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Paternity Law Issues relating to establishing and disputing paternity, DNA testing, and associated matters.

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Old 03-24-2009, 03:42 PM
hukilau hukilau is offline
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Default Childs Last Name on Birth Certificate - Husband Not Bio Father
My question involves paternity law for the State of: California

I am due in 7 weeks to have a baby by a man who is NOT my husband. My husband and I have been married for many yrs and have children together. We are not separted, nor have ever been. I am 99% sure that my husband is not the father since he's has had a vasectomy. We will be doing a paternity test after baby is born to verify paternity. What rights does the bio father have, (if it is indeed the man who is NOT my husband) as far as the baby being given his last name? He wants the baby to have his last name. Can he fight me for a name change at a later time if I put my husband and my last name on the birth certificate? Can he fight me for his last name to be on the birth certificate?Thank You, and I live in California.
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Old 03-25-2009, 07:18 AM
Neal1421 Neal1421 is offline
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Default Re: Childs Last Name on Birth Certificate - Husband Not Bio Father
Quoting hukilau
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My question involves paternity law for the State of: California

What rights does the bio father have, (if it is indeed the man who is NOT my husband) as far as the baby being given his last name? He wants the baby to have his last name. Can he fight me for a name change at a later time if I put my husband and my last name on the birth certificate? Can he fight me for his last name to be on the birth certificate?Thank You, and I live in California.
After his is legally established as the child's father, he can petition the court to have the last name changed to his. Most likely, if he petitions the court in a reasonable amount of time meaning before the child has identified with the name, it will be granted.
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Old 04-09-2009, 11:40 AM
poh1077 poh1077 is offline
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Default Re: Childs Last Name on Birth Certificate - Husband Not Bio Father
I am due in 3 months to have a baby by a man who is NOT my husband. My husband and I have been married for many yrs. We are not separted, nor have ever been but both know that the baby is not his and he is fine with it. Since I'm married to him do i have to state him as the father and can be left blanc so the bio father can recognize the child later?
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