Asked in Family Law and Child Custody for New York

Q: I have a question that I’m hoping somebody can answer.

My fiancé wants to sign my sons birth certificate and we’re turning in the acknowledgment papers with his name on it his biological father my son‘s biological father has made it to where he said he wants no parental rights to my son he said when he tried to kill me that it felt good for my son to almost lose his mother. Is it a law that the biological father has to be on the birth certificate if they want no parental rights and they want nothing to do with the child and they try to kill you in front of the other parents

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1 Lawyer Answer
Peter Christopher Lomtevas
Peter Christopher Lomtevas
Answered
  • Divorce Lawyer
  • Brooklyn, NY
  • Licensed in New York

A: The answer the asker wants to hear is that her fiance can sign the newborn's birth certificate, and such an answer is certainly possible. The government has no idea whose DNA is in the newborn, and the only record of who the father is can be found in the birth certificate which is always self-reported. "Self-reported" means that the mother and the man both showed that the two are the child's natural parents.

However, asking us for legal advice as to how to defraud the system is a bad idea. We cannot advise the asker to go ahead with her plan. The record of the child's birth must be accurate according to the knowledge and belief of the parents so that the child eventually will come to know who his lineage extends to. Whether the actual father threatens the mother or not is irrelevant. Accuracy is relevant.

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