Legal Question in Family Law in California

My son does not know 100% that he is the father of his ex-girlfriends baby due in Sept. ,He thinks but is not sure . Should he sign birth certificate at hospital? and also will it be hard to add his name afterward if the baby turns out to be his?


Asked on 8/05/10, 5:29 pm

2 Answers from Attorneys

Rhonda Ellifritz Law Offices of Rhonda Ellifritz

If he has reservations about whether this is his child, I would recommend he not sign the birth certificate. He could be stuck paying support for a child that is not his. He can file a parentage action after the baby is born to establish paternity, establish his parental rights, and then pay support for a child that he is sure is his.

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Answered on 8/10/10, 7:24 pm

Just to be clear, the parents do not sign the birth certificate. There is a statutory form called a Declaration of Paternity that is used to get an unmarried father's name on a birth certificate. If signed at the hospital, the father's name will automatically go on the certificate. It can, however, be signed at any time after the birth. If not done in the hospital there is just a nominal fee from the state vital records office to get a revised birth certificate. Since it is so simple, I agree completely with Ms. Beers that he should wait and find out if he is the father before signing the declaration. If arranged ahead of time, they may be able to do the test in the hospital and if it is his get the declaration signed there. It is a very simple process and no longer requires blood draws from anyone, just a buccal smear like on CSI.

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Answered on 8/11/10, 3:48 pm


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