A birth certificate is a presumption of paternity. Paternity can be challenged depending on the desire to claim paternity or refute it. Remember, whether you sign it or not has implications on you and the child. Read this before you sign one in Michigan.
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Birth certificates are documents or instruments providing you access to your citizenship. It’s a document that gets you to school, it facilitates access to passports, and you need your birth certificate to get a marriage license.
When people marry, they get to have children. On the day they are born, a document certifies presumably their birth to their parents. The document you know as a birth certificate shows the parents name, the exact time, date, and place of birth, and more importantly, it states your full name.
The birth certificate, which serves as the child’s official record of birth, is often created in the hospital where the infant is delivered. It is not employed to prove paternity.
If the woman is married at the time of conception or delivery, her husband’s name will be included as the child’s father on the birth certificate.
If the mother was not married at the time of conception, the baby’s birth, or if the mother had never been married, paternity must first be established before the father’s name can be indicated on the birth certificate.
The Simple Official Implications Of Signing A Birth Certificate
If you are the father, you’re not married to the mother, and yet you sign the birth certificate, you are admitting you are the child’s biological and legal father.
On the face of such a document, you are establishing your paternity immediately after the birth of the child.
You are now taking legal responsibility for the child when you signed the paperwork confirming the child’s paternity. As the child’s biological father, you are therefore legally responsible for providing for the child’s needs. It does not, however, imply that you have legal rights to visitation or time-sharing obligations with the mother of the kid.
You, the unmarried father, must apply for and secure a court order defining your rights to the kid in order to have legal parenting duties, such as access and time sharing.
Here’s the other side of fathers and birth certificates. The father takes a step back and does not sign the birth certificate.
The Father Doesn’t Sign Birth Certificate, What Happens Then
There could be many different explanations for a father to take a step back and not sign the child’s certificate of birth. Maybe he does not want to embrace the legal responsibilities of being a father.
The actual father may not actually be aware of the child’s birth. You can’t locate the father or he might have passed away.
It is also very possible, the mother does not want anything to do with the father. She does not want his name appearing on the certificate.
Whatever the reasons, it is important the parties to the birth certificate know and understand what it means to leave out the father’s name in the birth certificate. The parties must realize the impact of this decision on the future and circumstances of the child.
Having your unwed father’s name on the certificate of birth, gives recognition to the legal relationship he has with the child. It obligates the father to provide financial support for the child. There could be concerns on the mother’s side in terms of the father’s access to his child.
The court can assist in determining the father’s rights. The court can define how much involvement to allow in the father’s life depending largely on what constitutes the best interests of the child.
For a U.S. citizen, not having your father sign your birth certificate during birth can have some effect in your life. You need your father’s name on your certificate of birth to:
- [a] Provide proof of your identity. A child below 18 years of age, needs a parent name indicated in the birth certificate to declare who can sign the paperwork for your passport, for signing up in school, and of course to get your birth certificate.
- [b] Your child may need the birth certificate for child support.
- [c] Your child’s birth certificate is important for claim benefits in the event of the father’s demise.
- [d] It is a proof for claiming benefits under an insurance coverage.
The Truth About Establishing or Challenging Paternity
Paternity establishment is the legal recognition of a man as the child’s father.
Establishing paternity with married parents can be simple. When a child is born during marriage or when the mother becomes pregnant during marriage, the husband naturally is the child’s legal father.
The tricky part is when the parents are unmarried.
Paternity is established among unmarried parents in one or several ways:
- [a] The parents can complete voluntarily a form referred to as an Affidavit of Parentage. This document declares under oath that both parents agree to name the father of the child; or;
- [b] Any of the parents or a prosecuting attorney can request the court to assist in establishing paternity. In most cases, this involves genetic testing or DNA paternity testing followed by a court hearing.
- [c] Opt for legal adoption of the child.
When challenging paternity in a birth certificate, you are claiming either you are in fact not the father or the other person is not the father.
Even if the other parent is unwilling to cooperate, either parent may approach the court for assistance in proving paternity. Paternity can be established by the court upon request by the mother or the Michigan Department of Health and Human Services (MDHHS).
The potential father may request a court hearing to establish his paternity. If parents don’t establish paternity willingly, they might be forced to go to court to do so if their children get public support.
Paternity indicated in a birth certificate can be challenged. Recent changes in the statute on revocation of paternity gives a window of a certain number of years to challenge paternity. The fact that your name may appear on the birth certificate is not the only and last thing that establishes paternity.
Seek counsel to know more about establishing or revoking paternity or you can read our article about “How Long Does A Father Have To Establish Paternity?” for a better perspective.
Another twist to this is having both parents on the birth certificate but they’re not actually married. Go read our article entitled, “What If Both Parents Are On Birth Certificate But Not Married In Michigan?” to know these things can actually happen.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.