Legal Question in Family Law in California

In California, If a person gives birth to a child and gives said child to a friend and her husband (no legal channels used) to raise as their own and puts their names on the birth certificate instead of her own; what right to custody of said child would the couple have, if they divorced?


Asked on 1/06/17, 2:11 pm

1 Answer from Attorneys

You pose an impossible situation. The hospital is not going to allow anyone but the actual mother's name to be submitted to the county for inclusion on the birth certificate. If the child is born outside a hospital, it would be a crime to submit a falsified birth record. Also, under current law, unless the birth father and mother both sign a voluntary declaration of paternity, or he is married to the mother, a father's name cannot be put on the birth certificate without legal proceedings. If a woman wants to give up her child to friends to raise as their own, the child must be adopted or the friends must be made legal guardians. Otherwise it will mess up the child's legal life for years to come, perhaps his or her entire life.

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Answered on 1/06/17, 2:43 pm


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