Q: I am married, separated, and am having a child with someone other than my husband. I want the biodad listed on the BC
Both husband and biodad consent to this and there are no issues or disagreements regarding this between any of us. How do I accomplish this?
A:
Unfortunately, it is likely not that easy. My understanding is, if you are married, the hospital will not let anyone other than your husband sign the birth certificate. If they will let bio dad sign the paternity acknowledgement, that probably will clear things up in the event of a divorce. However, this will not establish custody and this will not establish child support.
If they will not let the bio dad sign, he is going to need to file for legitimation. He will need to file, serve you and bio dad, immediately move for the case to be transferred to juvenile court for a termination of your husband's parental rights, then transfer the case back to superior court to have his rights established. It's a lot to handle, so I'd suggest he consult with an attorney if this is the route you end up having to take. Good luck.
Homer P Jordan IV agrees with this answer
A: After the child is born the biological father is going to need to file for legitimation. I agree with my colleague in that you should consult with an attorney to ensure everything is handled properly. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
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