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  1. #1
    Join Date
    Aug 2018
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    2

    Default Can You Remove Your Name from a Child's Birth Certificate Based on a DNA Test

    My question involves paternity law for the State of: california
    So a baby has just been born and I want to put my name on the birth certificate for the sake of if the baby is mine I want her to have my last name. If I were to sign the birth certificate and a legal paternity test determines I'm not the father now hard is it to have my name taken off of the birth certificate if possible? We have never been married or even together at all for that matter...

  2. #2
    Join Date
    Jan 2016
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    410

    Default Re: If I Sign Birth Certificate and a Paternity Test Shows Not Mine, Can I Have Name

    Quote Quoting Jrld5955
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    My question involves paternity law for the State of: california
    So a baby has just been born and I want to put my name on the birth certificate for the sake of if the baby is mine I want her to have my last name. If I were to sign the birth certificate and a legal paternity test determines I'm not the father now hard is it to have my name taken off of the birth certificate if possible? We have never been married or even together at all for that matter...
    Do NOT put your name on the BC until there's been a paternity test. You are setting yourself up to have to go to court so the court can order the change. In the meantime, you're on the hook for child support. So if you think there's even a chance the child isn't yours - get the paternity test.

  3. #3
    Join Date
    Aug 2018
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    2

    Default Re: If I Sign Birth Certificate and a Paternity Test Shows Not Mine, Can I Have Name

    Quote Quoting Shadowbunny
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    Do NOT put your name on the BC until there's been a paternity test. You are setting yourself up to have to go to court so the court can order the change. In the meantime, you're on the hook for child support. So if you think there's even a chance the child isn't yours - get the paternity test.
    Neither one of us want to go to court for anything, if I'm not the father shes more than willing to have the BC amended for me to be taken off. She "guarantees" theres no way no how the baby isn't mine and I just want the baby to have my last name if she is mine but that wont happen unless I'm there to sign it... obviously there is some doubt that she isn't mine so I dont know what to do

  4. #4
    Join Date
    Jun 2014
    Posts
    3,066

    Default Re: If I Sign Birth Certificate and a Paternity Test Shows Not Mine, Can I Have Name

    Are you going to be paying her child support regularly ? What if she wants more money ? Or you want to see the child on a different schedule ?

    Depending on your states laws. If enough time has,passed and a court rules you are not the biological father. You could still have to pay child support.

    Do not sign anything. Until a court ordered paternity test proves you are the father.

    Are they receiving public assistance? If they are. If you sign the birth certificate or she names you as the father. Support Enforcement will let you know how much child support you will be paying. All, part or none of the child support may go to mom for the child. It will go to the state to reimburse them.

  5. #5
    Join Date
    Jul 2018
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    1,654

    Default Re: If I Sign Birth Certificate and a Paternity Test Shows Not Mine, Can I Have Name

    Quote Quoting Jrld5955
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    So a baby has just been born and I want to put my name on the birth certificate for the sake of if the baby is mine I want her to have my last name. If I were to sign the birth certificate and a legal paternity test determines I'm not the father now hard is it to have my name taken off of the birth certificate if possible? We have never been married or even together at all for that matter...
    Whether the child gets your last name or not is entirely up to the mother. She can give the child whatever last name she wants, regardless of who the father is or what you do or don't sign.

    Also, the parents don't sign the birth certificate. The birth certificate will be signed by the local records clerk and the delivering doctor. In order for your name to be placed on the birth certificate as father, both you and the mother will have to sign an acknowledgment of paternity. If you're not sure you're the father, then you'd be an absolute fool to sign such an acknowledgment.

  6. #6
    Join Date
    Jan 2016
    Posts
    410

    Default Re: If I Sign Birth Certificate and a Paternity Test Shows Not Mine, Can I Have Name

    Quote Quoting Jrld5955
    View Post
    Neither one of us want to go to court for anything, if I'm not the father shes more than willing to have the BC amended for me to be taken off. She "guarantees" theres no way no how the baby isn't mine and I just want the baby to have my last name if she is mine but that wont happen unless I'm there to sign it... obviously there is some doubt that she isn't mine so I dont know what to do
    But you WILL have to go to court if a paternity test finds out you're not the father but you've already been named on the BC. There's no way around that -- California law requires a COURT ORDER to change paternity on a BC.

    You would be foolish to sign the bc before getting a paternity test.

  7. #7
    Join Date
    Sep 2017
    Posts
    493

    Default Re: If I Sign Birth Certificate and a Paternity Test Shows Not Mine, Can I Have Name

    Quote Quoting Jrld5955
    View Post
    Neither one of us want to go to court for anything, if I'm not the father shes more than willing to have the BC amended for me to be taken off. She "guarantees" theres no way no how the baby isn't mine and I just want the baby to have my last name if she is mine but that wont happen unless I'm there to sign it... obviously there is some doubt that she isn't mine so I dont know what to do
    Her promises now don't mean squat. Once you do something to make her mad, you are screwed. DO NOT SIGN IT. If she's so sure the kid is yours, she should have no trouble letting you wait for a DNA test. You will have to go through court to be removed, whether you want to go to court for anything or not. She's willing to have it amended.... yeah, right. You're a fool if you do this. If she doesn't amend it, you owe her child support, even if the kid isn't yours.

  8. #8
    Join Date
    Feb 2014
    Location
    RTR/WDE
    Posts
    1,701

    Default Re: If I Sign Birth Certificate and a Paternity Test Shows Not Mine, Can I Have Name

    Quote Quoting Jrld5955
    View Post
    My question involves paternity law for the State of: california
    So a baby has just been born and I want to put my name on the birth certificate for the sake of if the baby is mine I want her to have my last name. If I were to sign the birth certificate and a legal paternity test determines I'm not the father now hard is it to have my name taken off of the birth certificate if possible? We have never been married or even together at all for that matter...
    Here are all the reasons why that it is a bad idea:
    http://www.courts.ca.gov/1202.htm
    https://leginfo.legislature.ca.gov/f...ectionNum=7575
    http://www.childsup.ca.gov/resources...paternity.aspx
    Don't make me quote Monty Python at you.

  9. #9
    Join Date
    Sep 2017
    Posts
    493

    Default Re: If I Sign Birth Certificate and a Paternity Test Shows Not Mine, Can I Have Name

    The courts donít want to bastardize a child, so they can force you to remain the legal father and financially responsible even if you prove itís not your kid because itís in the childís best interest to have 2 parents and you already claimed responsibility.

  10. #10
    Join Date
    Dec 2013
    Posts
    835

    Default Re: If I Sign Birth Certificate and a Paternity Test Shows Not Mine, Can I Have Name

    In addition, I believe if you sign the AOP you may only have 60 days to rescind it and request a paternity test. It's not something you can just do anytime between now and when the child is 18. Be smart, get the test first. She can give the baby your last name without you signing anything. If she tries to use that as leverage to get you to sign, or any other leverage then it is even more reason to get the paternity test.

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