Keep in mind that parents are legally responsible for their children and their support, regardless of whether the parents are married to each other or not. And even if the father did not want the child, or split from his partner before the baby was born, he remains responsible for the child's support. Having an acknowledgment of paternity is crucial in getting this financial support. In most states, you may give your child any first, middle, and last name you like.
Whether you are married or not, you don't have to give the baby the last name of either parent if you don't want to, and the child does not have to have the father's last name to be considered "legitimate. The procedure for naming a baby is simple.
A representative of the local health department or similar agency, or a hospital social worker, meets with the new mother in the hospital immediately after the birth and asks her the child's name and some questions about the mother's health and the father's name and occupation. The mother doesn't have to name the child at this time, though she will probably be urged to do so. The information the mother gives is typed on a form that she signs.
The state then issues a birth certificate, which usually doesn't reveal whether or not the parents are married. If the baby isn't born in a medical facility, the mother or the physician, midwife, or other person assisting in the delivery must notify health officials of the birth. Again, there's no legal requirement that the baby be named at this time, but it's common to do so.
In either case, if the mother did not name the baby or did not give the father's identity, it is possible to update the birth certificate later to include that information.
The state Department of Health or Bureau of Vital Statistics in every state will have procedures for adding the father's name to the child's birth certificate or amending the birth certificate to show the child's name. If you are going to be adding the father's name to a birth certificate, most states will require an unmarried father to sign an acknowledgment of paternity. For information on your state's department of health which will either handle vital statistics or refer you to the state Bureau of Vital Statistics , visit the website of the National Center for Health Statistics NCHS.
The best way to establish the father's paternity is by naming him on the baby's birth certificate. Under U. Department of Health and Human Services regulations, all states must offer unwed parents an opportunity to establish paternity by voluntarily signing an acknowledgment of paternity, either at the hospital or at a later time.
In many states, as a result of political pressure to reduce the number of mothers on welfare by ensuring that there is someone else with an obligation to support the child, hospital personnel will make every effort to get the father to sign the acknowledgment.
In some states, including California, the only way that an unmarried father's name can be placed on a child's birth certificate is if the father signs a voluntary declaration of paternity.
If the father is not present at the hospital following the birth, the mother will not be able to list him as the father on the birth certificate in his absence—the father and mother will instead have to sign the voluntary declaration of paternity at a later time, and have the father's name added to the birth certificate later. A voluntary declaration of paternity signed by both parents has the same legal effect as a court order, so once it is signed and submitted to the appropriate agency, the father's paternal rights are firmly established.
If you live in a state that requires a voluntary declaration of paternity before placing an unmarried father's name on a birth certificate, and you and your partner split up before the baby is born, you may have to bring a legal action to establish paternity if your ex-partner won't sign the voluntary declaration.
If both you and your partner are present for the birth, and it's clear that your partner is the child's father, it's unlikely that you will be able to leave the hospital without naming the father on the birth certificate or signing a voluntary declaration of paternity.
However, if for some reason you do not name the father on the birth certificate or sign a voluntary acknowledgment of paternity at the hospital, then it is essential that you prepare and sign either or an informal "paternity statement. As discussed above, all states have official forms on which a man can voluntarily acknowledge his paternity of a child.
In some states, there is a time limit for signing these forms, but in others there is no time limit, and in many states, the father's signature on the forms acts as a substitute for a court order, officially establishing his parental relationship with the child.
A homemade form will not accomplish the same thing, so before you create one, find out whether you can still sign a voluntary declaration of paternity with the state. All states have official forms on which a man can voluntarily acknowledge his paternity of a child. For information on your state paternity rules and forms , contact your state department of health find yours on the website of the National Center for Health Statistics NCHS.
Assuming you haven't signed a paternity statement in the hospital, or used your state's voluntary declaration of paternity, you can prepare a paternity statement yourself quite easily. A Sample Acknowledgment of Parenthood , to be signed by both parents, is included here. Use this as a model in preparing your own.
Simply Simply fill in the father's name and the mother's , and the child's name, birth date, and place of birth in the appropriate sections. Measure content performance. Develop and improve products. List of Partners vendors. There's a lot of confusion surrounding the issue of single mothers, fathers, and birth certificates.
First, you should know that legally including the father's name on a state-issued birth certificate requires his participation. If he happens to be unavailable—because you don't know who he is or cannot locate him—it's a non-issue. Even if you listed him on the application, it wouldn't make it onto the actual birth certificate without his signature on a legal Acknowledgement of Paternity form. If your baby's father is involved, then naming him on the birth certificate doesn't necessarily benefit him, but it could benefit your child.
For example, let's say that the father died while your child was still a minor. If you legally acknowledge paternity by including the father on your child's birth certificate, then your child will be eligible to receive Social Security death benefits.
The idea that including the father on the birth certificate makes it easier for him to get custody is a misconception.
In reality, your baby's father can formally request custody or visitation at any time—whether he's on the birth certificate or not. All he has to do is file a request with your local family court.
If he were not already on the birth certificate, then the court's response would include paternity testing, but it wouldn't make the judge more or less likely to grant him custody or visitation. If you currently receive state assistance in the form of Temporary Assistance for Needy Families , or if you apply for benefits in the future, the government will require you to name your child's father so that they can attempt to recover child support payments from him.
Ultimately, the decision of whether to include your baby's father on the birth certificate is an intensely personal one. Consider the conversations you've had with your baby's father thus far about his intentions to be involved after the baby is born.
Unfortunately, it is not uncommon for a father to be reluctant to sign an acknowledgement of paternity. Formally acknowledging paternity is a huge commitment and opens the door to him being responsible for the child financially as well. If he's reluctant, you could request paternity testing after your baby is born. If you decide to file for child support , the state will conduct paternity testing for you. Deciding whether to name your child's father on their birth certificate doesn't end there.
Choosing to list your child's father on their birth certificate forever legally binds your child to their biological father. This official acknowledgment will likely be meaningful to both father and child. If you intend or hope the father will be involved in your child's life, putting them down as the father usually makes sense. Although, you will need the father to sign an AOP or court judgment to make it official.
Consider that most children want to know who both their biological parents are. Listing the father on the birth certificate, whether they are actively involved in parenting or not, gives both child and father confirmation of this relationship. Additionally, this documentation also brings legal entitlement.
Once a father is listed on the birth certificate, they become legally responsible for the child. If you intend to request child support from the father, getting them on the birth certificate is an important first step, as it establishes them as the father. Additionally, adding the father on a child's birth certificate can facilitate enrolling the child on the father's health insurance plan if that is your intent.
If you want your child to get health insurance through their biological father, having the father on the birth certificate can serve as documentation that the child is the father's, paving the way for getting coverage authorized.
Another reason to list the father on the birth certificate is that this documentation will allow your child to receive death benefits, such as Social Security or a continuation of child support, in the event of the father's death. If the father is not on the child's birth certificate, paternity would need to be proved in another way.
While there are significant benefits to listing a child's father on their birth certificate, there are some potentially huge drawbacks, particularly if your relationship with the child's father is contentious or unhealthy. Putting them on this official form links them to your child, and there are many legitimate reasons that this may not be in your child's or your own best interests. Once a father is one the birth certificate, you are officially declaring them to be the child's father.
This gives the father the ability to assert parental rights, including custody and visitation rights , at any time.
Of course, not being on the birth certificate does nothing to prevent the father, assuming they know they are the father, from requesting custody rights. If you don't want the father to be involved in the child's life, for whatever reason, you may decide that it's best not to put them on the birth certificate.
Another consideration to weigh is the impact naming your child's father on their birth certificate may have on your ability to make parental decisions. Key choices, such as those relating to health care treatments, moving to a new city or state, and registering the child for school or activities, may become challenging, as you might need to get the other parent's agreement and signature. Sometimes, you may even need a court order to make basic choices if the other parent cannot be located or does not agree with your decisions.
Taking children out of the country, particularly if they do not have the same last name as you do, becomes another hurdle. You may be required to provide a certified letter at border crossings that gives you permission from the father to travel with your child.
If there is no father listed on the birth certificate, you can bring that document with you, which would establish you as sole guardian for travel purposes. Additionally, if the father is on the birth certificate, the mother can only get a passport issued for the child if both parents are present at the passport office or if the mother has a notarized letter from the father giving their permission.
In other circumstances, you may not want to list the father due to infidelity yours or the father's and the potential negative fallout that putting them on the form might create. You'll want to carefully weigh all the potential benefits and drawbacks as well as the wishes and rights of everyone involved as you make your decision.
There are two ways to add a father's name to the birth certificate. The simplest circumstance is adding the name when the form is initially created, which is usually done before leaving the hospital. In this case, all the mother needs to do is to include the father's name on the form and, in the case of unmarried parenting, the father also needs to complete the AOP.
The second scenario is when the father was not on the original birth certificate and is added after it was issued. When this happens, paperwork and usually a fee is required to make the change and have the form reissued. This step is done via your local vital records office. Hospitals generally require the following information to add a father to a single mother's child's birth certificate:. Although it is preferable for parents to add a father's name to the child's birth certificate at the time of birth, it is possible to add the father's name to a child's birth certificate after it is issued.
Although the process varies by state, to amend the child's birth certificate after it's issued, a parent would need to do the following:. A new birth certificate with the child's name will then be sent to the parents, though it may take a month or more to receive it. There are many scenarios in which mothers will find themselves weighing whether or not to add the father's name to a child's birth certificate.
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