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  1. #1
    Kayangel's Avatar
    Kayangel is offline Bubba boy number two is coming!
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    Default Dads name on birth cert

    Hi Ladies,

    Sorry if this is the wrong place to post this as im not a single mum, I was though and thought this is probley where im going to get the most help with my question.

    I have a 13 mth old DS who isnt my current partners but my first son is my partners, yes very confusing but thats a whole other story, my ex denyed our son but its all just gone though court and his been ordered as the father, to pay child support and to go on the birth certificate my ex didnt show in court so no dna testing was done just orders ruled against him, im just wondering others thoughts on if i should or shouldnt put him on the birth certificate, when DP and I get married im wanting to change his last night so his the same as me and my first son and of course DP, i dont want one of them excluded seeings as we also want more kids but than i think if i leave it blank wont ds get upset when his older?

    thoughts?

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    Hi Kayla, I am not too sure how it all works but if you had P's name on Joel's birth certificate and you wanted to change it to M's surname you may have to get P's permission to do so, but again, I am not too sure with that. You may have to get permission to get passports and things like that too, I have to with my ex though there's an avo against him. Anyway, hope I've helped a little, maybe someone else can give more details. Good luck with it all.

    Did you want to put M as the father instead or just leave it?

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    If its be ordered to well it has to happen doesnt it? I would prefer not to but its just how i am. I would be looking towards the future with things like changing names, passports etc as it might not happen if its on the birth cert.

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    I was in a similar situation my dd her dad wanted nothing to do with us from when i was about 12 weeks pregnant. We had dna done which was originally requested by him (cause im supposedly such a tramp!!) and then he wouldn''t do it but some stern letters from my lawyer and some text messages from me did the trick. Turned out he was the father suprise suprise and he signed the centrelink and child support paperwork. If i had wanted to pay for the priviledge i could have added his name to her birth certificate but i didnt because i knew i would always be single and i wanted more children (using sperm donor) and i wanted each of their birth certificates to have my name alone not some mystery father figure who isn''t ever going to be around.

    My understanding is if there is no father listed on the birth certificate then you can change things as you want but seeing as you have court orders to change anything i believe you would have to go back to court.

    I struggle every day with what i will tell my daughter when she asks about her date cause i cant tell her that hes an ar$e and doesnt love love her but we''ll get there. Shes 3 now and everyone around her has the standard mum and dad combo except us but she has never asked.... yet.

    Best of luck

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    Even if your ex isn't put on the birth cert he has still been recognised as the father through a DNA test. So when it comes to things like changing your DS's name, obtaining a passport, etcc you are still going to need his permission.

    If the ex is somewhat of an undesirable person i would leave the birth cert blank for now. Maybe in the future when your DS is old enough to have an opinion on the matter you could consider adding him.

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    was it ordered that he is the father is the eyes of the law and court system. or he is to be put on her birth cert?
    With my child we had DNAs etc... and he didnt sign the birth cert but the corut order that he is to be seen as the father of the child due to results of parentage test and since there is no orders for me to put him on the certificate I have never bothered.

    Because its been to court for you and he is the legal bio father tha unless you have sole parental responsibility he has assumed equal parental responsibility and even without being on the birth cert you can not legally change the childs name...
    In some states though if you have sole parental responsibility then you can change the childs name without the other parents permission

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    I assume that you went through the Family Court for child support reasons?

    If you had legal advice before hand the solicitor really should have gone through with you the pros and cons of taking the matter to Court as in many cases the cons on having a birth father on the certificate outweigh the pros in a situation such as yours.

    I suggest that you get some legal advice before doing anything else. You may find that the FOB wants to enforce the Court orders and this will mean that his name has to be entered on to the birth certificate which will mean that he has to consent to a name change or an application for a passport or if he refuses you have to apply to the Court for these changes.

    If he doesn't want to be in the picture and the current orders do not state that his name has to be entered on the birth certificate then you may get away with leaving it blank - but you really do need legal advice on what the exact orders are that have recently been made.


 

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