What are a biological father’s rights to be named on the birth certificate?

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What are a biological father’s rights to be named on the birth certificate?

I’m married to a military man that lives in CA. We have not been together since 2005. I’m preganant with someone else’s child.

Asked on February 2, 2011 under Family Law, Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Typically, if a child is born during a marriage then the husband is presumed to be the legal father. However, you could name your boyfriend on the birth certificate but this will not automatically establish paternity. I would contact a family lawyer in your area to check on OH law.  Some states allow a husband to sign an "Affidavit of Non-Paternity", and the biological father to sign an "Affidavit of Paternity" (or the state's equivalent).  This removes the obligation of support from the husband and places it on the biological father.    


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