Legal Question in Family Law in California

establishing paternity when father is deceased

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?


Asked on 8/06/08, 3:28 am

1 Answer from Attorneys
Delilah Knox Rios Delilah Knox Rios, Attorney At Law, APLC

Re: establishing paternity when father is deceased

It appears to be a conflict at this point. However, you can ask someone else to come into court as the Guardian Ad Litem for the child and bring the action on the child's behalf. A petition to establish heirship could be filed by the Guardian Ad Litem.

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Answered on 8/10/08, 7:23 pm


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