Mother and father of the child was never married but father signed birth certificate. Would that bind him to be the biological father with genetic proof?
No. It is just a rebuttable presumption that the guy who signed a birth certificate is the biological father. However if there is a doubt, then a person challenging paternity can ask the Court to order a DNA test to establish paternity.
Unless the child is less then 30 days old, the parent who is contesting that the father named on the birth certificate is not the father must show the court that the name was added under fraud, duress, and a few other similar type of issues before they would order a paternity test. If the child is less than 30 days old then either party can file a request for paternity.
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If you are seeking paternity then you should file a Complaint For Custody And Parenting Time. If you are seeking not to be the father, then you can file to dispute paternity and to have a DNA test performed to establish whether or not you are the father.
This is NOT legal advice, is GENERAL INFORMATION ONLY, and does NOT establish an Attorney/Client Relationship with you. You have not provided me with all the facts in a consultation, therefore my answer cannot address your specific legal situation and you should not rely upon my answer in your legal matter. I am an attorney licensed in Maryland and California.
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