Legal Question in Family Law in California
Babies Last Name
My wife is pregnant and also thinking about moving out. She has stated that she will not put me on the birth certificate and will have the baby have her last name. Since we are still legally married is there anything I can do to make sure I am on the birth certificate and the baby has my last name?
2 Answers from Attorneys
Re: Babies Last Name
Yes, you can file a paternity action and enforce your rights.
Re: Babies Last Name
Since you are married a paternity action is not needed or necessary. As her husband you are conclusively presumed to be the father of the child. Therefore you have the right to have the child bear your last name, although it may be hyphenated. Those rights are enforced through an action for dissolution of your marriage or legal separation. Good Luck, Pat McCrary
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