My baby's dad and I are no longer together due to abuse and I have a restraining order on him. He has not shown any interest in wanting to help with the baby once she is born. The guy I am with now wants to be there and take care of her like she is his, I would like to know if he can legally sign her birth Certificate when she is born?
Can he sign the birth certificate? Yes.
Does that make him the legal father? No.
He can sign a Recognition of Parentage (ROP) , however, which, if not revoked, would make him the legal father but would bestow on him no enforceable rights unless or until a custody and parenting time order is entered. It also does not prevent another father from commencing an action to determine paternity.
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I disagree - he cannot legally sign a birth certificate or anything else as he is not the biological father, and you know he is not the biological father. Now, you can leave the "father" space blank on the forms if you wish, but you cannot (and he cannot) knowingly lie on the forms. If your new BF wants to "be involved," then he can petition the court to adopt the child once you're married, along with getting the biological father to voluntarily relinquish his parental rights. That's the only legal way to do it.
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