Legal Question in Family Law in California

Re: Does my name on a childs birth certificate establish paternity?

Yes, your name on the birth certificate is considered as �prima facie� evidence of your legal paternity of the child.

From the facts presented, if you want to adopt your stepdaughter, you would have to give notice to the presently-existing legal father and give him opportunity to object. If he fails to respond with objections to the proposed adoption, you can proceed on a default basis. If he does object, you can still prevail in the adoption but you would have to show that the father has willfully deserted or neglected without just and sufficient cause to provide proper care and maintenance for the child for one year next preceding the filing of the petition for adoption and that it would be in the best interests of the child to allow for the stepparent adoption. In determining whether the parent has willfully deserted or neglected without just and sufficient cause to provide proper care and maintenance for the child, the court may disregard incidental visitations, communications and contributions.