Legal Question in Family Law in Indiana
When my son was born In 2003 the paternal father did not want to be the father,he left when finding out I was pregnant. So my new boyfriend kept insisting he could be the father. In the hospital I had reservations and when the social security lady came in to fill out the birth certificate name I told her I wanted my son to have my last name. When she heard this she said she would come back the next day and left. Shortly later a nurse came in and told me that since there was a man who wanted to be the dad I should let him for the sake of the child having a good father. Then told me not to tell anyone she said that. So against all better judgement I allowed him to sign. 9 years later he's fighting for custody. Can I do anything? Id like to sue that hospital!
1 Answer from Attorneys
Why would you let this man be the father of this child for nine years as far as everyone is concerned, and then disrupt the relationship now? I certainly hope you haven't told the child or others any of this.
You can't sue the hospital. If the legal father wants to have a DNA test he can. If the biological father wants to pursue one, he can.
You might want to reach out for counseling to get some perspective on this. I know it can be very emotional, but you don't want to do something harmful to your child right now just out of that emotion. You should also talk this over with your divorce lawyer.
Good luck.
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