Legal Question in Family Law in California

After Paternity...

My fiance recently took a DNA test for child his ex was claiming was his. They were never married and when she gave birth to the child, she gave the child his last name. Now after the test results were reveled it showed he was excluded from being the father. Now the question is...The babies last name.

Isn't it against the law to name a person the father of a child and give the child the last name if the man is not present at the birth of the child? Isn't the hospital responsible to check ID and have a signature before they do that?


Asked on 9/01/00, 2:29 pm

1 Answer from Attorneys
Diana Mercer Peace Talks Mediation Services

Re: After Paternity...

I don't believe so. Your fiance has no standing to request that the child's name be changed, either, especially since he's not a biological parent or related by marriage. Perhaps the mother of the child will petition the court to change the child's name now that she knows your fiance is not the father and is out of her life. If your fiance has been paying support, and needs to remedy that situation, he should consider contacting the Family Law Facilitator's office at (213) 974-5004. Their services are free.

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Answered on 10/05/00, 11:55 am


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