Legal Question in Family Law in California

Hi. I'm 22 year old and want to change the father's name on my birth certificate. My mother placed another man's name on there when I was born, but not my real dad's name who passed away recently. I'm now estranged from her but she acknowledges that my read dad should have been on the birth certificate. She won't tell me if she was married to my dad at the time I was born, but I don't think so. I'm filling out form FL200 petition to establish paternity to go to court, and I'm the petitioner but who would be the respondent on the form since my dad is deceased? My mom? Also, what if they were married when I was born, would the conclusive presumption that my dad was my dad means I don't have to go to court?

Please help. Thanks!


Asked on 8/12/14, 9:15 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

If you are asking about the conclusive presumption set forth in Family Code section 7540, then you need to read that section carefully. �Except as provide in Section 7541, the child of a wife cohabiting with her husband, who is not impotent or sterile, is conclusively presumed to be a child of the marriage.� (Fam. Code � 7540)(Emphasis added.)

That means your mother's husband had to be cohabiting with her, married to her, and not be impotent or sterile. Being married is not sufficient in and of itself to establish the presumption.

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Answered on 8/14/14, 11:52 am


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