23 answers

What Happens If Father Does Not Sign Birth Certificate at Hospital?

Hi ladies,
So as you all know i have filed for divorce, but am having a baby within the next week or 2. His baby, but he is going out of town this week, so i'm afraid he wont be here to sign the birth certificate if i go into labor. i don't want to have to deal with a paternity test, blah blah and the divorce just because he doesnt think the fact that i am having his baby any day is important enough to stay in town.
I'm not really sure what happens. Will everything be ok if he is not there to sign the birth certificate? Is it enough to have his name on it? I am filing for child suport and gov. assistance.
Thanks in advance!
Heres what i found:(we are still married for now)
Arizona law (§36-334) requires that if a mother is not married at the time a child is born and has not been married any time during the preceding 10 months, no father will be named on the birth certificate unless both parents file sworn statements or unless so ordered by a court of competent jurisdiction

What can I do next?

Featured Answers

My husband at the time never had to sign the birth certificate. I just filled it out and signed it. I actually think there is or was something that the husband is assumed or something.

Why don't you just call the hospital and ask them?

4 moms found this helpful

Call the hospital that you think that you will be going to and ask them. Tell them the situation. Good luck!

M

2 moms found this helpful

More Answers

My husband at the time never had to sign the birth certificate. I just filled it out and signed it. I actually think there is or was something that the husband is assumed or something.

Why don't you just call the hospital and ask them?

4 moms found this helpful

Call the hospital that you think that you will be going to and ask them. Tell them the situation. Good luck!

M

2 moms found this helpful

I am in NM, how it was handled at the hospital 6 weeks ago for our littlest guy was that if you were married at any time in the last 10 months, then the baby is presumed to be the husbands baby. No signature required - other than mom's.
(If you were not married, or wanted to declare different paternity, then they had a separate set of forms that needed to be filled out, in addition to the initial ones.)
How I read the law that you quoted is that it is the same as here. The people at the hospital are used to all sorts of different situations coming into the hospital - you could call and ask in advance, or talk to them while you are there. I think it will not be a big issue at all! Try not to worry- you have better things to worry about. :)

2 moms found this helpful

I agree, call the hospital and ask to speak with the person who files the birth certificates, they are probable your best source of information. Just a thought, can your husband sign anything now, before he leaves town?

Best of luck.

1 mom found this helpful

What I understand from the law you posted is that your husband will be listed as the father whether he is there to sign or not because 1) y'all are still legally married (you filed for divorce but it's not final yet) 2) even if your divorce were final, you were married part of the preceding 10 months.

Personally, I wouldn't tell them you have filed for divorce. When it is time to do the birth certificate tell them you are married to X. If they ask where he is just say he is out of town working. I doubt anyone would think twice about that.

1 mom found this helpful

I have lots of experience doing birth certificates at a hospital.
I'm in California, but things only really get tricky when the parents aren't legally married.
A father can't be named on the birth certificate unless both parents sign a declaration of paternity and their signatures are witnessed by a hospital official or notary public.
You are married.
I have had many, many parents who were married and not even going through a separation and either parent can sign the birth certificate in that case.
Example: We had a baby who was sick and had to be flown out. This all happened very suddenly and there was no time for the parents to worry about the birth certificate in that case. They had an older child and the dad travelled back to take care of things at home and he alone signed the birth certificate. The mother wasn't available in that case. They were legally married, there was no issue.
Like I said, in my experience, it only gets tricky if the parents aren't married.
Both parents can be named and either parent can sign the birth certificate if you are married.
Call the hospital where you will deliver and ask....
There is such a thing as a "married but separated" packet of paperwork to fill out. It doesn't sound like he's contesting paternity though.
That's all it boils down to. No one cares if people are married or not or divorced or separated. All that matters is the legality of paternity where the birth certificate is concerned.
I know that when I enter information into the state computer it only asks if the mother was married at any time during the pregnancy and if you answer yes....it doesn't require anymore information.

I hope that helps. I know this is a tough time for you.
Take care of yourself and the baby.

1 mom found this helpful

No name, no signature, no child support, when single ... depending on the state of the divorce proceedings that could be the case I would talk to a lawyer just to make sure.

1 mom found this helpful

Not sure about where you are, but here, while the hospital provides a package of all the forms for you to fill out & they will send it off, you can also take it home & have up to 30 days to send it in. What if you hadnt decided on a name yet? I would check and see if you can send it later.

1 mom found this helpful

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