Legal Question in Family Law in Massachusetts
Adoption without father on birth certificate
I have a 10 month onld child and the biological father is not stated on the birth certificate. There has been a paternity test issued, but I do not comply with the order and have heard nothing from the courts in 4 months. I am wondering what the legal consequences will be if I allow my current boyfriend to add his name on her birth certificate - we have been together for 8 months and he is the only father my child knows. We are both willing to extend the truth at the local city hall and say that he is the biological father. I just want to know if we could get into any legal trouble? I live in Worcester County. Thank you!
3 Answers from Attorneys
Re: Adoption without father on birth certificate
Your baby has a right to know and be supported emotionally and physically by her true biological father. If for no other reason than her health history, it is wrong to even think of putting the wrong name on her birth certificate for her biological father. Moreover it is a serious crime to falsify an official record which must be signed under pain and penalty of perjury for both you and your new "|"boy friend". Don't do it. retain an attorney to advise as to options for adoption if the true father really poses a danger to the child, and also to advise you how to avoid being held in contempt of court for not complying with the court ordered paternity test. Good Luck!
Re: Adoption without father on birth certificate
The child's biological father also has rights, as well as, your child to know her biological father.
If you were court ordered, and you refused to comply with that order, you can be held in contempt of court, and could eventually be arrested if you continue to ignore court orders. You are absolutely breaking the law. If you think for one minute by going down to city hall and putting your "new boyfriend" on the birth certificate equals an adoption you are wrong.
You say that the baby is only 10 months old and the biological father is not involved. I may be wrong but it seems to me that you have a hand in that, together with your new boyfriend.
Conclusion, you are breaking the law and it will catch-up to you eventually and the one that will suffer is your baby. So sad!
Maria Murber
Re: Adoption without father on birth certificate
I agree with Attorney Murber. You are committing a criminal act. Depending upon all the facts, it would not shock my conscious if you ultimately served a sentence if you carried through with this contemplated conduct.
If the biological father is dangerous to the child's well-being, there are other ways to address that than committing fraud upon the system.
atty hall