Legal Question in Family Law in New York

naming rights on the birth certificate

My daughter will be having a baby and would like to know whether she has to include the fathers name on the birth certificate. They are not seeing each other anymore and have never been married. Are there any pro's or con's on this issue? Thanks for you help..


Asked on 2/19/08, 12:42 pm

1 Answer from Attorneys

Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: naming rights on the birth certificate

Naming him does not automatically require him to pay child support. On the other hand, if he is named and acknowledges the baby as his, it will faciilitate her obtaining such support.

Not naming the father would require him to seek parental rights and could then result in a paternity case.

Finally if she doesn't name the father, and the child carries her name, there will be less questions when the child starts school.

There are a lot of missing issues. For example, do they talk? Is he aware of the pregnancy? Will she be seeking support from him? Is he willing to forgo his parental rights?

It would behoove your daughter to seek out an appointment with a lawyer to discuss her options.

Good luck.

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Answered on 2/20/08, 8:01 am


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