What happens if you sign a birth certificate and you are not the father?
Signing a birth certificate when you are not the biological father is paternity fraud. When someone other than the true biological parent is listed as the father. Paternity fraud can lead to big legal and financial consequences, child support, custody, medical decisions.
For more info on paternity law read our article: Illinois Paternity Law Explained.
Paternity Fraud
Paternity fraud happens when a man is falsely identified as a child’s biological father. Here are common scenarios:
- The mother doesn’t know who the father is but claims her partner or ex-partner is the father.
- The mother misleads a man into thinking he is the father so he’ll sign the birth certificate.
- The mother and man both know he’s not the biological father but agree to list him as the father.
Since the birth certificate is a legal document, these are fraud. When a man signs the certificate he’s legally acknowledging himself as the father and taking on the child and all the responsibilities that come with it, including child support.
What Happens as a Result of Paternity Fraud?
For the Non-Biological Father:
- He may have grounds to rescind a paternity acknowledgement.
- A family lawyer should be contacted immediately to discuss options.
- Courts can rescind paternity acknowledgement and change the birth certificate if fraud is proven.
Proving Fraud:
- The man must show the mother knowingly lied about the child’s paternity.
- Evidence can be verbal or written statements by the mother or statements made to third parties who will testify.
Even though paternity fraud is illegal, courts often focus on the child’s best interests not the mother.
Challenging Paternity After Signing the Birth Certificate
Challenging paternity after signing a birth certificate is tough. To protect yourself:
- Don’t sign the certificate if you’re unsure of biological paternity.
- Ask for a DNA test before signing.
Filing motions to dispute paternity acknowledgement and submitting DNA evidence will help your case.
Statute of Limitations
Paternity challenges are time sensitive. Some states have a 2 or 3 year statute of limitations, others allow you to bring a case even after the child is an adult. Act fast to avoid legal problems.
Legal Process to Dispute Paternity
Disputing paternity requires going to court:
- File a formal complaint.
- Request genetic testing to prove biological relationship.
DNA tests are very reliable 99.9% accurate and are key to resolving disputes.
Other Options for a Non-Biological Man Who Wants to Be the Father
If a couple chooses to raise a child together even though the man is not the biological father, the proper process is adoption.
- The biological father must be identified and legally give up his parental rights.
- The adoptive father can then proceed with the adoption process.
This way there’s legal clarity and no paternity fraud.
Navigating the Family Court System
Guardian ad Litem:
In paternity disputes a guardian ad litem may be appointed to investigate and represent the child’s best interests. They look at custody, support and other family court issues impartially and may request paternity tests if needed.
Best Interest Standard:
The court’s primary concern is the child’s welfare. They consider:
- Physical and mental health of the child and parents.
- Each parent’s ability to provide a stable and nurturing environment.
- Current parent-child relationships.
- History of abuse or neglect.
The court’s decision may not be what you want.
Give us a call or schedule a consultation with us for help!
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