Legal Question in Family Law in California
establishing paternity - deceased father
How do I get a court order to put the father's name put on the baby's birth certificate when the father is dead? He died before the baby was born and was cremated, so there is no DNA available. I was not married to him, but we lived together and were engaged. His mother nominated me to be the administrator of his probate estate, and I was appointed. The probate case is still pending. He died without a trust or will, and the baby is his only child. His mother (only parent left) does not contest paternity and wants the baby to inherit his estate. As the mother and the administrator, wouldn't it be a conflict of interest for me to sue myself in a paternity suit? Do I have to sue the estate? Since it is undisputed, is there a way to get this done, by stipulation, for example?
1 Answer from Attorneys
Re: establishing paternity - deceased father
Contact an expert in dna and inquire about possible sources of father's dna. You may be able to get a guardian ad litem to sue the estate to establish paternity. The other option is to resign as the administrator of the estate to sue for paternity.
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