Can A Mother List Any Name On The Birth Certificate Without Consent Of The Father
01/09/2008 - Paternity - State: NY #14586
When a baby is born does the father have to sign as the baby's father in order to be listed on the birth certificate. In other words, can a mother list any name on the birth certificate without consent of the father?
The following is a NY statute:
§ 4135. Birth certificate; child born out of wedlock.
(a) There shall be no specific statement on the birth certificate as to whether the child is born in wedlock or out of wedlock or as to the marital name or status of the mother.
(b) The phrase "child born out of wedlock" when used in this article, refers to a child whose father is not its mother's husband.
2. The name of the putative father of a child born out of wedlock shall not be entered on the certificate of birth prior to filing without
(i) an acknowledgment of paternity pursuant to section one hundred eleven-k of the social services law or section four thousand one hundred thirty-five-b of this article executed by both the mother and putative father, and filed with the record of birth; or
(ii) notification having been received by, or proper proof having been filed with, the record of birth by the clerk of a court of competent jurisdiction or the parents, or their attorneys of a judgment, order or decree relating to parentage.
3. Orders relating to parentage shall be held confidential by the commissioner and shall not be released or otherwise divulged except by order of a court of competent jurisdiction.
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01/09/2008 - Category: Paternity - State: NY #14586
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