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My Fiancé and I are in the active stages of trying to have a…

My Fiancé Amber and...

My Fiancé Amber and I are in the active stages of trying to have a baby. We also are planning to get married in September 2019.

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

. I will be carrying our baby. We are trying to figure out if we absolutely have to be married prior to having our baby in order for Amber to sign our child's birth certificate or if there is a way her to sign and although we are only engaged.

Lawyer's Assistant: Family law varies by state. What state are you in?

We are in Brooklyn New York

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That's all

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Answered in 4 minutes by:
3/21/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,196
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 1 month ago
Sure

Thanks very much for your patience. The answer to your question is that you don't have to do anything to have Amber sign the certificate. In the state of NY, couples who are unmarried or even couples of the same gender can sign the birth certificate.

The Department of Health in your state has actually authorized this. You can find this in news stories here and here.

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Thus, you don't absolutely have to be married for her to be on the birth certificate.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 30 days ago
Wonderfu. So if Amber can sign our child's birth certificate although we are not married yet.... Will this give her parental rights to our child?

Yes. That will give her parental rights to the child. Because of the recent changes regarding same-sex marriage, it is likely that the state hasn't published any new information on this just yet, but the parents on the birth certificate are the ones with the rights.

Did you have any other questions for me today that I could help you with?

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Customer reply replied 30 days ago
Im sorry, after reading that article it appears to me that the focus is on same sex couples that are married. Just to be clear Amber and I do NOT need to be married for her to sign the birth certificate and she WILL have the same parental rights as I will without a marriage?

Let me verify for you real quick. I want to find out for sure. It's going to be bugging me if I don't get clarification. One moment...

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Ok, I have to sincerely apologize. So, I'm looking at guidelines published by the University of Rochester back in 2011 regarding birth certificate and lesbian couples. So you can trust its legitimacy. In NY state if a mother is unmarried and has a female partner, the female partner cannot go onto the birth certificate. If you click here and go to page 22, you can see exactly what I mean. Again, I apologize for my error. I think I misread it the first time when I reviewed those and my information was inaccurate. This means that unless you two get married, it'll just be you on the birth certificate.

To get your partner rights, you can file for adoption or even guardianship over the child for her. This means that the father's rights would be terminated and he would have to be involved in the process, but it's a way to get Amber the rights over the child authorized by the court. You can do this before or after you get married.

What other questions did you have for me regarding this?

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Customer reply replied 30 days ago
Wonderful...thank you for all your help

It's my pleasure. Again, I'm so sorry for the misleading information earlier. Sometimes, we're just flat out wrong, but I appreciate the chance to review this again with your help.

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Legal Eagle, Lawyer
Category: Legal
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