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

Asked almost 2 years ago - 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)

  1. Daniel Ellis Rice

    Contributor Level 18

    Answered . 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.

  2. Glen Edward Ashman

    Pro

    Contributor Level 20

    Answered . 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... more

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