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If the biological father is not listed on the birth certificate, he may not automatically have parental rights in California. To establish rights, he typically needs to file a paternity action using the Declaration of Paternity form California. This process legally recognizes him as the child’s father, granting him rights and responsibilities. Consulting with a family law attorney can clarify his options.
A name on a birth certificate does NOT legally establish parentage. Only a court order or the Voluntary Declaration of Parentage (VDOP) establishes legal parentage. It's easy to establish legal parentage without going to court?and it's free!
A Voluntary Declaration of Parentage (or paternity) (a VDOP) is a government form two parents can sign to create a legal parent-child relationship between a child and parent. It's often signed at the hospital when a child is born, but it can be signed later.
You can add the father's name to a birth certificate after the birth certificate has already been prepared. You must complete the Declaration of Paternity (CS909) in front of a qualified witness and submit it State of California Department of Child Support Services.
The Process For Determining Parentage In California Contact a local attorney. The process for determining California paternity is complex. ... You will be filing a Petition. The Respondent will be served with a Summons and a copy of the Petition. ... The court orders a Pretrial Hearing. ... The court requires genetic testing.
Forms to Bring an Action to Establish Parentage You need to use either Form FL-150 or Form FL-155. ) to find out if you can use the simpler Form FL-155. A lawyer or family law facilitator can help you decide which form to use.