This is a complicated situation, and I already know that.
I live in Pennsylvania, and I’m married. My husband and I are in an open relationship. I’m pregnant, and we know for sure that my husband isn’t the biological father. There are two possible fathers, but neither wants to do a prenatal paternity test, which I understand.
My questions:
Since Pennsylvania assumes the husband is the father, does my husband have to be on the birth certificate?
If we want to get a paternity test after the baby is born, how can we legally make that happen?
Legally, your husband is the father until a DNA test says otherwise. There’s a short window to challenge this, so he should take action if he doesn’t want legal responsibility.
Honestly, are you sure this is the best idea? What’s your husband’s plan—does he want to stay in the marriage? Why keep a baby in a situation like this? Won’t this just make life harder for everyone involved?
@Tan
Wow, okay. Yes, my husband knows and supports me. Why would I get rid of a child that’s part of me? He and I will love and raise this baby together. To us, that’s what matters most.
Because you’re married, your husband is legally considered the father unless a DNA test says otherwise. If the biological father wants custody, he could go to court for visitation. On the flip side, you could also take him to court for child support.
There are risks for everyone involved, so talking to a lawyer would be a good idea. If you don’t want to push the issue right away, you could wait until the baby is born and look into DNA testing later.
If that’s all you want, you definitely need to talk to a lawyer. Since your husband is legally the father, this could turn into a bigger legal issue than you expect. Are you looking for medical history, financial support, or just peace of mind? If I were one of the potential fathers, I’d want a legal agreement making sure I wouldn’t be on the hook for child support. This stuff can get complicated fast.
@JusticeJenna
Actually, in Pennsylvania, there isn’t an easy way for a husband to remove himself as the legal father. In other states, the husband can deny paternity within a certain time after birth, but Pennsylvania doesn’t offer that.
To change paternity, there has to be a really good reason, and staying married while raising the child together makes it harder to argue that the husband shouldn’t be the legal father.
Your husband’s name will be on the birth certificate automatically. He doesn’t need to sign anything.
If you want to establish paternity, you’ll have to file a case in family court and name the potential fathers. The court can then order them to take a DNA test.
But think carefully—do you want one of these men involved in your child’s life? Because once paternity is proven, they could seek custody and visitation.
@Taliesin
Real question—if nobody at the hospital asks whether she’s married, can’t she just say she’s single and leave the father’s name blank? When my kids were born, nobody checked if we were actually married. They just took our word for it.
@Tan
The state will know the truth as soon as you try to file anything in court. Lying on a birth certificate is only going to cause more problems later.