Legal Question in Family Law in California

paternal and adoption birth certificate stuff

alright, well, i'm confused a bit. i am currently pregnant, for starters. i am going to get married soon, not to the father. the biological father has told me he wants nothing to do with the child and has walked out. which is fine, cause i don't want anything to do with him either. so, what i'm about to be going through is when i get married my fiance and i have decided that this will be his child, even though not by blood. what is the best way to do this? can he just sign the birth certificate and that's it? (well, by the time she is born he will be back on base in korea, so, that's kind of hard to do) or, do i have to put unknown on the birth certificate and then have papers for an adoption? btw, the bio dad is way out of the picture, i don't know if i can even find him again, though he doesn't want anything to do with her and i don't want him in her life either. does that count for anything?


Asked on 4/25/06, 12:32 am

1 Answer from Attorneys
KATHIE SIMMONS KATHIE SIMMONS

Re: paternal and adoption birth certificate stuff

Congradulations! If your fiance wants to be the dad then put his name on the birth certificate. That means he will be liable for child support if you divorce and can get custody. If he is in the military he will get extra pay for a dependant. I would tell the child when she is pretty young that she has a different bio dad than her "real" dad. It is easier if it's always been known than if it comes out later and was some deep, dark secret. If the bio dad files a Complaint to establish paternity inside of 2 years he could force you to submit to a blood test but why would he? He would be on the hook for child support for 18 years.

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Answered on 4/25/06, 12:30 pm


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