AM by Drew. 5 replies.
  • Sun, Apr 18 2010 11:34 PM

    Non biological father signing a birth certificate

    My brother ex girlfriend who was married at the time got pregnant by my brother. She then took back off to her husband and had the baby in TN. Her husband knowing that baby was not is biological child sign the birth certificate and the baby now has his last name. They moved back to Florida and she is now wanting to get my brother for child support. But he has never met the baby and the baby will be 2 in August. My question is by her husband signing the birth certificate can she still go after my brother for support or by her husband signing the birth certificate is that like a legal form of adoption? They had paternity test to rule out the husband being the father, my brother has not had one yet.

  • Tue, Apr 20 2010 1:11 PM In reply to

    • kath21
    • Top 25 Contributor
    • Joined on Sat, Apr 18 2009
    • CA
    • Posts 4,451

    Re: Non biological father signing a birth certificate

    Husband of a mother is assumed to be the father of her child. esp when he signs the BC!

    To collect child support from bro would be quite a legal ordeal; refuting the husband as father is complicated and expensive.

  • Tue, Apr 20 2010 1:15 PM In reply to

    Re: Non biological father signing a birth certificate

    Her husband is the legal father. Therefore mom cannot get child support from your brother unless her husband legally disputes paternity and if the child is 2 it may be too late to do this. Your bro should start googling statutes for TN or talk to a TN family attorney to see what the time frame is in TN to dispute paternity. Once a legal father has been declared, you often cannot back peddle out of it 2 years later. Her husband may be legally stuck as the father.

  • Wed, Apr 21 2010 10:15 AM In reply to

    • Drew
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,431

    Re: Non biological father signing a birth certificate

    While Jsmitten is likley right--the laws inTN are probably in a state of flux on such matters. The old view was to protect the child against being labeled and to essentially cast in concrete a child born of the marriage as a product of the husband even if science proved otherwise. Some states allow for late debates among unmarried parents, less so among married parents.

    The mother may or may  not have a right to seek to name a new dad at this late date. I believe Jsmitten practices in FL --he is generally right on target, but even so, brother would be wise to triple check with skilled counsel in the relevant state where mom seks to addres alternate paternity.

    As an aside--I suspect it is ultra hard for the husband even if he is now the ex or estranged husband NOT to provide full CS to any child born of the marriage period as I suspect it it now far too late for him to dispute same!


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