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  1. #1
    Join Date
    Dec 2011
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    3

    Default No Birth Certificate - Establishment of Paternity

    My question involves paternity law for the State of: California

    So question, If my child DIDNT have a birth certificate (unassisted birth) and there was no record of identity, how difficult would it be for the estranged biofather to come and get visitation?
    Can I sue him for birthing costs of I go through a center? (have no insurance)
    My boyfriend now is assuming responsibility for me and my unborn child and is willing to carry the role as the babies father legally and psychologically. If I do choose to give my child a birth certificate he will sign it.

    I'm also considering using safe harbor just to make sure my baby is safe... I just want to protect my baby... he isn't a healthy man but he sure can make you believe he is. couldnt possibly bare the thought of him caring for my infant... Frightening

    I'm scared and worried... please give me some feedback, scenerio's, options.. anything.
    I need some piece of mind.

    After reading this I realized how disorganized my post was.
    ... If my boyfriend now, signs the birth certificate (if i get one for my child) how difficult will it be for the absent biofather to come into the picture?
    And with the safe harbor law, would my child be protected from being found by him?
    Money isn't the issue (obviously) but it's definitely a tool I could use incase he DOES come around.. Can I sue him for pregnancy/birth costs if he decides to hunt me down and take me to court?
    After being absent I am not sure he will come around, but I'm trying to be cautious and have my options available to protect my baby. Even if it requires letting him go....

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: No Birth Certificate - Establishment of Paternity

    Quote Quoting Bordello
    View Post
    My question involves paternity law for the State of: California

    So question, If my child DIDNT have a birth certificate (unassisted birth) and there was no record of identity, how difficult would it be for the estranged biofather to come and get visitation?
    Can I sue him for birthing costs of I go through a center? (have no insurance)
    My boyfriend now is assuming responsibility for me and my unborn child and is willing to carry the role as the babies father legally and psychologically. If I do choose to give my child a birth certificate he will sign it.

    I'm also considering using safe harbor just to make sure my baby is safe... I just want to protect my baby... he isn't a healthy man but he sure can make you believe he is. couldnt possibly bare the thought of him caring for my infant... Frightening

    I'm scared and worried... please give me some feedback, scenerio's, options.. anything.
    I need some piece of mind.

    After reading this I realized how disorganized my post was.
    ... If my boyfriend now, signs the birth certificate (if i get one for my child) how difficult will it be for the absent biofather to come into the picture?
    And with the safe harbor law, would my child be protected from being found by him?

    That would be committing paternity fraud. You cannot sue for pregnancy/birth costs in your state except in very limited circumstances...which you haven't indicated.

    Money isn't the issue (obviously) but it's definitely a tool I could use incase he DOES come around.. Can I sue him for pregnancy/birth costs if he decides to hunt me down and take me to court?
    After being absent I am not sure he will come around, but I'm trying to be cautious and have my options available to protect my baby. Even if it requires letting him go....

    If he wants to be a part of the child's life, he'll eventually be allowed to do so unless the court finds him legally unfit.

    The LAST thing you want to do is actively hide the child from him unless you can prove that the child is in imminent danger. Nothing you've said here would suggest that's the case.

  3. #3
    Join Date
    Dec 2011
    Posts
    3

    Default Re: No Birth Certificate - Establishment of Paternity

    Not giving a child a birth certificate is legal.. nontheless.
    Just wondering what the court proceedings would be like if he wanted to come in. If I have no record of giving birth then what happens?
    When i posted it said not to give out information that would identify me. So obviously I didn't give a play by play of the situation.
    It's nothing like the norm but if you'd like to discuss anything feel free to message me.

  4. #4
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: No Birth Certificate - Establishment of Paternity

    You're free to speak with a local attorney

    The bottom line is that you can be compelled to produce the child for DNA testing, even if there is no birth certificate on file with the State. It has happened not infrequently (often when the mother is trying to hide the child). Trying to pretend that there is no child, or anything else, will come back to haunt you later.

    You really shouldn't have your boyfriend sign anything though - that IS committing paternity fraud, and can land you in a whole lot of trouble. If you go ahead anyway, biological father can still challenge paternity for quite some time after that. That is what I was referring to.

  5. #5
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: No Birth Certificate - Establishment of Paternity

    Oh, come on. It would be incredibly foolish to not obtain a birth certificate for a child. Even if we assume you don't want to claim the child as a dependent on your taxes, the child will eventually need to enroll in school, prove citizenship, obtain a Social Security number, etc.

    As for your believe that you are not under a legal duty to report a live birth, you are wrong.
    Quote Quoting California Health & Safety Code
    Sec. 102400. Each live birth shall be registered with the local registrar of births and deaths for the district in which the birth occurred within 10 days following the date of the event.

    Sec. 102415. For live births that occur outside of a hospital or outside of a state-licensed alternative birth center, as defined in paragraph (4) of subdivision (b) of Section 1204, the physician in attendance at the birth or, in the absence of a physician, the professionally licensed midwife in attendance at the birth or, in the absence of a physician or midwife, either one of the parents shall be responsible for entering the information on the certificate, securing the required signatures, and for registering the certificate with the local registrar.
    Failing to report a live birth won't prevent the father from filing a paternity action. It's not as if the baby ceases to exist.

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: No Birth Certificate - Establishment of Paternity

    Bordello;574315]Not giving a child a birth certificate is legal.. nontheless.
    so? That has nothing to do with the father establishing paternity. He can sue you to establish paternity whether you have a birth certificate or not.


    Just wondering what the court proceedings would be like if he wanted to come in. If I have no record of giving birth then what happens?
    you go to court, give DNA samples and when complete, determine whether dad is dad or not.

  7. #7
    Join Date
    Dec 2011
    Posts
    3

    Default Re: No Birth Certificate - Establishment of Paternity

    I have so many questions about how things work.. The legalities, jurisdictions, and what laws are binding if a child is not "property of the state"... But it's all so frustrating.
    Makes me want to move to Canada and have the baby there. :-/
    This guy is trained.. and a dangerous person. I have reports.
    However, I don't trust the judicial system in protecting myself or my child. They have failed significantly. Police departments water things down unless someone has caused bodidly harm or caught in the act. What about the threats before these things happen? Are they just completely irrelevant and the police will be there next time when the threats are followed through with?
    Obviously I'm feeling desperate, in protective mode. Time is ticking.
    Maybe he wont come around?
    Just maybe...
    ... Next comment would be"well why don't you just get a restraining order".. But really... A restraining order is just there to scare away the ones that are too afraid to do something. Other than that, the serious ones will just make sure they wont get caught or take everyone out so its a closed case. If someone really wants to hurt another person, they already know it's illegal. What's a restraining order going to do?
    .... Reconsider your claim for accusing my ideas as "incredibly foolish"...
    It's not like I have absolutely NO REASON to think of a list of options.

  8. #8
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: No Birth Certificate - Establishment of Paternity

    Moving to Canada wouldn't change anything.

    You do - perhaps - have another option depending on how far along the pregnancy is.

    You know what that option is and whether or not it's available to you. And before I get yelled at, it's a perfectly valid, legal response.

  9. #9
    Join Date
    Sep 2011
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    OH10
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    17,019

    Default Re: No Birth Certificate - Establishment of Paternity

    Obviously he was not too dangerous to sleep with. If anyone we have info on appears to be unbalanced it is you. I suggest you seek counseling to work out these issues you are raising.

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