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adopted or not?6

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ittybit

Junior Member
What is the name of your state? Texas If you are not the biological father and you sign the birth certificate at birth of a child, who's biological father signed away his rights, is this considered a legal form of adoption? This couple is still unmarried and several years have now passed and the relationship is in trouble. Will this birth certificate signing dad have any rights if they split up? And will he be ordered to pay child support?
 
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nextwife

Senior Member
Huh?

Back up. A man signed the paternity acknowledgement at birth, but he wasn't actually the biodad? Then how could another man have signed away rights? Was paternity subsequently established by DNA and THEN he signed away rights? Please explain what happened WHEN.
 

ittybit

Junior Member
boyfriend signed birth certificate

Texas-Ok, Bio-dad gave up rights and boyfriend signed birth certificate to give child, boyfriend's last name. Now seven years later, bio-dad has not been in the picture, boyfriend has been child's father and relationship with mother is on the rocks. Does the signing of the birth certificate give this acting father any rights to this child if this relationship does not last?
 

nextwife

Senior Member
Biodad was never the legal father to begin with? BF signed the birth certificate and paternity acknowledgment and has been the acting father all this time?

I am presuming biodad was NEVER established as the legal father. What exactly do you mean by "he signed off his rights"? How did he do that?

Also. no adoption occurred. Boyfriend is the legal dad, with matching legal dad responsibilities. If mom gets custody, dad can be ordered to pay CS.

BFriend IS the legal father, and in that case, and has the right to file for custody, same as mom. Or file for joint physical custody.
 
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ittybit

Junior Member
Paternity fraud?

Tx - I don't know how Bio-dad signed off his rights or if that statement is even true. However, if boyfriend is now considered the father, and the mother and he(boyfriend) separate and she tries to sue for child support, isn't that considered Paternity fraud?
 

nextwife

Senior Member
Signing a birth certificate if one knows they are not father is the act that is paternity fraud. Doing so established THEM as the father. That's what the whole point of the document is!

The child has been denied having their biodad as their dad because the person who signed the birth certificate accepted the responsibility of being the father. They DON"T get to just now walk away from the CHILD because they don't want a relationship with the mom. If they did not want any legal responsibility, they should never have signed the birth certificate/paternity acknowledgment in the first place.

However, as he is legally Dad, he can file to share custody or have custody.
 

ittybit

Junior Member
no doubt

Tx - There is absolutely no doubt that this father loves this child. The problem is the mother. She will keep the father away if the relationship ends. The father would rather stay in a horrible relationship to be able to stay with the child than to be separated from child. I just wanted to know what his rights would be to the child if the mother ended the relationship since he knows he is not the bio-dad, and how much right did signing of the birth certificate hold for him. Thanks for your feedback!
 

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