QUESTION

Who can I list as the father on my baby's Birth Certificate?

Asked on Feb 27th, 2014 on Family Law - Ohio
More details to this question:
I am married but currently separated and have been living separate from my husband for about 3 years. I am pregnant by my current boyfriend. Can I list the biological father (current boyfriend) as the father on my baby's birth certificate? (I am NOT legally separated or divorced yet. but in the process of a dissolution.)
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1 ANSWER

Domestic Relations Attorney serving Lorain, OH
Partner at Sylkatis Law, LLC
1 Award
Ohio Revised Code 3705.09(F)(1) states that if the mother of the child is married at the time of either conception or birth or between conception and birth the name of the husband shall (means must in this situation) be put on the certificate as the father of the child.  Thus, your husband will be the presumed father of the child and listed on the birth certificate.  In order for the biological father to be put on the birth certificate you or he will have to file a complaint to establish paternity, have a DNA test done, and have a determination of paternity completed along with a court order designating the biological father to indeed be the father.  Then with the determination of paternity along with the court order, you can have the birth certificate changed. For more information visit us at www.Sylkatis-Law.com & www.LorainDivorceAttorney.com
Answered on Feb 27th, 2014 at 4:11 PM

The answer provided is not legal advice and it is recommended that you seek advice of an attorney.

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