Can I still get my sons birth certificate even tho I am married and refused to put my husband as father???

BRANDY - posted on 03/07/2015 ( 9 moms have responded )

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I refused to put my husband on my babies birth certificate. Can I still get my sons birth certificate even though I did put I was married... I am going through divorce. My husband is not the father but for personal reasons the baby's father doesn't feel the need to have his name on the birth certificate. I live in Ohio, so any Ohioans experience would help. Vital Statistics is saying that I need a divorce decree, but this was in the case that my boyfriend be added as father. At this point we just want our son having a birth certificate so he can get a social security number, hes 6 mos old and hasn't been assigned a number.

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Raye - posted on 03/09/2015

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Sarah E., If she can't get it through the hospital then, at minimum, she will probably still need the divorce decree stating that her husband at the time is not the bio-dad (this may require DNA test). I think they will want her to at least try to prove paternity. And only if she can't then they may allow her to leave it blank. I live in Ohio, but I've not had any dealings in this area, so I don't know for sure.

My personal opinion, just because the real father doesn't want to be held responsible for his child should not be the reason to leave his name off. She knows who it is. What's the deal? Put it on there.

Raye - posted on 03/09/2015

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In Ohio, if a woman is married at the time of birth or at any time during the 300 days prior to birth, the husband is considered to be the legal father of the child. The hospital may not put the "real"/biological father's name on the birth certificate.

However, if the mother got divorced during her pregnancy, and the divorce decree states that the husband is not the father of the child, the mother should provide the hospital with a copy of the finalized divorce decree at the time of her child's birth. The mother and the biological father may then complete an Acknowledgment of Paternity Affidavit at the hospital if they wish.

The Affidavit is a voluntary form to be completed by both biological parents. If either parent is unavailable or unwilling to sign the Affidavit, the other parent may pursue paternity establishment through genetic testing at the Child Support Enforcement Agency (CSEA) or through court.

https://www.oh-paternity.com/faq.html

So, the way I read this is because you were married at the time of birth, they want your husband's name on there. Otherwise they want a divorce decree and the actual father to step up and take responsibility for the child. This is probably because the state doesn't want to be on the hook should you need financial assistance. They want to be able to establish child support from the father. If you provide your Divorce Decree, since it says the Affidavit is voluntary, they may allow you to leave the father's name blank and get the birth certificate, I don't know that for sure, though. They may want you to get a group of guys together that could be potential fathers and have them tested just so it looks like you tried to establish paternity and couldn't.

Sarah - posted on 03/07/2015

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Since you were married at the time of conception then your husband is presumed the father unless there is a dna test determining differently. I do not know the requirements as far as birth certificates so you may want to talk to a lawyer to see what legally you have to do.

BRANDY - posted on 03/07/2015

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yes. Because I refused to put my husband on the paperwork they said they can't process the certificate therefore he can't get a social security number.

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