Is it legal to require proof of a child's birth from the hospital? 4 Answers as of January 03, 2012

Since it is legally your stepchild the Officer is within his or her rights to ask for the birth certificate.

You need to consult an experienced family law attorney. You do not say where your wife gave birth. In most states, the husband is the presumed legal father of any child born to his wife. The wife cannot put another man's name on the child's birth certificate without some legal procedure involving the husband. Who paid the hospital bill does not determine paternity. Your problem may be with the non-immigrant status. If you are married to a US citizen, the law presumes that you are an intending immigrant, not a visitor. More detail is needed to resolve this problem.

The officer can demand proof of payment of the hospital bills. This is usually part of the inquiry as to whether you or your family members will become a public charge. If you or your family have a history of traveling to the U.S. and receiving services (including medical services) without paying for them, you can be deemed a public charge. You are fortunate you are being given an opportunity to present the evidence. The officer could have denied the visa application without providing you additional time. I understand the child's father is being uncooperative, but your wife can likely contact the hospital and request proof of payment for the outstanding bill as the services were rendered to her.

If the birth certificate has your name as the father, it is understandable that the officer wants to confirm that you have been responsible. If not, there is no reason for him to ask for this. You should be able to explain to the officer why is it that you cannot obtain these documents.