If a mother does not want to put the father’s name on her child’s birth certificate, can a state get a court order for paternity?

My daughter is pregnant and has applied for badgercare and listed the baby’s fathers name (he lives out of state). Can the state get a court order for paternity if she doesn’t want to put him on the birth cerficate? She is concerned since they already know his name.

Asked on June 13, 2012 under Family Law, Wisconsin


Brad Micklin / Brad M. Micklin, Esq.

Answered 8 years ago | Contributor

Yes, if she names the father on a court pleading, whether or not it's on the birth certificate, the state can seek a paternity test. The state has a greater interest in determining whether or not there is another parent to provide support and well seek a paternity declaration for the natural father.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.