adding a father to birth certificate and name change
Question Details: I will be giving birth to my child here in Michigan before I am married to the child's father. I do not want the father listed on the original birth certificate and am choosing for the child to take my last name. Can this be altered after marriage? What happens to the original birth certificate?
Thanks for the email in relation to your intesting case. My firm Dailey Law Firm PC of Royal Oak Michigan www.daileylawyers.com has handled many cases like yours. We have achieved a great many successes for our clients facing similiar legal challenges. If the father of the child is at all interested in being active in the child's life then you will be unlikely to be able to prevent that. You will be asked if the father is to be listed on the birth certificate and you can give the child your last name without much problem. Until the father is determined by DNA testing to be the father he will have no rights to any involvement with the child. However, as I said if the father wants to be involved you will be unable to prevent him from being determined the father and from providing certain parenting time assuming that there are no issues of safety such as drug and alcohol dependence etc.
If you would like more information please contact me Brian Dailey www.briandailey.com at my phone number 866 66LAWYER. Dailey Law Firm PC of Royal Oak Michigan offers to all clients a free initial consultation. You can also log onto to my legal talk radio show website www.thelawshow.com and listen to one of the many interesting pod casts in a variety of areas of law. You can also tune into the law show every Sunday from 2:00 PM to 3:00 PM on News Talk 760 WJR AM the Great Voice of the Great Lakes. You can also live stream the law show from www.thelawshow.com/live-video. Thanks again and I look forward to meeting you and assisting you in achieving your legal goals. Good luck Brian Dailey
I think you need to speak with a lawyer about some of the choices you are talking about. By not listing the father on the childs birth certificate you may be creating a need for a paternity action to have the father acknowledge paternity at a later date. You will also need to have the birth certificate amended if you decide that the child should carry the father's name rather than yours.
You are also ignoring the rights of the genetic father by the approach you want to take regarding the naming of the child and omitting his name from the birth certificate. This might cause him to file a court action to straighten out the records to reflect the fact that he is the father.
You should also consider how this might affect the child. Could what you are proposing have an effect on the childs relationship with playmates and/or classmates who might question the differences in the names of the child, the mother, and the father.
Without knowing the reason for the choices you are contemplating I can only point out what I perceive to be problems that could arise from the choices you are considering. Have you discussed this with your parents? They might have some thoughts that you should consider.
Good luck.
Have you given any thought to the possibility that when the child gets older he or she may have many questions about the fact that their name is different than that of the genetic father and may have a difficult time explaining this to their playmates and classmates.
I think you should discuss this carefully with the attorney you select and make some decisions that will have a lesser impact on the child. The course of action you are talking about will also cause a lot of stress in the relationship you have with the genetic father.