Legal Question in Family Law in California
Hello I live in southern California, and was wondering if the name of my babys father can be put in the birth certificate after we leave the hospital. The reason why is because me And the possible fathers are going to test the baby when he is born for paternity, and once we know who the father is, we were wondering if it's possible to add the father's name on the birth certificate. The DNA testing is not legal, but whoever is the real father he is willing to put his name on the birth certicate once they know who the true dad is. Thanks
1 Answer from Attorneys
The birth certificate has little or nothing to do with the legal rights and obligations of fatherhood. In order to claim fatherhood the real father and the mother must sign a Declaration of Paternity. That is the document (other than a court order) that determines who the legal father is, not the birth certificate. If you WANT the father's name on the birth certificate, that's great, but you have to sign the Declaration of Paternity at the hospital for it to be automatically put on. If you sign and file the Declaration after the child leaves the hospital, you will have to go through a process to get the birth certificate updated. A lot of useful details on all this can be found at: http://www.courtinfo.ca.gov/selfhelp/family/parentage/sign.htm
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