Topic: If he signed the birth certificate, can he turn back?
June 20, 2019 / By Candy Question:
Ok so I don't need any smart *** answers. I know I did wrong, and you don't know my story. I just had my baby, not sure who the father is. But my fiance signed the birth certificate anyway. Is there anyway, if he isn't the father, that the dad can interfere. Like take me to court and get the baby. How does all that work? Hope you understand this question. And can my fiance opt out if he decides he wants to. Or is he responsible cause he signed the birth certificate
Amelia | 1 day ago
Yes the father can contest paternity in order to attempt to obtain parental rights (eg, visitation) and the attendant responsibilities (child support and other obligations).
Had you been married, in many states, he would still be able to contest paternity, but there is a two pronged problem for him. First, the husband is legally presumed to be the parent. Second, the judge (in many states) must determine that an alternative finding (that the husband is not the father) would be in the best interest of the child.
Still, in this circumstance there is no such hurdle (presumption) or finding necessary. The mere fact that someone signed the birth certificate means nothing. At most, it means that, at the time the document was signed, the fiance believed himself to be the father. In the future he, too, can contest paternity. For example, were there to be a marriage and divorce, the husband could claim he is not the father, and then the DNA would either prove or disprove the finding.
In you particular case, whether the father contests or not is not really significant. However, in the event that future health problems arise, it is very important that you know and confide in someone you can trust who the father is. While a remote chance, family history can be important to diagnosis and care, and in the worst case, organ or other treatments may rely on a match. Even in cases of adoption, these records are often maintained for just such a remote possibility.
I know that you want to hear that the father cannot contest the paternity. If you were to ask, I would suggest that you come clean to your fiance (it will eliminate potential for future complications, and hiding the truth could be worse than the fact itself). Of course, there is always the possibility (indeed, in this world, the probability) that the father will do nothing, preferring not to be held responsible for the costs of childbirth, healthcare, education, and child support.
Hire a family law attorney who can review your case and advise you of your options. The biological father probably has no intention of seeking visitation or even custody rights. You should however, be prepared for that possibility.
Signing a birth certificate means nothing, A DNA test provided by a court of law determines who the legal father is. Yes if there is another "father" out there he can take action to be the legal father.