H
HELP-GG
Guest
- Jurisdiction
- Indiana
how can my ex boyfriend sign my childs birth certificates from mexico and me in us??
-
Welcome to our legal community! Click here or the create new topic button to ask a question and receive answers and comments from our friendly and helpful legal community.
Articles that answer frequent legal questions are in our Law Guide. Important legal news is reported in The Law JournalYou can find a lawyer near you in the Lawyer Directory. If you know that you need to hire an attorney, you can submit a case review from a lawyer.
Highwayman
Well-Known Member
He can't. Why does he have to sign a birth certificate?
You are providing no details here. Why don't you try again.
You are providing no details here. Why don't you try again.
army judge
Super Moderator
Signing the birth certificate is meaningless to an unarmed male, anyway.
If he wishes to establish paternity, a DNA test must be conducted under the auspices of an Indiana court, followed by a hearing to establish paternity legally, arrange child support, and legal visitation.
None of that is going to happen with him in another sovereign nation.
You, on the other hand, can take your little blessing to his country, to begin your new life.
I hear its more informal in that country on our southern border.
..... He wants to sign the birth record so I can legally change her last name to his. And once , if ever I can afford to visit Mexico they could finally meet in person instead of the Internet.
.... He does not want or need a dna or test, he knows she is his. I can't move there , I have 6 other children to tend to and we are no longer a couple.
That's not how it works at all. If you aren't a couple then he doesn't even have any legal rights.
Where was this child born? US or Mexico? If Mexico then US law doesn't apply and I don't think anyone can help you on here. If US, then he has to establish paternity in court and will have to take a DNA test to do so and be on the hook for child support.
Why would you want to change the kid's name now if you aren't even together? He or she can change the last name once an adult.
army judge
Super Moderator
..... She was born in Indiana, they have never met but he and I know it is his and he wants to meet her, he is not challenging paternity and I know there will not be any child support as the child is in her teens and we manage just fine.
army judge
Super Moderator
Unless he returns to the USA, that birth certificate stands zero chance of being amended.
This link tells you what must be done in Indiana to amend the child's birth certificate:
..
..
ISDH: Correct/Amend a Birth Certificate
..
..
It might be easier to wait until the teenager becomes an adult at age 18.
She can then simply go to court and change her name, legally.
That process is easier and cheaper.
Once she has made a legal name change through the court process, that court document can be used to have her name changed on her birth certificate.
Frankly, its much ado about nothing, maybe.
If she marries one day, she might change her name anyway.
I've known at least three people who have changed their minor child's last name without having to do anything with the birth certificate. They just went to court and petitioned for a name change, in the same way an adult would who was seeking to legally change their name.
In all of those cases it was done because it made it easier to keep step-families sorted out if everyone had the same last name, but I'm sure there are a wide variety of reasons why people might change theirs or a child's name, including your reasoning.
Since it seems that all you want is to legally change her name to his, then check on how you can do that on behalf of your minor child in your state.
In all of those cases it was done because it made it easier to keep step-families sorted out if everyone had the same last name, but I'm sure there are a wide variety of reasons why people might change theirs or a child's name, including your reasoning.
Since it seems that all you want is to legally change her name to his, then check on how you can do that on behalf of your minor child in your state.
You generally in most states have to get permission of the other parent to legally change the child's name. It's not the same as an adult changing their name. At all.
For example - in South Dakota. My youngest brother grew up with the same last name as the rest of us because, until my mom left with him for the guy she had an affair with and later married, we all thought my dad was our youngest brother's bio father. But during the divorce a paternity test was done on that guy and my brother. He is the bio father. But he was never legally the father and to this day isn't. My parents were married when he was born so my dad was always legally the father (and should have fought custody). My mom and dipshit tried to change my brother's last name before he was 18. They couldn't. South Dakota said they had to get one more paternity test. They couldn't afford it. So they waited until he was 18 and guilt tripped him into changing it.
I have seen where a parent will allow their child to use another last name but it wasn't legally changed. My ex stepson - while his mom was married to her ex husband (not my ex - the kid's stepdad) she asked my ex, the boy's dad, if his son could use her husband's last name since her kids with that guy had the same last name and he had her maiden name. He said yeah. So for a short time he used his stepdad's last name. Until she divorced him. But they never legally changed it.
Right now my brother's stepson uses his last name at school but I don't think they legally changed it. They were attempting adoption but they don't have the money now to go forward. My brother has raised that kid since he was 2 years old. I don't think he's ever met or remembers his bio dad. He dipped out when my nephew was 6 months old and never looked back and has several more baby mamas.
It honestly depends on the state and the situation. They could just use the last name without a legal change.
My son used his stepfather's name when he was a child, but I didn't want to legally change it. He started using his legal name when he was in his teens. That made life a whole lot easier for us when he was younger, and he didn't feel like the "odd man out" in the family because his name was different than mine and his brother's.
Of the cases I mentioned above, which occurred in two different states, I'm pretty sure two out of the three didn't require permission from the other parent, because the parents were never married and the mother didn't put the father on the birth certificate. Paternity had never been legally established (even though they knew who the bio dads were) and so the only legal parents in those kids' lives were their mothers. The OP doesn't say anything about anyone else being listed on the child's birth certificate, nor is she concerned about establishing paternity, so the same thing may apply here. She wants to add him to the birth certificate in order to change her daughter's name but if he's not named on there (and if no one else is either) then technically I wouldn't think she would need his permission.
That's why it's always good for someone who has questions to check out how things work in their own state and with regard to their specific situation.
Of the cases I mentioned above, which occurred in two different states, I'm pretty sure two out of the three didn't require permission from the other parent, because the parents were never married and the mother didn't put the father on the birth certificate. Paternity had never been legally established (even though they knew who the bio dads were) and so the only legal parents in those kids' lives were their mothers. The OP doesn't say anything about anyone else being listed on the child's birth certificate, nor is she concerned about establishing paternity, so the same thing may apply here. She wants to add him to the birth certificate in order to change her daughter's name but if he's not named on there (and if no one else is either) then technically I wouldn't think she would need his permission.
That's why it's always good for someone who has questions to check out how things work in their own state and with regard to their specific situation.
army judge
Super Moderator
Yes, or seek a REAL answer from a licensed professional with ability to answer the question or do the work.
Share this page
