If you are found lying in a court document, you can be prosecuted for perjury, but it is highly unlikely. To change the father on a birth certificate, an individual must first be legally pronounced as the legal guardian of the child, which is called adjudicating parentage. Ultimately you are not obliged to enter the father’s name on the birth certificate. Lying is not illegal. In reality, the best option for your children is always a harmonious out-of-court agreement. Any lawyer/attorney will tell you not to put the father on the birth certificate unless your married. If the man thinks he is the father and goes along to sign but you know he isn't the father then its morally questionable at least. Roughly 40% of babies in the US are born to mothers who are not married. I would not advise you to deliberately put down false information on a birth certificate. No it doesnt. I had a friend make this fatal mistake six years ago. If he truly wants to become a father to this child, he will want to adopt the child. Establishing Paternity. In OP situation it came back to bite her in the ass. Changing the Father on the Birth Certificate Adjudicating Parentage. If you are not married the father has to be present when the birth certificate is completed. If the father is not present at the birth of the child, then his name will likely not appear on the birth certificate. In the case that both parents are present at the birth, but the parents are not married, it is possible to have the father listed on the birth certificate. Because the father is not listed on the birth certificate he has no rights to custody, visitation, or paying child support. But it has come to light that my partner of 2 years in not the father. I have had a baby in March, and put who i thought was the father on the birth certificate. In this article, we explain the implications of a father’s name and signature being on a birth certificate, and what a father’s rights are if he is on the birth certificate of a minor child. The birth certificate does not by itself prove that someone is the father. I would consult with an attorney in your area to best advise you in this regard. However, as outlined above, not doing so does not mean that the child’s father has no rights in respect of the child and it could leave you open to a court application. you can't just put anyone's name down. Before any rights and responsibilities accrue, there must be lawsuit. Best of luck to you. In general, if the father has already signed the birth certificate, it is very difficult for that person to claim that they are not the actual father. The form will ask for your newborn’s information, mother’s information, and father’s information. The Biological "person" would be a result of the worst night of my life. For a foundational overview of Illinois paternity laws, check out our article, Illinois Paternity Law Explained. Bad enough she had a baby by a man who told her he didn’t want it after all - that same guy belongs to an infamous cult in LA that has wide reach and influence. A father’s name does not have to be added at the time of registering the birth. Technically you can't just put him on the birth certificate he has to be there to sign it in front of a notary. The best way for a father not listed on a birth certificate to gain legal rights is to establish paternity. It is not illegal for a mother not to put the father’s name on the birth certificate. A few days after the birth of your child, the birth certificate is ready to be picked up at the town hall or mailed to the parents. The legal document may list the father as someone else, unknown, or left blank. Is this Legal to put his name on birth certificate? Legally, he is the father as married to the mother at time of birth. 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