Legal Question in Family Law in California

The county clerk/recorder decides who goes on the birth certificate in accordance with state-wide statutory proceedures, not you, and it has been that way for at least a decade. The clerk/recorder will only put a father's name on the birth certificate if paternity has been established. There are now only three ways to establish paternity: 1) Mother and father are married - paternity is automatically presumed and must be rebutted in court if the husband is not the actual father; 2) Mother and father sign and file a voluntary declaration of paternity (if done in the hospital the father will automatically go on the birth certificate, if done after leaving the hospital then the parents have to file a request to amend the birth certificate when they file the declaration); 3) A court issues a finding of paternity.

You are not required to name the father, but if he wants to be established as the father and is willing to do what it takes, he will be declared the father eventually. If you refuse to sign a declaration of paternity, he would have to file a paternity petition with the court to be declared the father. If he does that, however, you will be ordered by the court to have the child submit to a DNA test. The law and the public policy of this state VERY strongly favors a child having two known parents and having both parents actively involved in their child's life. The good news is that having a father involved will also mean he must financially support the child. So a child support order would come with the paternity determination.

I would agree with all that Mr. McCormick stated. Further, in answer to your questions: 1. Yes, the father has a right to demand a paternity test (he would do that through court; and 2. Yes, the court would force you to comply with having the child tested.