A man who believes he is the biological father and his name is not on the child’s birth certificate of the child can ask the mother of the child to perform a paternity test. If the mother refuses to perform a paternity test. The alleged biological father will not be able to force the mother to perform testing. Therefore, the only recourse the alleged father may have is to file a paternity petition with Family Court. If the judge accepts your petition the judge will issue a court order to the mother. If the mother refuses to appear in court. The judge may hold the mother in contempt of court.
If a woman is married and has a child with another man who is not her husband. The other man (biological father) will not be able to have his name placed on the birth certificate because the husband will be deemed the legal father of the child. The only circumstance where a biological father can have his name placed on the birth certificate will require cooperation with the husband and wife in order to convince a judge or magistrate to agree to a birth certificate name change. It is recommended that you seek counsel with a Family Law Attorney in your state to learn more about your state’s paternity establishment laws.
An unmarried man whose name is not on the birth certificate does not have any legal rights and can not make any decisions on behalf of his child with the child’s mother or legal guardian. If you are in need of legal paternity testing services to establish paternity. Please contact our office today at 888-204-0583.