Legal Question in Family Law in California

i am a pregnant lesbian and would like to know if it is legal to put my partners name on the birth certificate at the birth of our baby? I was also wondering if doing so gives her the same legal rights as me over our child?


Asked on 2/02/11, 8:47 pm

1 Answer from Attorneys

James Chau Law Offices James Chau

I think each hospital may have different policies on allowing you to put her on the birth certificate. I suspect that you will not be allowed to do so on the birth certificate. What you would need to do probably is to have your partner adopt the child, which would require the biological father to give up legal rights, or for the court to ensure that you had a sperm donor or something where the biological father has no legal rights. It is a little confusing and this area of law is not evolving fast enough to grasp with the changing family structures that now exist. Good luck.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

1625 The Alameda Suite 204

San Jose, CA. 95126

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 2/04/11, 10:41 am


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