Can the identity of the father on a birth certificate be left blank?

UPDATED: Oct 1, 2022

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Can the identity of the father on a birth certificate be left blank?

I live in CA; my legal husband lives in FL. I am pregnant and don’t want to leave my husband name on my child birth certificate since he doesn’t want anything to do with the baby and we are considering a divorce. Can father section be left blank on my child’s birth certificate? If it can, is there any legal right of my husband over my child?

Asked on March 12, 2018 under Family Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can lie and say you have no idea and then they would leave it blank.  But if you are married then your husband's name will likely be filled in. Also, you can not lie on the divorce documents.  You swear in affidavits that they are true. ANd yes, he has legal rights to the child regardless of whether or not his name is on the birth certificate.  This must be a very emotional time for you so I would strongly suggest you seek consultation from an attorney in your area.  Good luck.

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