Can Someone who is Not the Biological Father Sign the Birth Certificate? Learn About Law

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Who can sign a birth certificate? Can someone who is no the father sign? What happens if someone who is not the parent signs a birth certificate?
Attorney Kevin O'Flaherty answers questions about paternity fraud in Learn About Law.
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O'Flaherty Law has convenient offices located in Downers Grove, Elmhurst, Naperville, Tinley Park, St. Charles, and Lake in the Hills, Illinois, serving DuPage County, Will County, Cook County, Lake County and McHenry County. Its attorneys focus on providing quality legal work, above-and-beyond customer service, and affordable rates in the following practice areas: divorce & family law; estate Planning, wills & trusts; probate & estate administration; litigation, civil law & dispute resolution; business representation & corporate law; guardianship, elder law & special needs law; residential & commercial real estate law; immigration; bankruptcy; and DUI law and traffic & criminal defense.
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Пікірлер: 65

@rhondafleming9004 2 жыл бұрын

Mother doesn’t know who the father is but my son was tested and WAS NOT the father but has been in the child’s life and has help raising her. She knows him as Daddy (Father). How much and how long does it take to adopt a child who is now 16 yrs old. Please advise. Thank you

@cristianrufino3472 Жыл бұрын

That's the same question I have my friend my kids are 5 and 6 and I'm only men they know as dad they love me and I love them so much but mom now wants to take them away fr me do I have any rights for them ??

@cristianrufino3472 Жыл бұрын

Did you find an answer

@doloresolvera2273 3 жыл бұрын

If my husband comited paternity fraud with some one in mexico to fixed the child papers what is the course of action to report it and what are the consequences?

@janglover9516 3 жыл бұрын

M girlfriend is separte not divorces and we have new baby together but the ex husband refuse to sign the birth certificate. What can i do am not in the country now to take him to court

@garynewsom8438 3 жыл бұрын

What if you signed the birth certificate and is the only father the child had known,and three years later another man claims he is the father and files for custody and gets it without serving the man on record as the father ,isn't that civil rights violation

@coyyiddo1701 2 жыл бұрын

Can child support still take money out my wages even though I'm not registered on the birth certificate and there's 3 potential fathers

@tealaoxenreider1302 2 жыл бұрын

Can you file the aboption before the babys born?

@cordelrichmond5548 Жыл бұрын

Can I be refunded the money that I contribute to minding that child after I'm been trick to sign

@Tammygoodgirl 3 жыл бұрын

My ex-husband signed the birth certificate yet won't pay child support. In fact a court allowed him out of his obligations and stopped my kids child support and now want to give my ex husband visitation rights without child support.

@chantalmiller8816 4 жыл бұрын

is there anyway to remove the biological father from the birth certificate

@Crowfolk 4 жыл бұрын

I am waiting for my Pops birth certificate to get to me. In the process. I had two biological grandparents who worked for Al Capone and with his gang. My biogical grandmother side shows in my dna list, but not the so called biological grandfathers side. I have however discovered Capone and Shelton in my DNA list with the named list of possible relatives. Knowing what I have been told by direct family members of my biological Grandmother leaves me with deep wonder and a bit of heartache. It was 1931 when my Pop was born. Update-- Illinois cannot locate the original birth certificate for my Pop. I will probably never know who is biological father is/was. All I know for sure is my Pops biological mother. As far as dna goes perhaps one day someone else will be searching for me.

@AmericanGurlz100 5 жыл бұрын

What happens if the biological father doesn’t want to be in the child’s life & someone else does, & that someone else signs the birth certificate?

@Learn-about-law 5 жыл бұрын

The proper course of action in this scenario is to terminate the biological fatehr's parental rights and have the other man adopt the child. You may find this video helpful - "Termination of Parental Rights in Illinois": kzfaq.info/get/bejne/bZ2ihdx_t8i3mWw.html

@ghostofneworleans4511 11 ай бұрын

A man who was not my real father signed my birth certificate. He married my mom and knew I wasn’t his. My question is.. do I have rights to his estate if he passes away ?

@Learn-about-law 11 ай бұрын

Thanks for reaching out to us. We are unable to advise you online. If you call us at (630)-324-6666 or email us at info@oflaherty-law.com, a member of our team will contact you to discuss this further.

@davidrinaldo1367 Жыл бұрын

Hi my name is David Rinaldo. I'm have this problem. A man named John Rinaldo signed my birth certificate at birth. He knew he wasn't my father. My mother knew. Well 12 years later they divorced. Never once did this guy ever do anything for me.

@banksh8t 3 жыл бұрын

do you still answer questions ???

@georgyaferguson8610 4 жыл бұрын

What happens when both mother and “father” commit paternity fraud because they are married instead of going through the adoption process? And now they are going through a divorce. They were not married at time of child’s birth.

@Learn-about-law 4 жыл бұрын

Hi Georgya, thanks for your question. We cannot offer you legal counsel about your situation online, but if you'd like to get into the specifics of your case, please call us at 630-324-6666 to set up a consultation with one of our attorneys.

@davidrinaldo1367 Жыл бұрын

That's what happened to me

@davidrinaldo1367 Жыл бұрын

They we're married when I was born but divorced 12 yrs later

@StackJustice Жыл бұрын

I have questions and need some answers. Anyone able to help?

@Learn-about-law Жыл бұрын

Hi Ray, thanks for the reply. Please don't hesitate to call our main office at (630) 324-6666.

@kaitlinparisi2168 2 жыл бұрын

What if both mother and nonbiological father both knew he wasn't the father but signed the birth certificate at birth anyways because they were together in a relationship? But now 3 years later are no longer in a relationship, but the non-biological dad that signed the birth certificate is trying to get rights and visitation? Is there a way to deny non-biological dad that signed the birth certificate rights to the child?

@amandadawn5122 2 жыл бұрын

I'd like to know the answer to this as well

@hiptay4583 Жыл бұрын

21 years later i'm finding out my biological father never received adoption papers to sign/birth certificate.

@karlamedina426 3 жыл бұрын

What kind of lawyer do you need if you need to change the last name to the biological father

@highpricedkid28 3 жыл бұрын

@Karla Medina Have you found an answer to this☝ question yet??

@javierestradaje69 5 жыл бұрын

What if my soon to be baby mama convinces her new boyfriend to Sine the Birth certificate Just because she don't want me to have a part of my child life. What actions can I take oh by the way I'm in Minnesota

@Learn-about-law 5 жыл бұрын

Thanks for your question, Javier. You should find the following article and video helpful: "Can Someone Who is Not the Biological Father Sign the Birth Certificate?" www.oflaherty-law.com/learn-about-law/can-someone-who-is-not-the-biological-father-sign-the-birth-certificate

@rubydavis8302 4 жыл бұрын

A baby girl is born to a young girl and her boyfriend, but he doesn't sign the birth certificate. 3 to 4 years pass that are no longer together but he sees the child ever so often. To he young lady has to move to another state but the child makes it known she want to know or get to know her dad and mom make arrangements for the dad and daughter to spend time together. Dad knows mom is moving to another state and daughter visit is to be temporary then suddenly dad ask for permission to start her in school and mom is not settled in the new state and agreed to schooling. Time passes that are in contact the child sees mom when Dad comes to visit but there is a rich Uncle who is involved. Unbeknownst to mom the child dad is locked up and she is trying to contact the dad. The uncle finally contacts mom and says the dad says for him to sign the birth certificate and he does and he files for custody of the little girl. Just went to court for final court date a meaning final custody trial the mom says no she is not giving away child what can be done?

@gailconner2288 2 жыл бұрын

What happens if you in a relationship with a guy but not married have a child and the guy you are in a relationship signs the birth certificate. They breaks up 2 weeks ofter the child was born.. and he never had no relationship with the child since the child was 2 wks old. The grandparents raised the child since the child was 6wks old in there home and when the child turn 6yrs old the child mother was murder. Then the allegedly father that on birth certificate take the child from grandparents. But grandparents don't believed that he's not the child bological parent. can the grandparents request for a DNA test?

@ahbilyonahvanaducie 3 жыл бұрын

I'm going through the same thing smmfh

@josephinemaniti6827 3 жыл бұрын

What if the father is unknown and have no idea who he is? How would that come up on court?

@eltonrobertson2697 2 ай бұрын

What if the non biological father signed the birth certificate then dies. Can the actual biological father be put on child support... in North Carolina

@Learn-about-law Ай бұрын

Hi Elton! Unfortunately, our team is not licensed in the state of North Carolina yet, and we don't yet have any North Carolina specific content to share.

@tonymauldenjr2722 4 жыл бұрын

What if you're not the biological and you are the only father he knows since birth ?

@Learn-about-law 4 жыл бұрын

In this case, the best course of action is to legally adopt the child. For more, check out, "The Illinois Adoption Process Explained": www.oflaherty-law.com/learn-about-law/the-illinois-adoption-process-explained

@cristianrufino3472 Жыл бұрын

But what if the mom doesn't want you in there life but you still care for the kids since there the only guy they know as father and us men that love more than anything there kids ??

@bum408 4 жыл бұрын

I am in California. in 2003 I was pushed out of the relationship when she was three months pregnant. She Told police that I had mental problems and I was warned by police to not to contact her by phone, letter or in person; to stop harassing her and her all- of-a- sudden husband,( I'm mentally sound BTW). I received a child support letter December 2019. Her daughter has the guy's last name so, that is paternity fraud, correct? They both knew he was not the biological father. She was lying to the two of us guys and who knows who else she had intercourse with. I have my doubts of my self being the biological father also. Is the guy legally responsible of her daughter? Any one???

@JJ-vp3bd 3 жыл бұрын

Dont sign child support paper. Dont sign contracts

@timfitzgerald9526 4 жыл бұрын

So I found out today that my ex wife put my name on two of her kids birth certificate, I never signed anything.

@Learn-about-law 4 жыл бұрын

Hi Tim, thanks for your comment. We are not able to give legal consultation online, but if you would like to get into the specifics of your case, please feel free to contact us at (630)324-6666 to schedule a free consultation. At this time, we are opening up virtual meeting options to minimize risks to our clients.

@JoyOfJessy 2 жыл бұрын

I’m in a state where I can put any last name on the child. You probably are too. I was born in New York and my father had to sign the birth certificate in order for me to to have his last name. If he didn’t sign it in hospital I would have left with my mothers last name instead of my fathers. I have my fathers but my sister had her daughter in Massachusetts and she was able to put the fathers last name without him being there even though he later signed the birth certificate. Hope that helps.

@devontewilcox4426 Жыл бұрын

If someone else signed the birth certificate can you get child support from the biological father? Would the non father have to be removed and would you have to change the child's name?

@Learn-about-law 11 ай бұрын

Hi there! Thanks for reaching out to us. We are unable to advise you online. If you give us a call at (630)-324-6666 or email us at info@oflaherty-law.com, a member of our team will get in touch with you to discuss this.

@grantdelapaz69 2 жыл бұрын

What if they bio father has not signed the birth Certificate and is not legally bound to a child and you Mary the mother of the child

@lvfan8141 2 жыл бұрын

So I have a long story, I was raped when I was with my current spouse and I didn’t know about it until recently that we did a DNA to my son and found out that my current spouse is not his father. My ex spouse had raped me with my second son as well and that’s how I got pregnant, he had put something on my drink. When we got separated I would allow him to go see our kids and one day he took us some drinks and I had a suspicion that he had put something on the drink but I didn’t notice that anything had happened to me or that I was raped the next day, everything seem normal and 15 years later I find out that my youngest son is not my current spouses and there is no other man in my life and it takes me back to that memory on where my cousin and I had a feeling that he had drugged us through our drinks and that’s the only way possible that I could have gotten pregnant from him because it was not consented. I know I didn’t commit paternity fraud because I didn’t know this had happened. How can I go about this?

@Learn-about-law 2 жыл бұрын

Thanks for reaching out to us. We're sorry to hear about your situation. Please give us a call at (630)-324-6666 or visit oflahertylaw.cliogrow.com/intake/93aa13588d54505ceaf43e956a925ea2 and we can discuss the specifics of your case.

@Hahhaha68 3 жыл бұрын

I look like my moms ex crack head bf and his son by a other women looks like me a lil wtf😂

@johndominiqueferraro6250 Жыл бұрын

Law seems not updated to protect children right to know their genetical father.

@love-wi7oo Жыл бұрын

What if grandmother changed test results when they came back from a home test to make her son the father now they are collecting things for this child hypothetically speaking

@Learn-about-law 11 ай бұрын

Hi there! Thanks for reaching out with your question! What you're asking may be specific to your case, and we're unable to answer direct legal questions online. However, you can reach out to us at 630-324-6666 or email info@oflaherty-law.com. We release new articles weekly, so check back often as we may have another article soon that answers your question!

@MyIronman8 4 жыл бұрын

You can but why would you . Never in hell would you want to do that .

@marshitonme 4 жыл бұрын

What if there no father on the birth certificate and someone wants to be the father. How they do that?

@Learn-about-law 4 жыл бұрын

Hi Marsh, thanks for your question. Here's an article with more information on birth certificates that may help - www.oflaherty-law.com/learn-about-law-subcategories/illinois-birth-certificate-law-articles.

@112585jack 2 жыл бұрын

What if the biological father has given up rights and someone else wants to be the responsible party for the child.

@Learn-about-law 2 жыл бұрын

Hi Krystal, you may be thinking of a legal guardian. For more information on guardianship, check out our article: www.oflaherty-law.com/learn-about-law/responsibilities-of-a-guardian-in-illinois