Legal Question in Family Law in California

Natural Father's name on Birth Certificate

My baby is due 10/02/01 and the father of the baby does not want to be on the birth certificate because he thinks if he is not on the certificate then i can't go after him for child support but i already starting filing Child support papers through the DA's office and he does want a DNA test so can i still get child support from him when the DNA comes back postive even though he is not on the birth certicate and Do i have to have his permisson to put him on the Birth Certificate Thank you,Julie


Asked on 8/10/01, 12:17 am

2 Answers from Attorneys

John Hayes The John Hayes Law Offices

Re: Natural Father's name on Birth Certificate

You can and should list him. He is wrong in thinking if he is not listed on the birth certificate you cannot come after him for child support. Just so you know, a DNA test takes almost two months to come back and you don't need it to find out if he is the father. The test you want is a paternity test which can be done in a day or two I believe. It is a simple blood test. Where as a DNA test actually compares all genetic traits and determines if they share the traits of father and son.

If the paternity test proves he is the father he is responsible for the support of his child. If the paternity test comes back and he is not the father than you obviously need to remove him from the birth certificate. What you should try to do is have the paternity test done while you and the baby are still in the hospital so you know then whether or not to list him as the father since you fill out the birth certificate at the hospital.

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Answered on 8/11/01, 4:14 am
Ken Koury Kenneth P. Koury, Esq.

Re: Natural Father's name on Birth Certificate

You don�t need his permission nor do you have to tell him your plans to list him. Definitely list him.

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Answered on 8/10/01, 12:28 pm


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