Legal Question in Family Law in California

Birth certificate question:

Unmarried/"Kelsey S." (CA) father filed Petition to Establish Parental Rights and DNA (parentage later stipulated to) BEFORE birth of child.

Child born without notification to father. Mother relinquished for adoption @ birth, father never did. Adoption has since failed as father's parental rights cannot be terminated.

However, when child was born, mother is listed as such but the child was given the prospective adopter's last name. "Father" was left blank.

1) Was it proper and/or legal to assign a prospective adopter's last name at birth?

2) What steps must be taken to correct the birth certificate to list the father and change the last name of the child to his?


Asked on 12/03/12, 8:52 pm

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

1. It is irrelevant.

2. Father should file a motion or request for order in the paternity case to get a court order to change the birth certificate.

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Answered on 12/04/12, 6:52 pm


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