Birth certificate question

soontobecapek

Does anyone know where I would go to figure out how to fill out my son's birth certificate? I know it SHOULD be straightforward and I've done it 3 times before, but my situation is complicated. (Or maybe I'm making it seem complicated). Long story short, state of WI says my husband is dad, he is not (we filed for divorce 3 years ago, and it isn't going through easily). He has to take a paternity test to disprove paternity, so I don't know if I have to list him as the father until proven not, or if I put baby daddy down. Can I give other guys last name if I have to list DH? I'm just nervous!

blitzy23

If you know who the father is, then you may put the father's name on the birth certificate. You can name the child whatever you want-so put the child's last name that you prefer on the birth certificate. Why on earth would it make sense to put the wrong name on a permanent document? I feel like that would be lying? Am I missing a crazy law that I've never heard of?

adates517

My original birth certificate had my moms ex husband on it because their divorce was not finalized when I was born. She had to wait til the divorce before it was changed. But that was 27 years ago. I would hope that by now things have changed.

soontobecapek

blitzy23 said:

If you know who the father is, then you may put the father's name on the birth certificate. You can name the child whatever you want-so put the child's last name that you prefer on the birth certificate. Why on earth would it make sense to put the wrong name on a permanent document? I feel like that would be lying? Am I missing a crazy law that I've never heard of?

My confusion is based on the fact that because I'm married my husband is the presumed legal father. With that said I know they won't do a paternity test without me naming the real father or disproving paternity by testing my husband and who know where that man is at any given time or when he will be around to swab.

rositalynda2014

Maybe your OB would know.
Dumb question, but while were on the subject there's no legal crap that could go on if situation is opposite...? If my boyfriend is still legally married..?

nharmon1988

I'm in the same sticky situation. I have court on Tuesday so hopefully it'll get cleared up by then because I can't find him to serve him papers. So hopefully it'll be final by May but if not I plan on asking a social worker at the hospital.

AshSturgis

I could be wrong but I'm pretty sure (and I'm in MI so may be different) that they will make you put your husband on the birth certificate until you go through the process of disproving paternity with him. My friend had this happen and she had to wait and do everything to get it changed.

sassyg25

I've never heard of this. I thought that the birth certificate is signed by the person who is there with you in the hospital (your child's real father).
So, just because technically your still married doesn't the birth certificate have to be signed voluntarily?? Weird. I hope you get it sorted out

djhudson9107

You can even leave that part out as well. At least in OR you can. The mama decides. My friend had anxiety over this and didnt want list the dad and was told by social services it was up to her.

Romejrwife

I had the same situation! In DELAWARE my ex husband had to fill out a form denying paternity (our divorce was final before the pregnancy, but in Delaware it had to be finalized 366 before conception smh) and my fiancé had to fill out a form acknowledging paternity. My baby had to be born with the last name of my ex husband which was my last name at the time of birth also. On the birth certificate if had his correct name because he is named after his father my fiancé. There was no father listed on the certificate until all the proper forms acknowledging and denying were approved and notorized. I received a corrected birth certificate listing my fiancé as the father.