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  1. #1
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    Jul 2009
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    Default Can California Require a Paternity Test

    My question involves paternity law for the State of: California
    I'm a 16 year old girl and am 1 month pregnant by my 22 year old boyfriend (yes, I know it's illegal, so please don't comment. We've slept together once, and apparently both the pill and the condom failed). We've decided to give the baby up for adoption. Obviously, I want to protect him from any charges, and am thus planning on leaving the father section on the birth certificate blank. He will be in the delivery room with me. Is there any way the hospital or the state can demand a paternity test and use it to prosecute him? Thanks in advance.

  2. #2
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    Default Re: Can California Require a Paternity Test

    Quote Quoting Equae
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    My question involves paternity law for the State of: California
    I'm a 16 year old girl and am 1 month pregnant by my 22 year old boyfriend (yes, I know it's illegal, so please don't comment. We've slept together once, and apparently both the pill and the condom failed). We've decided to give the baby up for adoption. Obviously, I want to protect him from any charges, and am thus planning on leaving the father section on the birth certificate blank. He will be in the delivery room with me. Is there any way the hospital or the state can demand a paternity test and use it to prosecute him? Thanks in advance.
    As long as no one files a complaint, such as your parents, friends, teachers, Dr.s, etc, AND you do not recieve any public assistance to pay for the medical bills, there shouldn't be any reason for the state to demand a DNA test.

    How do you plan to place the baby for adoption without naming a father?
    Typically, a putitive father must be notifed before any adoption can be finalized. You should definately check with a local attorney before deciding.

  3. #3
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    Default Re: Can California Require a Paternity Test

    Quote Quoting Xena
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    As long as no one files a complaint, such as your parents, friends, teachers, Dr.s, etc, AND you do not recieve any public assistance to pay for the medical bills, there shouldn't be any reason for the state to demand a DNA test.

    How do you plan to place the baby for adoption without naming a father?
    Typically, a putitive father must be notifed before any adoption can be finalized. You should definately check with a local attorney before deciding.
    As far as the first two go (filing a complaint or getting public assistance), there won't be any problems. Your last point is definitely a valid one, though. I hadn't thought of that before. I'm not entirely sure how to handle that. Do you think the adoption agency I plan on working with would be able to advise me further?

  4. #4
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    Default Re: Can California Require a Paternity Test

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    As far as the first two go (filing a complaint or getting public assistance), there won't be any problems. Your last point is definitely a valid one, though. I hadn't thought of that before. I'm not entirely sure how to handle that. Do you think the adoption agency I plan on working with would be able to advise me further?
    Yes, most adoption agencies will help with your situation. However, unless the agency has an attorney who is advising you, you should still get a consult just to make sure.

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