Is My Boyfriend the “Legal” Father of My Son?

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My son is 2-years-old. I listed my boyfriend as his legal father because we were together. However, we were not together when I became pregnant. My boyfriend has filed to petition paternity through the state of Missouri. They keep giving us the run-around and say since he signed the birth certificate he is the legal father. He knows he is not and does not have the money to pay for a legal dna test on his own. Will a dna test be required based on him already being on the birth certificate with him petitioning paternity?

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

Typically, under most state laws, since your boyfriend’s name was listed on the birth certificate, he won’t be required to prove paternity. If your son’s biological father petitions for paternity, he will likely be required to take a dna test. Since your boyfriend signed the birth certificate, he is the legal father. Contact a local attorney for legal advice and guidance.

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Author: House Attorney