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  1. #1
    Join Date
    Aug 2007
    Posts
    5

    Default Changing Daughter's Last Name on a Birth Certificate in California

    My wife and I were briefly separated in 1996 / 1997 when she became pregnant. We worked our relationship out and decided to stay together. We wee never divorced. My daughter was born in October of 1997. The nurse pressured my wife into putting the "presumed" father's name on the birth certificate. I've since found out that this was not legal. In California the only two choices for a married mother is either her husband's name or it can be left blank. The married father is the presumed / legal father by law in California.

    My wife and I would like to get the birth certificate amended to show my name as the father without having to sue each other. All of the "parentage" forms listed with the California Superior Courts are for unmarried parents and all have custody / child support components. None of them apply to us.

    Is there an easy way for both parents to work together and receive a "Adjudication of Facts of Parentage" from the courts? This is required for the office of Vital Statistics in Sacramento in order to amend her birth certificate.

    Any help or advice would be greatly appreciated here.

    Thanks

  2. #2
    Join Date
    Feb 2007
    Posts
    2,031

    Default Re: California: need help changing daughter's last name on birth cert

    Are you the bio-father of this child?

  3. #3
    Join Date
    Aug 2007
    Posts
    5

    Default Re: California: need help changing daughter's last name on birth cert

    I'm not the biological father.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: California: need help changing daughter's last name on birth cert

    How did the "presumed" father end up being named to the birth certificate? Did he sign an acknowledgement of paternity?

  5. #5
    Join Date
    Aug 2007
    Posts
    5

    Default Re: Changing Daughter's Last Name on a Birth Certificate in California

    He lives in another state and we had no contact with him at the time (he wanted nothing to do with my wife or the child at that point). Since my wife is married him signing one wouldn't make a difference. In California a married mother only has the two choices - husband or none.

    The nurse asked for the name and she put it on the birth certificate. It was that simple. I was outside in the hall with our family when this all took place so I didn't even find out about it until we recieved a copy of the birth certificate in the mail.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Changing Daughter's Last Name on a Birth Certificate in California

    "The name." You are talking here about the child's name or the father's name?

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