Legal Question in Family Law in Illinois

Signed the birth cert. and ack. of paternity but am not the biofather

My ex-girlfriend, recently was informed by state aid that they have stop perusing the

biological father of her child and that she should go after me for support, because I signed papers at the hospital the day of the birth and that my name is on the birth certificate.

Approximately 10 months after the birth, there was a DNA test conducted that showed

I was not the father, and sometime after, she had another DNA test performed that

confirmed the other guy as the biological father.

I have been helping with what I can afford, but she is threatening that she will go to court, to collect more from me. Legally do I have a financial obligation or any obligation???

If she does persue court action, do I need legal representation and what may be possible out


Asked on 12/12/02, 8:56 pm

2 Answers from Attorneys
Thaddeus Hunt Law Offices of Thaddeus Hunt

Re: Signed the birth cert. and ack. of paternity but am not the biofather

To make a proper evaluation of you situation I would require additional information regarding the "papers you signed" and why your name appears on the birth certificate. Also, I need further information regarding the support you provded and why you provided it.

However, speaking in general terms a man is presumed to be a father at times if he is on the birth certificate or signed some sort of document that he is the father. The DNA test could destroy this presumption.

If you would like to pursue this further please contact me. If I or someone else cannot answer the phone then leave a message.

Best regards

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Answered on 12/13/02, 12:11 am
Zachary Bravos Law Offices of Zachary M. Bravos

Signed the birth certificate but is not the biofather

You do not state it, but I assume you are not and have not been married to the child�s mother. You state you have the proof of a DNA test that you are not the biological father. Then you have nothing to fear from a paternity case. If you are not under a present order of court to pay support, you may cease child support payments any time you wish. If you are subsequently sued for paternity, the test results you have (or results from a re-test) should satisfy the court that you are not the father.

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Answered on 12/16/02, 3:22 pm


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