What happens if you sign a birth certificate and you are not the father?
When someone who is not the biological father signs the birth certificate, it is paternity fraud. Paternity fraud occurs when someone other than the true parent is declared or identified as such and they then become responsible for providing child support, custody rights, and medical decision-making authority over inheritance matters.
For some foundational information on paternity law generally, check out our article, Illinois Paternity Law Explained.
What is Paternity Fraud?
If someone who is not the biological father signs the birth certificate, it is considered paternity fraud. Paternity fraud commonly occurs in these instances:
- A mother is unsure who the father is but tells a current or former partner he is the father,
- The mother knows when a man isn’t the father but tells him he is, so he’ll sign the birth certificate, or
- Both the man and mother know he is not the biological father, but they agree he’ll sign the birth certificate anyway.
All these instances amount to paternity fraud and are illegal, as the birth certificate is a legal document.
When a man signs the birth certificate, he is acknowledging he is the legal father of the child. His signing indicates he’s agreeing to paternity and the legal responsibility of being a father, meaning the obligation of paying child support.
Therefore, regardless of whether the man is the biological father or not, he has legally established himself as the father.
What Can Happen as a Result of Paternity Fraud?
Non-Biological Father:
- He may have a case to terminate a paternity acknowledgment.
- He should contact an experienced family attorney immediately.
- A court may terminate a paternity acknowledgment and order an amendment to the birth certificate if the father can prove that the mother committed fraud.
Proving Fraud:
- Note: proving a mother committed fraud is not the same as a mother who mistakenly names a non biological father.
- The man must prove the mother knew the man was not the father.
Evidence of fraud could include:
- The mother telling the man after he signed the birth certificate that he isn’t the biological father, verbally or in writing.
- The mother telling it to a third party who is willing to serve as a witness.
Although paternity fraud is illegal, typically the mother will not face any punishment as the court is primarily concerned as to what is in the best interest of the child.
In instances where there is no father on the birth certificate you may want to read our article, What Can a Father Do If His Name is Not on the Birth Certificate?
Challenging Paternity After Signing the Birth Certificate
When signing a birth certificate, it may be difficult to challenge paternity. To make sure one does not become liable for being viewed as another’s child’s father legally, refusing your name on their record of birth and requesting an analysis are recommended steps.
Filing motions that reject accepting parentage voluntarily or getting data from DNA tests will also aid those wanting reassurance about biological parenthood after they have signed the baby’s delivery declaration registry.
Statute of Limitations
Action needs to be taken within two years or less and some states don’t even have a statute of limitations meaning that a suit can still be brought up after the child has reached maturity. Conversely, there are other places with set limits like three years from birth or an allotted number determined by their law system starting at delivery date.
Legal Steps to Challenge Paternity
When disputing paternal parentage, legal requirements must be complied with. This may incorporate DNA testing and court submissions.
To dispute his acknowledged paternity, a man first needs to file an official complaint in the courts, which can then ask for genetic analysis as proof of actual kinship between father and child.
DNA examinations are crucial when challenging paternity because they offer accurate results regarding biological ties between parties involved
Other Options for a Man Who Wants to be the Father
If a man and woman are together and the woman is pregnant with another man’s child, but the couple wants to raise the child as the family, they still should not have the man sign the birth certificate.
For one, the biological father (if still living) could always learn the child is his and decides to file with a court to establish paternity.
Second, the couple would be committing paternity fraud.
The proper legal course of action in this instance is for the man to file for adoption of the child once the child is born. The mother and potential adoptive father would have to find the biological father and notify him of their intent and ask him to legally relinquish his paternity rights to the child.
Navigating the Family Court System
Guardian Ad Litem
In family court, a guardian ad litem is typically appointed to assess any disputes involving child custody, support payments, adoption procedures and the emancipation of minors. They will look into the situation impartially with an aim towards upholding what they determine to be in that particular child’s best interests during proceedings in front of a judge.
To gain this role, one must usually complete specific training requirements as well as adhere to state rules (possibly even including being licensed attorneys), depending on their jurisdiction. Guardians can make demands for paternity tests if needed when assessing such cases relating to families before going forward with possible recommendations for courts judgement.
Best Interest Standard
The best interest standard is a court-applied concept whereby decisions made in regards to the child’s life must be determined through what will provide them with the most benefit. Multiple elements are considered by the court when assessing this such as their physical and mental health, every parent’s capacity for maintaining stability and offering nurturing care, any pre-existing relationship between parent(s)and children involved or potential abuse/neglect history. The main priority of judicial ruling should serve the child not necessarily in line with parental wishes. Thus making sure that all custody arrangements are suitable according to each situation at hand.
.avif)
.svg){kind=small}
