So I just had a little girl about a month ago. I cant get her birth certificate because I’m still finalizing my divorce. according to my states law, I’d have to be actually divorced and have been for 9+ months for my exhusband not to be on her birth certificate. my exhusband isnt her father, I got pregnant with her after we decided to get divorced. I need it in order to get her in daycare to go back to work. In my state per law, he has to put his name and social, etc on the certificate in order for me to get it. Hes refusing. Has any others experience this in their state? I just dont know what to do anymore cause now I’m a single mom of 2 and desperately need to get back to work.
20 Likes
He should be able to sign a waiver
2 Likes
You should be able to take it to court and they’ll give him a DNA test to prove it’s not his child, and will be taken off the BC.
9 Likes
Probably have to do paternity test to prove to the court that he’s not the father and then hopefully they’ll let you move on with getting the documents
3 Likes
He doesnt have to be on it they should have given the biological father the opportunity to fill out a wavier to be able to be on her certificate later. A father doesnt have to be listed the hospital should have explained this unfortunately some aren’t helpful
1 Like
You can leave the childs fathers name on the birth certificate nameless. He is probably refusing. Due to some states if you get assistance, hes obligated to pay child support. With him.not being the father, you can do a dna test and prove to the courts. Wish you luck.
3 Likes
You need to go to court. Even though he isn’t the biological father, he is the legal father since you were married.
Ideally, you need him and the biological father in court.
6 Likes
Same thing happened to me, I sent the birth certificate in with father unknown and it came back in my exes name, had to pay 600 to an attorney to get my child name changed
I had a legal separation and divorce, my ex definitely was not gonna contest not being on it either
Why’s he on her birth certificate of he isn’t the father?
2 Likes
Get ahold of child support in your state. My husband had to sign a paper stating he knew he wasnt the father
Can u get bio dad to sign saying its his child and husband sign hes not
Whitney Alford didn’t Joseph go through this?
They should of given you the birth certificate at the hospital. At least that’s how i got my kids. And social came later.
Never hear of these ridicoulous laws.
Only suggestion i recommend is getting him to take a dna test. Or maybe like a home daycare vs public daycare
1 Like
Most likely will have to go to court.
He should be able to sign an affidavit stating he is not the biological father. I had this issue, my husband and I had been separated for nearly two years, but never legally divorced. I got pregnant, and even though our divorce was finalized before she was born, because my daughter was conceived during our legal marriage he was considered the legal father. He had to basically sign his rights away to a child that wasn’t even his 
and sign an affidavit stating he was not the biological father.
1 Like
That’s crazy. I got my kids in two different states with no father stated. Have you tried going and getting it is that what your lawyer said? I’m just curious because I wasn’t asked a h questions when I picked my kids up…just showed my id and pay for them. Has the paper work been submitted…if so they should send you something in the mail stating it is ready with all her info on it with the father section blank. I used that paper as prooftil I got my son’s. if you find a private daycare most don’t ask for a birth certificate just shot records. Hope everything works out for you
Lol I wouldn’t put my name on someone else’s kids birth certificate either. He’s 100% correct to refuse that. Get the father to help with childcare.
13 Likes
Unfortunately no advice on the legal parts of this post, but… if all else fails, is it possible to look into in home daycares? & is it normal for daycares to ask for birth certificates? Of all the places I have sent my daughter, they have never asked
2 Likes
A simple dna test and naming the bio father fixes this.
3 Likes
Sounds like somebody needs to sweeten the pot in the divorce proceedings. Pretty stupid to get pregnant while in the middle of a divorce.
7 Likes
Sounds like family court is ur only option
That’s the dumbest law… like if hes not the dad and you both know it why should he have to assume responsibility just because you were married? Maybe contact a lawyer and see if doing a dna test will help get it cleared. And is the actual dad in the picture? If he signs then why the fuss? Sorry of asked before I didn’t read the comments. Good luck though. Sounds like an out of date law.
Unpopular truth bomb
This is Hilarious 
also you’re still married until a divorce is complete sooooooo don’t be a hoe and sleep around could be part of your karma
12 Likes
That’s a really stupid law… How can they force someone who isn’t the father to state that they are? That seems like its against human rights. Its forcing you to lie on a government document.
What state are u?? My my sister got my nieces certificate with No father listed. It really shouldn’t be an issue
My cousin just told me he went through the same thing. The state forced him to be on the birth certificate even though he and everyone including the soon to be ex wife said the baby wasn’t his. They had to do a dna test in order prove he wasn’t the father. Once that was done he was cleared and she could obtain all the paperwork. Good luck.
21 years ago I went through this and my youngest son actually has my ex husbands last name and that is even after a DNA test. My advice is talk to vital statistics and see what you need to do to take care of the problem because my son was 6 years old before we got a copy of his birth certificate. He also got kicked out of kindergarten due to the fact that I moved out of state and the new school allowed him to attend until April when he came home with a note saying he couldn’t return due to having no birth certificate on record
No state can force u put the father down on the birth certificate
In CT there is a paper a waiver of sorts. Ask the Vital Statistics Office in your state…
This can’t be actual. First off the daycare can’t make you have a dad on the birth certificate no state. 2nd he isn’t the dad he wouldn’t sign. 3rd how the hospital see your marriage licenses anybody can walk in a sign the paper smh u either lying or uneducated
In Georgia, Florida, and South Carolina the legal husband is the legal father, whether biological or not. You do have the option of leaving that field blank, though. Went through it with my daughter. Only problem is that now that her father and I are getting divorced (my 2nd divorce), I have to prove my first husband isn’t her father in order to establish child support. And it takes FOREVER.
Can you put father Unknown?
Go after him for child support feel then do a DNA test on the two men the father will be named it’ll be put on the birth certificate right now the law states that the husband is the presumed father so you have to prove otherwise
1 Like
Would a dna test proving he’s not the father keep him off the birth certificate? That’s stupid to say he HAS to go on it just cause y’all were married even though he’s not the dad
2 Likes
And he’s totally right for not putting his name on a birth certificate for a kid that isn’t his. Just saying.
8 Likes
Husband is always presumed the father if the baby was a “product of the marriage” - conceived before divorce. I would ask the court that is dealing with your divorce what the appropriate steps are. As far as I know, the only way around it is to establish paternity with the actual father, so the judge can put that information in the divorce decree at the finalization.
1 Like
Just say you don’t know who the dad is. You don’t have to list on the birth certificate. My kids have only me as my oldest dad was a deadbeat that left me when I was pregnant. He is not on her birth certificate
1 Like
Wow. No advice. But can I just say how ridiculous this is?! Sounds like a major flaw in the system…
1 Like
Ummm get the REAL Dad on there. Your ex husband shouldn’t have to sign it when it isn’t his. That opens the door for you being able to go after him for child support which isn’t right. My state had the same law. I was still married (had been separated for years just couldn’t locate him to get the divorce finalized) and I was still able to have the real Dad sign acknowledgement of paternity; as it should be!
4 Likes
I just went through this…u have to get the Dad to sign for acknowledgment of paternity and then get ur husband to sign denial of paternity
Then u should be able to put the actual dad on the birth certificate
I dont get how this works? Or is it just in the uk you legally have to register your baby within 6 weeks of being born? Not able to wait months and months?
1 Like
Why are people saying go after the husband for child support…??? Yeah they may have been married but he shouldnt have to pay child support on a child rhat ia not his… They may have bwwn separated but she commited adultery which in Mississippi is a BIG thing… And got pregnant. That man should bot havw to have any kins of ties to that child if he doesnt want too… No signing the birth certificate no child support. Nothing. She should go try to find the biological father and work something out with him.
4 Likes
Try getting an at home babysitter until you get this issue fixed
It’s like that in arkansas my sister had that problem she just had to get a notarized paper stating he wasnt the dad & wanted no responsibility of the child.
Im in nebraska and went through this you have to gwt bio dad to acknowledge paternity and then get husband to deny it. There are papers that have to be filled out by both…
Even if your married u would think he would have to sign it…leave blank…
Does he want to be involved? Does the real father know?
Does the real father want to be involed.
Maybe he wants to try !
I dont think u should say no if hes trying to be a good dad
That’s a stupid ass law. I would’ve just left his name off the birth certificate
Thats stupid you have to LIE to get the bc… Mine made me sign and swear that to my knowledge “so and so” is the dad… So why would they make you do that if hes not!?thats ridiculous and stupid
Alls you have to do is put the father as unknown until your divorce is finalized and the alotted time has passed, then you can put dad on there.
If I were him I would refuse too!! He’s not the father he should NOT be forced or obligated into signing a document that would hold him accountable for a child that’s not his!!
2 Likes
Put the real dad on there not the ex husband. Like seriously. That’s why you shouldn’t cheat. It makes things more complicated.
1 Like
Technically speaking father or not, the husband is supposed to be on the birth certificate.
2 Likes
How far after the decision to divorce, did you get pregnant? Get a paternity test.
1 Like
My husband ex wife got pregnant while they were still married. He was never on the birth certificate. Got a paternity test done of the real father and that was that. His name went on it. My husbands never did.
In fl u have to request a dna witch they will summons him to get one once its proved hes not they should release it. It takes a wile and they may nag u for other names
If he isn’t the biological father, male sure they know that. Surely they can’t force you to name an incorrect man? Just tell them you don’t know who the father is? That’s what my sister did.
Do a dna to prove he isnt the biological parent and bring that in to get the certificate.
I can’t imagine any man signing a birth certificate knowing he isn’t the father and you are getting a divorce. I cant imagine there is a state law stating that a husband HAS to take care of another man’s child just because they are married. ?? Especially knowing they are not the father. What is a wife cheats? That man has to still be the father anyways. . I’m not sure what the problem is. … prove he isn’t the father and go about your business 