paternity test

lmurphy0822 · September 2009

So my friend just had her baby and the hospital is making her boyfriend take a paternity test before they let him put his info on the birth certificate because they're not married. I dont think this should be required. What do you think?

Liss_37 · September 2009

Is that even legal????

getnmarried910 · September 2009

lisswastaken:
Is that even legal????

My thoughts exactly

sgrl · September 2009

That's a bunch of crap. I could go out and sleep with 16 other guys, being married doesn't automatically mean you're monogamous. If they make unmarried couples do that, they should make married couples do it too.

JinglesChic · September 2009

A marriage certificate is not a deterrent to cheating. I'm surprised that the hospital would ask for it.

ArcticFox · September 2009

My friend's divorce wasn't complete when she had her baby and so she had to go through paternity testing to get the "correct" father on the birth certificate. I don't know what I personally think - I guess there are prob a lot of issues with divorces and unmarried couples having to later deal with paternity issues and child care costs.

luckyabby09 · September 2009

That would just piss me off, like she doesn't know who the father is? WTF! our hospital does the same, we thought we would have to have DH take the paternity test because we were not married at the time of conception, but we won't because we are married now.

MrsErinnElizabeth · September 2009

sgrl:
That's a bunch of crap. I could go out and sleep with 16 other guys, being married doesn't automatically mean you're monogamous. If they make unmarried couples do that, they should make married couples do it too.

This! I love how they assume that married couples couldn't possibly cheat and get pregnant, yet people in a relationship are too sketchy to be trusted.

wnk1029 · September 2009

I wonder if it's something particular to your state? It wouldn't surprise me if they would require something like that in order to get "on record" who the biological father was in case child support is requested later on.

AMYfromKY · September 2009

I don't think it's right, but I kind of see why they do it.

I could be totally wrong in my logic here, but I think there is less cheating between married couples as opposed to dating couples.

ruffle&rust · September 2009

I wasn't married to my DD's father when i gave birth. This wasn't required of him...but he did have to sign an Acknowledgment of Paternity Affidavit

dewitthm · September 2009

AMYfromKY:

I don't think it's right, but I kind of see why they do it.

This, However, if I were in your friend's position, I'd be on the phone with a lawyer. And I'd be completely mortified, insulted and embarassed to say the least!

leahraewku · September 2009

I think this varies from state to state. I looked into my hospital's policy on paternity and birth certificates since FI and I aren't yet married and won't be by the time of Evie's birth. At least in the state of Kentucky, if the father accepts paternity, he is named as the legal father on the child's birth certificate. No blood test is necessary. Of course, if there's a dispute a test is ordered and the child has no father listed on his/her paperwork until paternity is determined.

applejuiceyness · September 2009

I know there's a form that has to be filled out by the father of the baby if the parents are not married saying he claims the baby as his before the father's name can go on the birth certificate... I never heard of being forced to take a paternity test.

erinb31 · September 2009

I have never heard of that before... it sounds sort of weird and extremely unfair to me.

mommys.gummy.bear · September 2009

i concur w/ the lawyer statement.. i would be beyond pissed if such a thing happened to us.

barefootbride2008 · September 2009

That is really, really weird. Typically states do not care if the person listed as the father is actually the biological parent - the state just wants to know that there are two people who are responsible for the financial care of the child, so that the state doesn't have to pay itself. In all states, if you are married to the mother, you are presumed to be the legal father of the child (a father would have to overcome that presumption with evidence).

In NY - and I expect in most other states - a father merely needs to sign an acknowledgement of paternity. It is then very difficult for him later to challenge paternity (and so long as he has acted as the father of the child, he generally will not be able to overturn that and get out of paying child support, etc., even if he later gets DNA evidence proving that he is not the biological father).

MsMoseley · September 2009

sgrl:
That's a bunch of crap. I could go out and sleep with 16 other guys, being married doesn't automatically mean you're monogamous. If they make unmarried couples do that, they should make married couples do it too.

This! ?

firsttogo · September 2009

My good friend's hubs. had a child (or so he thought) with a woman 15 years ago. He was put on the birth cert, signed it, and has paid child support ever since.

Baby mama decided she wanted more $$, so she recently took him to court for it. They had a paternity test then, and determined that the child who is now 15 is not his. Friend's hubs still will have to pay child support until "son" is 18 because he "accepted paternity" by allowing his name to be on certificate.

I think that having a paternity test will help protect all involved.

aimeelynae · September 2009

:::butting in from SAL:::

no it is not legal.

WTF!

wnk1029 · September 2009

firsttogo:
I think that having a paternity test will help protect all involved.

Especially those guys who have one-night-stands and are told the following day that the chick is pregnant.

aimeelynae · September 2009

Maybe that is just what your friend said to cover up the fact that it might not be his.

Ouch.

What a way to find out.

It is not legal for them to request that.

mattandbekah · September 2009

seriously? Thats unbelievable.

BlueMoonMagic · September 2009

there was a new flyer about this in triage today when I went in for my NST. I was surprised, but hm...I don't know how I feel about it. Just because a married woman is pregnant doesn't mean her husband is the father...I don't know--I guess it's good to nail down the paternity, but then why wouldn't all pregnant women, married or unmarried, have to do this?

yourmom5309 · September 2009

As an attorney, I can assume that every state has its own policy regarding signing the birth certificate, acknowledging paternity, dna testing, and disavowing paternity. I suggest your friend contact an attorney in the state she lives in.

In Louisiana, if the mother is not married she has the option to name the father on the birth certificate and that man has the option to sign the birth certificate or file a formal acknowledgment of paternity to have legal right to the minor child. This is just Louisiana, but I would assume that other states have their own procedures, which may be quite similar. Usually there are legal deadlines that coincide with acknowledging or disavowing (refuting) paternity.

Tell your friend good luck - I am sure everything will work out fine.

yourmom5309 · September 2009

As an attorney, I can assume that every state has its own policy regarding signing the birth certificate, acknowledging paternity, dna testing, and disavowing paternity. I suggest your friend contact an attorney in the state she lives in.

In Louisiana, if the mother is not married she has the option to name the father on the birth certificate and that man has the option to sign the birth certificate or file a formal acknowledgment of paternity to have legal rights to the minor child. This is just Louisiana, but I would assume that other states have their own procedures, which may be quite similar. Usually there are legal deadlines that coincide with acknowledging or disavowing (refuting) paternity.

Tell your friend good luck - I am sure everything will work out fine.

pdljump21 · September 2009

Brandi_Boggs:

I wasn't married to my DD's father when i gave birth. This wasn't required of him...but he did have to sign an Acknowledgment of Paternity Affidavit

THis is what my husband had to do when we had our first daughter before we were married.

Tonya_G · September 2009

I don't know about it being required for birth certificates, but I do know it's required if you need for any reason to seek child support. There are all sorts of interesting laws when it comes to birth cert's and paternity. In the state of Ohio, if you were married at any time during your pregnancy, your husband's (or ex, if that is the case) name must be listed on the birth cert, even if you know for a fact that they are not the baby daddy!

vegemom302 · September 2009

lisswastaken:
Is that even legal????

Indifferent This is what I'm thinking.

mrs_sherod · September 2009

lisswastaken:
Is that even legal????

Yes

breech · September 2009

i want married when i had myson, they just had him sign a paper saying that he was the father and had no doubt about it.

dec13th · September 2009

In MA, we want to know who to go after for child support, so if the non-married Dad wants to be on the birth cert. then he has to sign an acknowledgement stating he knows that he is the father and as such has rights and responsibilities.

Judging from how many times the "father" has been proven not to be the bio father, I think it's a great idea.

micd07 · September 2009

Brandi_Boggs:

I wasn't married to my DD's father when i gave birth. This wasn't required of him...but he did have to sign an Acknowledgment of Paternity Affidavit

This.

nikalina · September 2009

Invasion of privacy but I think your friend got it wrong. They want to establish paternity by making his sign an affidavit of parentage. It is just a paper

nmc29 · September 2009

I understand why they would do that.

A friend of mine split with his gf who was pregnant (she was really crazy...not sure what he saw in her anyway) with full intentions of being a father for his kid.

Fast forward to delivery, he finds out that her current boyfriend signed the birth certificate and affidavit of parentage and ended up in and out of courts for a good 6 months trying to get everything straightened out.

I think it should be offered, but not made mandatory.

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