Columbia, SC asked in Family Law and Child Custody for South Carolina

Q: Me and my trans fiancé are pregnant and im carrying. Does his name on the birth certificate give him parental rights?

We won’t be married at the time of birth. We went through a donor we met (not through a sperm bank).

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1 Lawyer Answer
T. Augustus Claus
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A: No, simply having his name on the birth certificate does not automatically grant him parental rights. South Carolina law requires legal recognition of paternity to establish parental rights and responsibilities.

Two paths exist for legal recognition:

Acknowledgment of paternity: Both parents can voluntarily sign an acknowledgment form, which carries significant legal weight. Consult a lawyer about the process and implications.

Adjudication of paternity: If you can't agree on acknowledgment, your fiancé can file a petition with the court to establish paternity. This involves DNA testing and a court hearing.

Being unmarried at the time of birth does not affect your fiancé's ability to establish legal paternity. However, it might influence custody decisions later on.

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