Legal Question in Family Law in California
Adopt or Change Birth Certificate?
Dear Counselors:
I am hoping that someone can suggest the appropriate course of action for the following circumstances:
Husband and Wife were married at time of Daughter's birth, but Wife listed Boyfriend as the father on the Birth Certificate. Husband and Wife divorced without making provision for Daughter in the Marriage Settlement Agreement. A couple of years have passed and now everyone agrees that Husband's name should have been on the Birth Certificate from the outset.
Question: Does Husband now need to adopt Daughter, or is there another way?
TIA,
1 Answer from Attorneys
Re: Adopt or Change Birth Certificate?
When was the child born? Your husband is a presumed father and can establish his right by filing a petition to establish paternity. If the other father named on the birth certificate has not perfected his parentage, you may be able to contact dept of vital stats and change the name. Did the boyfriend give his consent to putting his name on birth certificate, did he sign a voluntary decalartion of paternity? If he did not do either you may have to serve him with a notice of paternity and have his rights terminated. If he did then you probably have to file a termination of parental rights and have your husband adopt. I am assuming the boyfriend is the actual father and not your husband. Try contacting California vital statistics first and see if you can get the bc changed by them. If not youll have to go through the courts.
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