Legal Question in Family Law in Iowa

Paternal Affidavits

In Iowa by signing a paternal affidavit, a male can have his name placed on the birth certificate as the father. That name can be removed by signing a recession. Is the birth certificate not a legal paper and should not be so easily changed and munipulated? And by removing the father's name with the recession, does this not say that he is not the father? Should my wife and I still have to battle him for relinquishment of rights so that I can adopt? And is anyone able to sign a paternal affidavit and have their name placed on the birth certificate at any time? I don't understand how this can all be possible and it was done without a lawyer. Any help to quide us would be greatly appreciated. Thank you.


Asked on 7/01/08, 6:12 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

Re: Paternal Affidavits

The expression of paternity in the affidavit is the important consideration. What's on the birth certificate may be just a piece of paper, but the affidavit establishes paternity as a matter of law.

Removing the fathers name has no legal effect.

To your second question, the answer to that is there's no slam dunk for you if the guy doesn't want to surrender his parental rights.

You need a lawyer and you need to be willing to bankroll the litigation that may be required.

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Answered on 7/02/08, 5:05 pm


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