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I am American and the father of my unborn child is Irish.

I am American and the...

I am American and the father of my unborn child is Irish. I am living here and he is back in Dublin. While we have been in a relationship throughout the pregnancy, I did end it recently and in response he has decided to not be involved with the baby. As I understand it, I am not going to be able to list him on the certificate in the state of Washington because we are not married. How would I establish paternity from America when he is in Dublin and possibly unwilling to submit the paternity affidavit? I'm not interested in pursuing child support, but I would like her (our daughter) to be able to claim her citizenship if she chooses later on. I'm not sure if this falls into the parenting category or immigration category, so I apologize if I've misplaced this.


 


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Answered in 14 hours by:
10/6/2012
Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 11,146
Experience: Barrister 17 years experience
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Buachaill :

1. Under the Irish legislation, the Status of Children Act, 1987, it is possible to take a blood sample from a potential father in order to have a DNA test done to determine parentage. If the father refuses when asked to provide a blood sample, then the court will order the father to provide a blood sample to determine parentage. In this way, you can get the parentage of the baby confirmed. Secondly, under Irish law, a father is obliged to provide 13-15% of his net after tax income by way of child support where he has a child. A court order can be obtained for this purpose. Finally, once parentage is established, then many rights flow from this for the child, such as citizenship. Accordingly, I would advise you to get yourself an Irish solicitor who will write to the father and seek to get him to submit to the blood tests to determine parentage. Most fathers go along with this. it is only in rare cases that a court order is necessary.


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Customer:

Thank you so much for the information! So you would suggest that I go about this by getting an Irish solicitor? I've seen that the court can order the father, but hadn't actually seen how to start a court proceeding overseas and what would be required of me. Thanks again!

Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 11,146
Experience: Barrister 17 years experience
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