Legal Question in Family Law in California

Pregnancy

I am pregnant and the father of the baby doesn't want anything to do with her, and he is willing to sign away his parental rights. My boyfriend wants to be the legal father. I was wondering if he signs the birth certificate and we name him the father, if that makes him the legal father. Or do we have to do more paper work in order to make him the legal father.


Asked on 8/29/08, 5:45 pm

1 Answer from Attorneys

Cheryl Anne Woodard Cheryl Anne Woodard, Attorney at Law

Re: Pregnancy

General Rule: Boyfriend who signs a voluntary declaration of parentage may well become the legal father. See Family Code sections 7570 et seq. "Establishment of Paternity by Voluntary Declaration."

If you take this action, this means that the child will not have the rights of a child from bio dad [rights to child support, social security, health benefits, military benefits, etc.] and may lose access to family medical history which may be needed for medical diagnosis.

This is a big step for all concerned especially the child. Recommend that you seek the advice of local legal counsel so that you understand the full legal implications of this action.

If you have no access to local legal services, you may call this office and arrange for prepaid legal telephone consultation.

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Answered on 9/04/08, 1:03 pm


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