Is My Boyfriend the Legal Father of My Son?

Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

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?

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.