Giving up rights to child I have never seen

[bill3993]

What is the name of your state? oregon
In 2000 I had an affair with a married woman. I just found out that our affair resulted in a child. Her husbands name was put on the birth certificate and he has been raising this child for the past 4 years. This couple just recently got divorced and now he doesn't want to pay child support on this chiild saying that it is not his. I was contacted by the person who I had the affair with and she has remarried, the new husband wants to adopt this child but she is telling me I need to give up my rights to this child to do this. Is this correct. Should I do this and what are the consequences if I do or don't. I haven't seen this women in 5 years and really want to distance myself from the situation. She is telling me I will get ordered by the court to prove I am the father and she will go for child support if I don't do this. Help
the child was born and raised in Minn.

 

[seniorjudge]

There is something very fishy with that woman's story. If the kid was born and another man's name is on the birth certificate and he was born during the marriage of that man and this woman, then it is exceptionally difficult to prove he is not legitimate.

You need to get you a really good family law lawyer.

If you do something you shouldn't, it could cost you a lot of money for a very long time.

 

[Wolflmg]

What is the name of your state? oregon
In 2000 I had an affair with a married woman. I just found out that our affair resulted in a child. Her husbands name was put on the birth certificate and he has been raising this child for the past 4 years. This couple just recently got divorced and now he doesn't want to pay child support on this chiild saying that it is not his. I was contacted by the person who I had the affair with and she has remarried, the new husband wants to adopt this child but she is telling me I need to give up my rights to this child to do this. Is this correct. Should I do this and what are the consequences if I do or don't. I haven't seen this women in 5 years and really want to distance myself from the situation. She is telling me I will get ordered by the court to prove I am the father and she will go for child support if I don't do this. Help
the child was born and raised in Minn.

Well I guess what you need to do is answer this question, if the child is yours, do you want to be part of that childs life?

 

[bill3993]

They want no part of me in there life. If thats the way they want it I am ok with that. Is there any legal problems if he put is name on the birth certificate knowing it wasn't his child?

 

[BelizeBreeze]

They want no part of me in there life. If thats the way they want it I am ok with that. Is there any legal problems if he put is name on the birth certificate knowing it wasn't his child?

O.K. now for the legal answer.

This child is NOT legally yours until a disestablishment of paternity action is filed and adjudicated by the Oregen Courts which will effctively disestablish the husband listed on the birth certificate as the legal father.

At that time, IF a paternity action is filed by the woman naming you as the father, then you have the right to a DNA test to establish paternity. Once paternity is established then and ONLY then can you terminate your parental rights.

At the present time, you have no dog in this fight. The child has a legal father and it's not you.

So, tell the woman to pin the tail on the RIGHT donkey.

 

[seniorjudge]

"... Is there any legal problems if he put is name on the birth certificate knowing it wasn't his child?..."

I could be wrong (it's happened before) but I have never heard of "unlawful claim of paternity" being a problem, either criminally or civilly.