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Signing Birth cert

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nanny0324

Junior Member
What is the name of your state?Mass:

my 18 year old son is about to become a "father' according to his x girlfriend. there is question as to whether it is his or not, but she refuses a dna test. Can he ask for one and should he sign the birth cert if he is not positive he is the dad. what happens if he does. I was told if he does, he assumes total financial responsability for the child until the child is 18 even if he is not the real father.I have been trying to get some legal advice with no avail. thanks, pam0324@aol
 


nanny0324 said:
What is the name of your state?Mass:

my 18 year old son is about to become a "father' according to his x girlfriend. there is question as to whether it is his or not, but she refuses a dna test. Can he ask for one and should he sign the birth cert if he is not positive he is the dad. what happens if he does. I was told if he does, he assumes total financial responsability for the child until the child is 18 even if he is not the real father.I have been trying to get some legal advice with no avail. thanks, pam0324@aol
He should sign nothing and get the dna test. I would. Without that DNA test he may only have to pay child support. Until he is proven the LEGAL father neither him nor you will have any rights to that child including visitation. I have heard of cae where the man knew he wasnt the father but because he took the initial responsibilty he had to continue to be responsible for the child. I have only heard of these cases, that doesnt mean they do or do not exist.
Chapter 46: Section 3C Children born out of wedlock; information regarding benefits and responsibilities of parentage; voluntary acknowledgment of parentage

Section 3C. Prior to obtaining the report required by section three, if a birth is of a child whose mother was unmarried at the time of birth or conception, the administrator or person in charge of a hospital or similar institution in which such birth occurs, or his agent, shall: (a) provide written information, furnished by the IV-D agency as set forth in chapter one hundred and nineteen A, to the mother, and to the putative father if he is known to the administrator or person in charge of the hospital, regarding the benefits and responsibilities of parentage, including the availability of services to establish paternity, and shall provide an application for child support enforcement services; and (b) provide an opportunity for the child's mother and putative father to complete a voluntary acknowledgment of parentage pursuant to section eleven of chapter two hundred and nine

Maybe this will help, if he says somrthing to the hospital about not being certain hes the father I would think they wouldnt make him sign it. So i would hold off if I were him.

http://www.lawlib.state.ma.us/paternity.html click here for more mass. paternity laws...it may help.
 
Last edited:

Phnx02

Member
nanny0324 said:
What is the name of your state?Mass:

my 18 year old son is about to become a "father' according to his x girlfriend. there is question as to whether it is his or not, but she refuses a dna test. Can he ask for one and should he sign the birth cert if he is not positive he is the dad. what happens if he does. I was told if he does, he assumes total financial responsability for the child until the child is 18 even if he is not the real father.I have been trying to get some legal advice with no avail. thanks, pam0324@aol
A DNA test cannot be performed until the child is born. Yes, in some instances if a man signs the BC without proven paternity, and it's later determined he isn't the bio father, he may still be required to pay CS because he accepted parentage when he signed the BC. I hope that if your son is the father, you have taught him well....to take full responsibility for his actions.
 

misslawli

Member
DO NOT SIGN!!! If she is refusing to "allow" a DNA test, that is an immediate red flag. Just because she "refuses to allow" a DNA test doesn't mean he can't getr a court order for one. He does however need to understand the ramifications of this. If he is proven to NOT be the father he can walk away and have nothing to do with her. If he is that sets forth the process for Child support and visitation. He will have to pay support but when there is a CO for visitaion and custody she has to abide by it, or be in contempt. Plus If she is wanting him to sign with out a test odds are she doesn't know who the father is and just wants someone to go after for child support. If he doesn't sign and she files for child support he can ask that the court order the test. To be honest though, It would probably look better in the eyes of the court if he filed to establish paternity the day after that baby is born.
 

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