Can my husband sign my son’s birth certificate?

My son’s biological father did not sign the birth certificate. He is almost 4. His dad was there for the birth and fled the state the day after. He hasn’t tried or seen him since the day he was born. Can my current husband (who has been in our life since he was 18 mo) sign the birth certificate? Or could we be penalized for doing so?

✅ Answers

  • Answerer 1

    No, you need to have the birth fathers rights terminated then your husband can adopt him.

  • Answerer 2

    You need to ask a lawyer because people on Yahoo answers tend to give stupid unresearched information.

  • Answerer 3

    I believe it’s Ok as long as he is willing to accept paternity Bettter yet y doesn’t he just adopt him that would just make thing just a little easier

    Source(s):
    Loving mommy

  • Answerer 4

    if the real father protests you could be in some trouble but if it was me I would say don’t ask and don’t tell if he hasn’t been around in four years .. if you know where to find him you can ask him to sign off his rights which would get him out of any child support. then your husband can adopt him. that is the legal thing to do. either way sounds like you found a good one this time so keep him.

    good luck

    joann

  • Answerer 5

    No. A birth certificate is a LEGAL document. Your husband can go to court to adopt your son, but he cannot be put on the birth certificate as the bio father.

  • Answerer 6

    You should ask a family law lawyer; this kind of thing varies state by state, although a friend of mine was in a similar situation and didn’t have any problems with it. Your son’s birth father gave up all his paternal rights four years ago, so there shouldn’t be much of an issue, now or in the future.

  • Answerer 7

    The biological father has to either have his rights terminated or willingly given up before your current husband can do anything. Even though the father has not been there for his son, he still has rights to his child and can decline your husbands request to be the father. In order for your husband to sign birth cert, he has to adopt your child, but still cant do that until bio fathers rights are gone.

    You need to contact an attorney who specializes in adoptions and family law. They can help you in this situation.

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