How do I get consent to travel with my child if I have DNA proof that the listed father is not biological?
Hello. I am a citizen of Ukraine and I gave birth to my child in Pennsylvania, although I currently reside in Wisconsin. The child’s father is also a Ukrainian citizen. As I plan to travel outside the United States, I require the father’s consent for our U.S.-citizen child’s departure.
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Based on your situation, here are several legal considerations:
Parental Rights:
If the DNA test proves he is not the biological father, his legal standing as a father may be affected—depending on state law and whether his name is on the birth certificate.
Consent for International Travel:
Generally, U.S. border authorities request consent from all legal parents (those listed on the birth certificate or with parental rights).
If the man listed is NOT the biological father and no court has granted him legal parental rights, his consent might not be required, but this may need formal legal clarification.
DNA Proof:
A legal DNA test is very important. It can support a request to remove him from the birth certificate or clarify that he does not have parental rights.
Statement of Abandonment:
A simple “abandonment statement” signed by him is NOT a legally binding termination of parental rights.
Termination of any parental rights must be done through a court.
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Hello. I am a citizen of Ukraine and I gave birth to my child in Pennsylvania, although I currently reside in Wisconsin. The child’s father is also a Ukrainian citizen. As I plan to travel outside the United States, I require the father’s consent for our U.S.-citizen child’s departure.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your situation.
I don't know.
Benjamin
Hello, my name is Benjamin, and I have been a licensed attorney for over 19 years. I look forward to assisting you with your question.
Do you have a custody agreement in place with the child’s father? If so, what does it say regarding international travel? Does the child already have a passport? If so, I imagine the father consented to that. Has the father already said no, he will not provide the consent?
There is no custody agreement with the child’s father.
The child already has a passport.
The father has not yet said that he will not give consent.
However, he was mistakenly recorded as the father of the child.
A legal DNA test confirmed he is not the biological father.
And I need a statement from him that he is abandoning the child. Could you help with the form of such an application?
Benjamin
I understand. Do you have legal documents that can be shown to TSA at the airport that this person is not the father?
If so, is the father known and in the U.S., or will this become a problem to provide evidence that the actual father has given consent?
Benjamin
Based on your situation, here are several legal considerations:
Parental Rights:
If the DNA test proves he is not the biological father, his legal standing as a father may be affected—depending on state law and whether his name is on the birth certificate.
Consent for International Travel:
Generally, U.S. border authorities request consent from all legal parents (those listed on the birth certificate or with parental rights).
If the man listed is NOT the biological father and no court has granted him legal parental rights, his consent might not be required, but this may need formal legal clarification.
DNA Proof:
A legal DNA test is very important. It can support a request to remove him from the birth certificate or clarify that he does not have parental rights.
Statement of Abandonment:
A simple “abandonment statement” signed by him is NOT a legally binding termination of parental rights.
Termination of any parental rights must be done through a court.
Benjamin
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