Legal Question in Family Law in California

My wife had an affair and is pregnant with the other man's child. We will remain married. All three adults want the other man to be recognized as the father. Can the other man be listed as the father on the original birth certificate or only on a court amended certificate? Can the child bear the other mans's last name at birth or would that have to be changed later?


Asked on 2/20/14, 5:07 am

1 Answer from Attorneys
Kelvin Green The Law Office of Kelvin Green

When the child is born, you are presumed the father by statute. The statute can be overcome but requires a paternity action and a declaration you are not the father. Prior to the birth you need to discuss this with an attorney so that you do solidify the presumption.

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Answered on 2/20/14, 6:15 am


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