Legal Question in Family Law in Wisconsin

Father is not named on birth certificate

My brother's ex-girlfriend recently gave birth to their child. He was not present for the birth nor was he named as father on the birth certificate. The mother is not a legal citizen and plans on taking the baby to Mexico for long periods of time (and may not come back at all). Since he may not be able to see his child, he would prefer to relinquish his parental rights. Does he have to be named on the birth certificate to do that? What is the best plan of action to start the procedure? Thank you for your advice.


Asked on 8/15/07, 5:02 pm

1 Answer from Attorneys
Thomas Olson David F. Gram & Associates, LLC

Re: Father is not named on birth certificate

A father cannot terminate his own parental rights and even if the mother agreed, a court would not terminate those rights unless there were another person ready to take the place of the biological father (that is, a step parent who would adopt).

You should consult with an attorney that knows immigration and Mexican law pertaining to children and/or then you may want to file a family court action here.

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Answered on 8/15/07, 6:34 pm


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