Legal Question in Family Law in Oregon

ANSWER:

So far as the law is concerned, when a woman who is not married gives birth to a child, the child has only one legal parent: the mother. Thus, as a matter of law, the child does not have a father, at least not until legal paternity of the chid is estabished through one of the legal methods provided by law for doing so. So when the child is born --- there only one parent (the mother) so far as the law si cocerend, the mother has 100% naming rights. She can give the ANY name she wants (first, middle and last). The biological father has no say in the matter at all. And this remains true even when legal paternity is subsequently established (by the parties signing and filing with Vital Records a written Joint Acknowledgement of Paternity form, or by judicial declaration of paternity, or by adoption). Even then, the child will retain the name as originally given by the mother until and unless the mother agrees to change the child's name.

Next, regardless of what name is given to the child, the child's name has absolutely nothing to do with the legal rights of the child's father. The biological father initially has no legal rights at all. He is a "non-entity" so far as the law is cncerned. Even when legal paternity is subsequently established or declared, the legal father will not automatically have any rights of custody or visitation. The question of visitation (father's access to the child) remains 100% under the control and discretion of the mother, at least until and unless a judge directs otherwise. Baby may be "his child," but he has no right to compel mother to allow him to have any visitation with the child, or even see the child at all. Only a judge can tell her otherwise.

Now, here's a bit more about the name issue (taken from my files on this topic)...

CHILD BORN TO UNMARRIED WOMAN --

HOW DOES NAME OF FATHER GET ON THE BIRTH CERTIFICATE?

In response to several inquiries received re the connection between the Voluntary Acknowledgment of Paternity form and the name of father on the child's birth certificate, here's "the rest of the story"......

ORS 109.070(1). The paternity of a person may be established [inter alia]:

(d) By filiation proceedings.

(e) By filing with the State Registrar of the Center for Health Statistics the voluntary acknowledgment of paternity form as provided for by ORS 432.287.

(g) By paternity being established or declared by other provision of law.

ORS 432.206(5). If the mother is not married at the time of birth, the name of the father shall not be entered on the certificate unless: * * *

(b) Both the father and mother have signed a voluntary acknowledgment of paternity form that has been executed in accordance with ORS 432.287 and filed with the registrar.

ORS 432.287(1). When the [VAP] form is signed by both biological parents * * * the form establishes paternity for all purposes when filed with the State Registrar of the Center. * * * When there is no other male named as father on the child�s birth certificate, the filing of such voluntary acknowledgment of paternity form shall cause the state registrar to place the name of the male parent who has signed the voluntary acknowledgment of paternity form on the birth certificate of the child or, if appropriate, issue a new birth certificate containing the name of the child�s male parent * * *."

ORS 432.206(8). In any case in which paternity of a child is determined by a court of competent jurisdiction, or by an administrative determination of paternity, the Center for Health Statistics shall enter the name of the father on the new certificate of birth.

ORS 432.230(1). The State Registrar of the Center for Health Statistics shall establish a new certificate of birth for a person born in this state when the state registrar receives either of the following:

(a) A report of adoption as provided in ORS 432.415 * * * [or]

(b) A request that a new certificate of birth be established [based on proof] that:

(A) The person has been legitimated;

(B) A court of competent jurisdiction has determined the paternity of the person;

(C) An administrative determination of paternity has been filed; or

(D) Both parents have voluntarily acknowledged the paternity of the person * * *.

LAWRENCE D. GORIN

http://ldgorin.justia.net/index.html

Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

Telephone: 503.224.8884

Fax: 503.226.1321

E-mail: [email protected]