Legal Question in Family Law in California

It depends on how the sperm got into the woman. If you inseminated her the "natural" way, you have parental rights. If they used your sperm to get her pregnant without the two of you having sex, then you may not. If the child was conceived naturally you can file a paternity lawsuit to establish that you are the father. By law your immigration status has NOTHING to do with your rights and the court cannot even ask about your status. You need to bear in mind, however, that by establishing paternity you also establish the duty to pay child support. Basically it will be the same as if the mother and you were married, had a child, and got divorced and she remarried her present partner.