The overriding factor in completing the document is accuracy. The intention of the law is not to force parents to be INaccurate in the completion of the document. The reality is that it isn't always known who the father is and there are times when there is a conflict. I believe what you are referencing is a default presumption in case of conflict or question. I would have to see what the context is.
If your local law is intended to be used as it was used in your friend's case, that is clearly unconstitutional, not to mention a forced inaccuracy.
I'll note that the original poster's case had nothing to do with being married as she was not married, but I'll stick with my contention that the parents' names are intended to be the ACTUAL parents. If that were not so, why would they bother with paternity tests in cases of question or conflict? The bio parents' names are needed, partially because of medical needs and genetics.
I'll also note that this has nothing to do with custody. Let me answer a couple of your barbs...
"First of all dear boy, my statement was not false; unless evidence is provided to the contrary, the husband is presumed to be the father and married parents have equal rights."
Yes, Gecko, but you still aren't getting the point. Evidence to the contrary can be the statement of either parent giving the correct father's name. If the mother lies on the BC or if she doesn't know who the real father is, then yes, the spouse may be temporarily presumed in your local law. If she knows that her H is not the father and openly states that, it should not have been written up wrongly in the first place, and the spouse does not have equal rights.
"Think about it…what you are saying is that a husband has no rights."
Yes, that is exactly what I'm saying. If the husband is not the father, he is a stepparent, just as if the real father is married to someone else, his spouse is the stepmother. This is pretty clear cut stuff.
"Third, how often in the history of man has a 'biological' father been granted custody over the 'presumed' father?"
As a matter of fact, nearly always. The biological mother and father usually end up with joint custody of some kind and the spouse has virtually no custody. Why would someone who is NOT the parent of the child get custody? Sure, if a person is married to and still LIVING WITH a bio parent, then they will have the child in their home through marriage, as with any stepparent, but that isn't having custody.
"And fourth, you are confusing what 'should be; with what 'is'. Yes, the biological father’s name SHOULD BE on the BC, but that’s not what the law says."
No, I am talking about what the law says. If your local law reads differently, then that may be something that needs to get off the books.
"First of all Frank, if you are going to say that something is a criminal offense and someone asks you to prove it…then you need to provide the applicable information."
You seem comfortable telling people what they "need to" do, but I assure you that you aren't the one who decides what I choose to do. You can come back with "Aha! You didn't go look up your local law for me!" if you want. But I most definitely do not "need to" do anything.
"And third…what about all the men who have knowingly falsified BCs…are you going to prosecute them? I’m talking about men who KNEW that the baby wasn’t theirs, but for whatever reason, accepted responsibility. Are you going to turn them into criminals?"
Falsifying legal documents is a criminal offense whether it is a male or female committing the offense. You desperate grasp at gender bias as a retort is ungrounded.
"But the hospital would NOT allow her to put John’s name on the birth certificate because she was still married and so it was left blank."
The hospital has no right to be completing the form or telling anyone what goes on the form. They also do not sign the form. I'm sure that what you are saying happened, Gecko, but if you think this is standard, it isn't. Where I live, the BC is not done at the hospital and they do not ask you if you are married nor care even if you volunteer the information. They want to know who the mother is and who the father is.
If I walked in to our Bureau of Vital Statistics and asked for an "acknowledgement of paternity" form they would laugh.
"I agree that once paternity is established, the father should have the same 'custodial' rights as the mother, but we KNOW that that is not true"
And what I am saying is that it IS true, from a technical standpoint, or legal standpoint. Is it common practice? No, but what you are talking about is the outdated "Tender Years Doctrine". It has been banned as unconstitutional, and it is no longer the law of the land. Does that mean it doesn't happen anyway? Of course it does. I wasn't denying that.
"otherwise, why would the father have to file for 'custody' and 'parenting time'?"
Technically they BOTH do, but again, I am talking about legalities not realities. The mother has all sorts of advantages as far as establishing custody in these situations, but the law isn't one of them. Why is it USUALLY the father who has to file? Because generally it is the mother who is in physical possession. Also because the mother can claim that he isn't the father and stall things until he gets a paternity test.
Also, many parents BELIEVE that the Tender Years Doctrine still holds, even though it doesn't. Mothers think they have more rights than they have and they get away with it because fathers think so too. Truth is, a father can come and walk away with his child any time he chooses as long as no custody has been established in court.