Skip to main content

In the state of Georgia can a man sign a birth certificate if the real father is not around?

Valdosta, GA |

Can my husband sign my son birth certificate even though he is not the father? My childs real father has not been in the picture since I was five months pregnant because he was abusive. My husband has been there for my son since he was 4 months old and now he is 7. I heard that it is legal for a man to sign a birth certificate and that the state of Georgia would reconize him as the father if the real father does not come forward. Is this true?

Attorney Answers 2


For anyone to sign a birth certificate, a legal document, they are asserting that they are the legal parent of that child.

In the event that your husband has not adopted your son, I strongly advise that, because then during the adoption process, you may be able to have a new birth certificate issued (though that is something best discussed with an attorney specializing in adoptions). Also, adoption would provide your husband with full legal rights re: your son. Sufficient legal notice per the requirements of the Ga adoption statutes would have to be provided to the real father; notwithstanding, if there is good cause for formally severing all legal rights the father may have to your son (regardless of what he may or may not have done previously), that would be done during the adoption also. Good luck.

Mark as helpful


Your husband would be committing a crime in making a knowingly false statement.

If he wants parental rights, see a lawyer about adoption. An adoption, once complete, will add him as the father to the birth certificate.

If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.

Mark as helpful

Birth certificate topics

Recommended articles about Birth certificate

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics