Is an Acknowledgement of Paternity reversible if both parties knowingly perjured themselves on it?

If my ex-fiance and I knowingly perjured ourselves when signing the Acknowledgement Of Paternity because he is not the biological father of my son, and he has now decided he wants to be taken off the birth certificate and all other official forms, is that possible for him to do? And if it is, what kind of trouble will we get in for lying on a legal document and sworn statement signed in front of a legal aid at the hospital directly after the birth?

Asked on July 7, 2012 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You actually have two parts to your question.  The first is how to get his name off of everything.  To be officially declared "not the dad", one of you would need to file a suit called a "suit affecting parent-child relationship", also known as a SAPCR.  Presumptively, he will be considered "dad".  But that presumption can be reversed by conclusive evidence, like DNA testing. 

The second part of your question is regarding the legal documents and personal liabiity for lying in them.  If you lied with intent to harm or defraud someone else or an agency, then you have a bigger chance of getting into trouble.  This would be in a situation where you signed off and got free benefits because you signed the affidavit incorrectly.  Practically speaking, very few people have gotten in trouble for saying someone is dad when they are not-- because the intent is usually just to give the child a name, not to get anything extra from anyone.  In fact, once a second parent enters the picture, some governement benefits actually decline. 

At this point, your focus should really be setting the record strait and preparing your child for the possibility that real dad may be entering the picture soon-- because the court could potentially involve the biological dad in the SAPCR discussed above.


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