[SpencerT]

I live in California and am the biological father of my girlfriend's baby. My girlfriend is (and was) married at the time or both conception and birth of this baby.

My girlfriend and I have performed a legally admissible DNA test showing that I am in fact the biological father.

My girlfriend is starting a divorce which will be uncontested by the husband. The legal father agrees he is not the father and wants no involvement with this baby. In short all parties agree to making me the legal father

What is the best way for me to proceed in becoming the legal father?

What I like to do is petition the court to make me the legal father, providing the DNA test as proof I am the biological father and a notarized statement from the husband and my girlfriend having no objections. But I don't know if this is possible and if so on how to proceed.

[Mr. Knowitall]

Was the biological father named as the father on the child's birth certificate?

Your girlfriend and her husband intend the divorce judgment to expressly state that he is not the father of the child?

[SpencerT]

The biological father, who is me, could not be named as the father on the birth certificate since my girlfriend was and is married to someone else. The law automatically assumes the husband is the father. I tried to have myself named as the father as soon as my son was born but I was told it cannot be done.

My girlfriend and her husband want to divorce anyway.

I understand that paternity could be resolved in the divorce proceedings but I want the court to recognize I am the father before that. In other words I want to petition the court to recognize me as the father.

All parties involved want to correct the situation, I have both the DNA proof and the desire of both the mother and the husband. So how to proceed and, if possible, without suing anyone?

[aaron]

Is there a reason you want to do things the hard way?

[Just Breath]

Is there a reason you want to do things the hard way?

Haha....my thoughts exactly. They should file for divorce and include in their pleadings that the "presumed father" relinquishes any paternal rights to you as the established biological father. I would think (but I'm not an attorney) that the Court's order approving this would be sufficient to correct the child's birth certificate.