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by amanda.ohlhauser on July 4th, 2011

amanda.ohlhauser

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Question about birth certificates

My husband had a woman living with him and his roommate Larry, recently she gave birth to her child and asked my husband if he would sign the birth certificate in case DHS pulled the child from her care, he could raise it, he told her no and in the end put her child's last name as my husbands and also put him down as the father of her child and he didn't sign anything. Is what she did illegal and what actions can he take besides letting the director of nurses know and asking them to change the information?

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Answers. 6 helpful answers below.

  • by The Chief on July 7th, 2011

    The Chief

    There are two birth certificates in question here, and you don't specify which.

    There is the "hospital" birth certificate, which is typically just something the hospital gives out that isn't an official state record.

    And then there is the official state record of birth.

    Iowa is a state that, for non-married mothers, says:

    "If the mother was not married at the time of conception, birth, and at any time during the period between conception and birth, the name of the father shall not be entered on the certificate of birth, unless a determination of paternity has been made pursuant to section 252A.3, in which case the name of the father as established shall be entered by the department. If the father is not named on the certificate of birth, no other information about the father shall be entered on the certificate."

    The father may be entered two ways, essentially:

    1. Voluntary Acknowledgment of Parentage or Paternity (in writing)
    2. Paternity Court Proceeding

    If, by whatever nefarious means, she had your husband's name appended to the official birth certificate, then he has every legal right to challenge this and should do so with the aid of an attorney right away.

    Even if this was done illegally by the mother, challenging this legally will likely result in a paternity test. However, if it WAS done illegally, and your husband is proven not to be the biological father, it may be possible to recoup the financial expenses from here which resulted because of the necessity of the legal action to correct this.

    Here are some sites for you to read:

    http://www.idph.state.ia.us/genetics/common/pdf/gen_chapter44.pdf

    http://www.uslegalforms.com/paternity/iowa-paternity-forms.htm

    https://secure.ssa.gov/apps10/poms.nsf/lnx/1501210018!opendocument

    At any rate, consult with an attorney in your area to determine the proper course of action. Most attorney's offer a free hour of consultation in which they will listen to your problem and then tell you what course of action will likely be needed and what it will cost you in the process. Call a couple and set up a time to talk with them. Bring an outline of all the FACTS essential to this issue.

    As a minimum, I'd say write a timeline (dates and times) which outline the following:

    1. When the woman was living with your husband and his roommate.

    2. The woman's name and any other information known about her (residence, phone number, date of birth, etc.)

    3. When the child was born, where the child was born.

    4. When the woman contacted your husband with this request of hers and, as closely as possible, what she said about it. Anything written (letters or email) should be part of this.

    5. When, and how, you two knew for a fact that your husband's name was put on the birth certificate.

    6. Whether or not there is ANY possibility that your husband COULD BE THE ACTUAL FATHER.

    7. REMEMBER TO HAVE YOUR ATTORNEY CHECK SOCIAL SECURITY RECORDS AS WELL! It is entirely possible that she could have a Social Security number issued to the child under your husband's last name. This should ALSO be changed.


    Best of luck.

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  • by bigben on July 5th, 2011

    bigben

    if he did nt sign it then he was none the wiser,let her have her way if you want but if something should arise of it in the future,she would nt have a leg to stand on since he never signed it

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  • by Thriftymaid on July 5th, 2011

    Thriftymaid

    My opinion is that your husband should go to court to have the birth certificate corrected. He could find himself in a bad situation in the future -- many possibilities here. Get the records corrected!!

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  • by Anna44 on July 4th, 2011

    Anna44

    It is very important that your husband get the birth certificate changed. He must go to court and file a petition. The hospital can't just erase it. This is not the type of thing he has to hire a lawyer for, he can go pro se if he has to. See if there is a legal aid clinic in your area to help you. (Obviously, if you can afford to hire a lawyer, that would be the best way to go.)
    The judge will order a paternity test. He will not just change the birth certificate based on your husband's word.
    If this woman ever applies for welfare, the state will come after your husband for child support. I once heard of a similar case, the man did not know that the woman named him as the father (of all four of her kids!) and only found out when a $30,000 judgment was entered against him for delinquent child support payments. He had to go to court and prove the kids weren't his.
    I strongly suggest that you take care of this immediately.

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  • by Athrael on July 4th, 2011

    Athrael

    Lawyer it. It may not be 'very' illegal, most likely a civil 'misdemeanor' It depends on where you live.

    The important thing here is that you need that lawyer to over see legally clearing the man's name as the father. See it may be brought up in a court of law arguing his back child support that is owed. Maybe not a year from now, but if (when?) she goes to collect welfare or food stamps the state will make a federal case out of it (maybe not altogether that far from literally).

    They (the State) will only look at the birth certificate, see his name, see that the child's last name is his and will assume that he is indeed the biological father.

    Its cheaper to get that cleared NOW than it is to be arrested, brought before a judge, sit in jail, pay bail (if any set) then get a paternity test then attempt to get that arrest off his record (Sure it won't have a conviction, but will have an arrest and when it comes to many jobs and the inter-webs they check your arrest record.

    Once it comes before a civil judge to get the man's name removed from the birth certificate and to establish legally that he is NOT the biological father, then you can discuss her 'criminality' and if there is a law against and all of that.

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  • by Shunyata on July 4th, 2011

    Shunyata

    wow, maybe call a lawyer.
    I am sorry for the woman. she seems very afraid, and helpless.
    as long as she makes no child support claims, your husband is fine.
    if she does, well then there has to be a dna paternity test.

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