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Does my husbands name have to put on the birth certificate if he isnt the father ??

Bronx, NY |
Filed under: Birth certificate

I am currently living and married in new york city. I am two months pregant with another man child.
does my husbands name have to go on the birth cert ? the father is adamant that his name be on it. wat r the laws in new york ?

Attorney Answers 1


The mother can control the name. You can put not name on the certificate. If you do so, then the law presupposes your husband is the father. If you put the real father's name on the certificate, then he becomes legally responsible for child support. Either the husband or the birth father can go to family court and demand a DNA to determine who the actual father is.
The questioner might find some of my legal guides helpful:
From my legal guides on law in general and about attorneys
Is it Legal? Is it Illegal?
Selecting and Hiring a Lawyer
Understanding the Different Court Systems

From my Guides on Family Law
Divorce in General and How it is Handled in New Jersey

From my legal guides on New York courts
New York City: A Guide to the Courts

Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.

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