Legally Speaking by Cassandra Savoy, Esq. OP/ED
Cleo and I went out for a month or so. The next thing I know, she says, “You are my baby’s father!” Should I put my name of the birth certificate? Here’s what you need to think about…
In New Jersey, the rule is clear and certain. Parents must support their children from the day they are born until the day they 18, and until 19 if they are still in high school, and until 23 if they go to college. Therefore, the relevant question is, “Am I the father?” The courts must allow you to be tested to determine paternity. But… While this list is not conclusive, you will be presumed to be the child’s biological father if:
1. You and the child’s biological mother are or have been married to each other and the child was born during the marriage. (Yes. This means it could be problematic for you if you and your wife are separated and she becomes pregnant.)
2. After the child’s birth, you and the child’s biological mother marry or attempt to marry each other solemnized in a ceremony in apparent compliance with the law even if the marriage is later declared invalid or void.
3. You have acknowledged paternity of the child by signing the birth certificate.
4. You attempt to have your name put on the birth certificate.
5. You openly hold the child as your natural child; or,
6. You are obligated to support he child under a written voluntary agreement or court order.
7. While the child is under age eighteen, you provide support for the child and openly hold out the child as your natural child.
One question I am often asked is, “Can she put my name on the birth certificate whether I agree or not?” The short answer is “Yes.” In cases where Mom is receiving or applying for Temporary Assistance for Needy Families, or WIC or Section 8 housing or any other form of assistance, the government will require that Mom discloses Dad’s identity so whether you agree or not, you could be named.
I have seen Mom name the Dad of a twelve-year-old and when Dad gets the notice to bring his tax returns and pay stubs to the courthouse so that he can sign up for child support, Dad is stunned!!! I have also seen Dads contest paternity in these situations and as often as not, the Dad names is the Dad according to the test.
On the other hand, be reminded that the Dad being on the birth certificate or not doesn’t guarantee or limit paternal Dad’s ability to have parenting time. Dad can fight for visitation rights through the courts (regardless of what the birth certificate says) at any time.
Likewise, financial support can be claimed on behalf of the child even if the father is not on the form. If your name is not on the birth certificate and you want to put your name on the birth certificate, Dad can fill out and sign a voluntary acknowledgement of paternity (“AOP”) form.
