Florence, KY asked in Family Law and Child Custody for Ohio

Q: Can 2 females be on a birth certificate in Ohio?

I am fighting a nasty custody battle with my ex girlfriend. I carried the child and we used a member of my exes family as donor. The child has a "parent 1" and "parent 2" birth certificate, and my ex and I were not married. The ex only signed the birth certificate, and never did a legal adoption, the donor also never signed away his rights. My ex was allowed to sign the birth certificate at the hospital, but since I have been dealing with this custody battle and doing research it seems like she shouldn't have been able to legally sign it. To my understanding we would have needed to be married in order for her to be able to legally sign. Since we weren't married, she didn't adopt and donor never signed away rights, can she be removed from the birth certificate??

Related Topics:
1 Lawyer Answer

A: It sounds as if this person has an attorney. If so she should follow that professional's advice. That being said, I believe that the birth certificate could be voidable rather than void. I think you will need to show that it is more likely than not that the birth certificate was issued in error.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.