Legal Question in Family Law in Indiana
I am currently 40 weeks and three days pregnant. The babies father and I are not married, but we are together. We both want his last name on the birth certificate, but now there is absolutely no way that he will be able to sign the birth certificate. He was in an accident three days ago that ended in him being put into an induced coma. Since I am already past my due date, there will be no way to prolong the pregnancy for him to be able to be there. I was told that I cannot leave it unsigned until he wakes up. His parents are willing to do whatever it takes to get his last name on it. Is there anyway to accomplish this?
2 Answers from Attorneys
No. You can file a paternity action after he is better, stipulate that he is the father, and then add his name to the birth certificate at that point.
Please accept my thoughts and prayers. I cannot imagine what you and everyone involved is going through. Unfortunately, Jay is correct as far as I know. I wish there was a better answer for you. I dont usually do this, but please look at my profile and contact me once things settle down a bit. I will try to guide you.
In the meantime, and I hate to bring up what may be a difficult subject, but be sure to get DNA from the father, just in case he should pass away. Having those results will help you for any claim that your child may have for social security benefits.
Also, contact the Indiana Department of Health.-Vital Statistics Section. Perhaps they have a procedure for this kind of situation.
Good luck.
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