I moved to Wa with my boyfriend who is stationed in the Army here.
When he found out I was pregnant he abondoned us and I have had no
contact with him since. I will moving back to California soon to give
birth in Fontana, California where we are both from. He will be in
Iraq by then. My question is can I give the baby his last name and
list him as the father if he is not there.

Hello floydflora~

According to the California Department of Child Support Services, "if
the parents of a child are not legally married, the father's name will
NOT be added to the birth certificate unless they:
Sign a Declaration of Paternity in the hospital, or 
Sign the form later or legally establish paternity through the courts
and pay a fee to amend the birth certificate."
( Paternity Opportunity Program:
http://www.childsup.cahwnet.gov/program/pop/filedec.asp )

This means that if your baby's father is not present at the birth, you
cannot add his name to your baby's birth certificate, or give your
baby his last name. Once the baby's father returns from Iraq, you can
ask him to sign a Declaration of Paternity, however.

The one exception to this is for fathers in the military. If the
baby's father will be out of the area when the baby is born, he can
sign a Declaration of Paternity *before* the baby is born. (See
"Military Dads-to-Be:"
http://www.childsup.cahwnet.gov/pub/brochures/militarypop.pdf )

If the baby's father refuses to sign a Declaration of Paternity, you
can open a case with your local child support agency, and they will
file the necessary paperwork to get a court order to establish
paternity. ("establishing Paternity;" Department of Child Support
Services: http://www.childsup.cahwnet.gov/pub/brochures/pub244.pdf )

To find the office nearest you, please see the Local Child Support
Agencies page: http://www.childsup.cahwnet.gov/county_locations.asp


Kind regards,
Kriswrite

RESEARCH STRATEGY:
Search of the California Department of Child Support Services website