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Q: Paternity - law ( Answered,   0 Comments )
Subject: Paternity - law
Category: Relationships and Society > Law
Asked by: sissycr-ga
List Price: $20.00
Posted: 05 Jun 2006 11:16 PDT
Expires: 05 Jul 2006 11:16 PDT
Question ID: 735479
(Unmarried California resident). Currently pregnant - if the father
signs a declaration of paternity, does that necessarily mean that his
last name must be given to the baby?  Or, can I have my name be used
as the child's name (even with a declaration of paternity signed?)
Subject: Re: Paternity - law
Answered By: hagan-ga on 08 Jun 2006 11:02 PDT
Hello Sissy, and congratulations!  You don't need to worry about a
Declaration of Paternity requiring a certain name to be given to the
baby.  The baby's name -- first, middle, last, and any extra -- is
ENTIRELY AND COMPLETELY up to you.  Not only does the baby not have to
take the Father's last name, you can also choose not to give your OWN
last name to the baby.  If your name is Ann Smith, and the father's
name is Tom Jones, you can name the baby Wilbur Jean Ramon Garcia if
you want.

The purpose of a Dec of Paternity is to ALLOW the father's name to be
placed on the birth certificate AS THE FATHER, in the space provided
for "Father's Name."  It has no effect on the baby's name at all.

All you have to do to name your baby is pick a name -- whatever name
you like, first, middle, last, and any extras (two middle names? 
three?) and put it on the birth certificate before you leave the
hospital.  If you don't pick a name before you leave the hospital,
"you must request a ?Supplemental Name Report? form from the
Department of Public Health. When you have selected a name, complete
the form and send it directly to the Birth Registry at the above
address. If you complete the report within one year following birth,
there is no charge. However, if you wait more than one year to name
your baby, the Birth Registry will charge a fee."

Here is a pamphlet given out by the State for registering
out-of-hospital births.  Note that there is no requirement regarding
the substance of the baby's last name.

Health and Safety Code Section 102425 imposes the requirements for a
birth certificate in the State of California.  It does not impose any
obligation that the child?s last name be the same as either the
father?s OR mother?s.

More information on the Declaration of Paternity can be found at these sites:

Congratulations again!  If I can provide any further information or
clarification, please don't hesitate to ask.
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