Legal Question in Family Law in Mississippi

Re: Paternity issue with illegal immigrant

The father's status, or not, as an illegal immigrant does not affect whether he is, in fact, the father of the child. Because he is presumed to be the father, court action is required to establish the respective rights of the parents and/or change the child's name.

Re: Paternity issue with illegal immigrant

Whose last name will be on my child's birth certificate?

If the mother was not married at any time from conception to birth and the father acknowledges paternity, the father's name shall be added to the birth certificate, if a notarized affidavit by both parents is received on the prescribed form.

If the mother was married at any time from conception to birth, the husband's name shall be placed on the birth certificate. To have the biological father's name on the birth certificate requires a court action to have a major change made to the birth certificate.

Mississippi Code Section 41-57-23(2): "If a child is born to a mother who was not married at the time of conception or birth, or at any time between conception and birth, and the natural father acknowledges paternity, the name of the father shall be added to the birth certificate if a notarized affidavit by both parents acknowledging paternity is received on the form prescribed or as provided in Section 93-9-9. The surname of the child shall be that of the father except that an affidavit filed at birth by both listed mother and father may alter this rule. In the event the mother was married at the time of conception or birth, or at any time between conception and birth, or if a father is already listed on the birth certificate, action must be taken under Section 41-57-23(1) to add or change the name of the father."

www.mbn7624.com/blog/