Hi sguen-ga,
First, congratulations on becoming a father!
The baby will not be automatically given your last name - but it is
extremely easy to have it done, and having done so, you will be
granted full parental rights - without needing a court order. Of
course, you will still need to work out certain issues with the
child's mother, such as child support and visitation, (just as you
would in a separation or divorce) but having paternity established
will facilitate that process.
According to California law, unmarried parent's may elect for the
child's father to sign a Declaration of Paternity at birth, thereby
allowing the father to be added to the child's birth certificate and
the child to be granted the father's last name.
It is important that the Declaration of Paternity be signed
immediately after birth, while the child is still in the hospital
(i.e. before the birth certificate is issued). Otherwise, you will
have to pay a fee to have the father added to the certificate, at
which time a new birth certificate would be issued and the original
sealed.
You may obtain a Declaration of Paternity form at the hospital,
Registrar of Births and Deaths' office, county Child Support Services,
Family Law Facilitator or Welfare office.
According to California code, "there is a compelling state interest in
establishing paternity for all children." The code points out that
doing so ensures children have equal rights and access to benefits
such as health insurance, social security, and inheritance.
Additionally, the code points out that "knowledge of family medical
history is often necessary for correct medical diagnosis and
treatment." Of course, there are also important psychological benefits
for the child, in knowing who there father is and having had paternity
established.
Assuming you will be with the mother when she gives birth, you simply
need to let the hospital know that you would like to sign a
Declaration of Paternity and they will make the necessary
accommodations.
According to California Birth-Father.com, having signed the
Declaration of Paternity, you will have full rights as a parent and no
court action is required to obtain these rights. (i.e. signing the
Declaration of Paternity with the mother's consent automatically
extends full parental rights to you).
California code also states that a voluntary Declaration of Paternity
"shall have the same force and effect as a judgment for paternity
issued by a court
of competent jurisdiction."
The second question, regarding changing the name of the child, is a
bit more complicated. You will have to wait until after the child has
been born and after the Declaration of Paternity has been signed
(meaning that a birth certificate will be issued giving the child your
last name as it is spelled at the time of birth). You can then
petition for a court order to change the name of the child. If you do
not have the mother's consent, she must be notified at least 30 days
prior to the hearing (at which time she will have a chance to voice
her objection). Change of name can take up to a year and, when
granted, will not result in a new birth certificate being issued with
the new name. Instead, an amendment will be attached to the original
birth certification.
Had you first changed your own name, prior to the baby's birth, then
the child would adopt your new last name as it would then be your
legal name.
There seems to be an interesting loophole here. One of the few times
an entirely new birth certificate will be issued is when a Declaration
of Paternity is signed *after* the birth certificate was issued. Thus,
it seems theoretically you could go through the courts to change your
name, in the meantime the child would be born without paternity being
established. After your name change was approved by the courts, you
could then sign the Declaration of Paternity, at which time the old
birth certificate would be sealed and a new one issued with the child
being given your new last name.
Certainly I am no attorney and thus in no position to give legal
advice, so I strongly suggest you pose the name change question to a
competent California lawyer.
The California Department of Health Services provides a brief Q&A on
this topic:
http://www.dhs.cahwnet.gov/hisp/chs/OVR/Amendments/COURT%20ORDER%20NAME%20CHANGE.pdf
A more indepth discussion can be found at the California Law Self-Help
Center:
http://www.courtinfo.ca.gov/selfhelp/other/namechange.htm#childname
References:
Nolo's Guide to California Law
http://www.nolo.com/lawstore/products/product.cfm/objectID/22DA1761-DF7F-487F-8FE97A9CCA583F11/sampleChapter/5
CALIFORNIA FAMILY.CODE SECTION 7570-7577
http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=18875810542+0+0+0&WAISaction=retrieve
CALIFORNIA FAMILY.CODE SECTION 7610-7614
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=07001-08000&file=7610-7614
Child Support Services, El-Dorado, CA
http://www.co.el-dorado.ca.us/childsupport/Paternity.htm
California Birth-Father.com
http://www.birth-father.com/Activism/stat_scheme.html
Search terms used were:
"birth certificate father's name unmarried"
"california law paternity"
"california family.code"
"declaration of paternity parental rights"
"california name change"
"birth certificate name change"
I hope this addresses your questions to your satisfaction.
Thanks for using Google-Answers!
Regards,
antivirus-ga |
