Legal Question in Family Law in Kentucky

Name on birth certificate and parent rights

If a woman gives birth in Kentucky and pits a name on the birth certificate for the faher who may or may not be the biological father is that indicated father the legal fasther with parental rights in Kentucky?


Asked on 3/31/07, 1:46 am

1 Answer from Attorneys

Gregory Napier Troutman & Napier, PLLC

Re: Name on birth certificate and parent rights

A legal father would be the husband of a woman who gives birth during the marriage regardless of whether he is the biological father or not.

Putting a man's name on a birth certificate creates a presumption that he is the father, but individual judges tend to give this presumption more or less weight than others. At the very least it makes him a "putative" father.

A putative father basically has the right to be notified of legal proceedings that could affect his parental rights if he proves to be the actual father.

If unmarried, it is best practice to put no father's name down if there are uncertainties about who supplied the sperm.

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Answered on 3/31/07, 1:29 pm


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