But it has come to light that my partner of 2 years in not the father. In the case that both parents are present at the birth, but the parents are not married, it is possible to have the father listed on the birth certificate. In general, if the father has already signed the birth certificate, it is very difficult for that person to claim that they are not the actual father. If he truly wants to become a father to this child, he will want to adopt the child. A few days after the birth of your child, the birth certificate is ready to be picked up at the town hall or mailed to the parents. Roughly 40% of babies in the US are born to mothers who are not married. Technically you can't just put him on the birth certificate he has to be there to sign it in front of a notary. you can't just put anyone's name down. If you are found lying in a court document, you can be prosecuted for perjury, but it is highly unlikely. No it doesnt. For a foundational overview of Illinois paternity laws, check out our article, Illinois Paternity Law Explained. Is this Legal to put his name on birth certificate? Ultimately you are not obliged to enter the father’s name on the birth certificate. In reality, the best option for your children is always a harmonious out-of-court agreement. If the father is not present at the birth of the child, then his name will likely not appear on the birth certificate. A father’s name can be added to the birth certificate at a later time. I had a friend make this fatal mistake six years ago. I would consult with an attorney in your area to best advise you in this regard. Best of luck to you. It is not illegal for a mother not to put the father’s name on the birth certificate. If you are not married the father has to be present when the birth certificate is completed. If the man thinks he is the father and goes along to sign but you know he isn't the father then its morally questionable at least. Because the father is not listed on the birth certificate he has no rights to custody, visitation, or paying child support. The legal document may list the father as someone else, unknown, or left blank. Any lawyer/attorney will tell you not to put the father on the birth certificate unless your married. The birth certificate does not by itself prove that someone is the father. Lying is not illegal. In this article, we explain the implications of a father’s name and signature being on a birth certificate, and what a father’s rights are if he is on the birth certificate of a minor child. I have had a baby in March, and put who i thought was the father on the birth certificate. The best way for a father not listed on a birth certificate to gain legal rights is to establish paternity. However, as outlined above, not doing so does not mean that the child’s father has no rights in respect of the child and it could leave you open to a court application. In OP situation it came back to bite her in the ass. Changing the Father on the Birth Certificate Adjudicating Parentage. I would not advise you to deliberately put down false information on a birth certificate. To change the father on a birth certificate, an individual must first be legally pronounced as the legal guardian of the child, which is called adjudicating parentage. The form will ask for your newborn’s information, mother’s information, and father’s information. Establishing Paternity. Legally, he is the father as married to the mother at time of birth. Before any rights and responsibilities accrue, there must be lawsuit. No doubts about it as my baby is a coloured child, while myself and partner are white. The Biological "person" would be a result of the worst night of my life. Bad enough she had a baby by a man who told her he didn’t want it after all - that same guy belongs to an infamous cult in LA that has wide reach and influence. 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