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When a child is born out of wedlock, or when a mother is uncertain about who their child’s father is, the wrong father could be listed on the birth certificate. For example, the wrong father could also be listed when someone other than the mother’s spouse is the child’s biological father, but the spouse ends up on the birth certificate due to state law. So, what can either parent do about this?
First, there are a few different ways that a father can get listed on the birth certificate.
When the parents of a child are not married to each other at the time of birth, they will have to sign an Affidavit of Parentage. This document acknowledges who the parents are, and by voluntarily signing this affidavit, it waives the right to a DNA paternity test. The Affidavit of Parentage is typically signed at the hospital after the birth of the child; by signing this document, you take on legal responsibilities related to your child.
Another way the father can get listed on a birth certificate in Michigan is if he is married to the child’s mother at the time of the birth. This makes the mother’s spouse the legal father of the child, even if they are in the process of separating from each other. The biological father will need to go through a few extra steps to certify that he would like to also be the legal father.
Second, depending on how a man is listed on the birth certificate, there will be a different process to remove his name.
If a man were listed on the birth certificate through his Affidavit of Parentage and he later learned he is not the biological father, he can file with the court to revoke his acknowledgement of parentage. This can be filed by either the mother, acknowledged parent, or the alleged father.
If a man is the legal father in any other instances, such as if he is married to the child’s mother but is not the biological father, he must also ask the court to undo his legal parentage, which leads to his name being removed from the birth certificate. He can do this during an existing divorce proceeding, or he can include his complaint with an ongoing child support case involving the child.
You might be thinking, “this sounds pretty confusing.”
These types of legal matters are complicated. There are a lot of different timelines and requirements to follow depending on the legal father’s relationship to the mother and what was going on around the time the child was born. It becomes even more complicated when the mother and legal father signed at birth acknowledging parentage, and then something comes up later that says this was not the case.
It’s important for both mothers, fathers, and ex-spouses to know their rights and understand the deadlines that should be followed for an easier court process. The team at Striegle Law works to ensure that each client has the right information, and most importantly, that the needs of the child come first. You can schedule your free consultation by calling (616) 207-8804 or contacting us here.