Hi,<BR>I have a 'few' questions related to birth certificates. <P>1. Can the OW put H's name on the birth certificate even if the paternity has not been identified?<BR> <BR>2.Is H's approval required? <P>3. How difficult is it to change if it is wrong?<P>4. If H's name is on the birth certificate, whose right is it to give H's last name to the child?<P>Hope these questions don't sound too silly. I am not sure if this info varies by state and also not sure how to look it up by state. <P>Thanks,<BR>L.<P>

1. OW cannot put H name on birth certificate unless H is there to sign the certificate (California law)<BR>2. If H signs a declaration of paternity, judge can order certificate to be changed, but will usually abide by what the parties want IF they are in agreement. Prior to this, H's name cannot and will not be placed on certificate without his signature UNLESS OW lies and says they are married.<BR>3. OW can give child H's last name without his approval. <P>The birth certificate can be changed/amended through the Department of Vital Records. They have an amendment form that looks very much like the birth certificate. You fill in the old info, and then fill in the info as you would like it changed, then BOTH parents need to sign it….if both parents are on record.<P>Hope this helps!

Dear O, <P>Thanks for your quick reply. I do live in CA, so this info is helpful. Just one more question.....<P>1. If H's name is on the birth certificate &/or child also has H's last name.... What is the impact of this written evidence when paternity goes before a judge? If it is invalid, but on the birth certificate, will it carry any weight? <P>I just want to know all the potential areas of concern. Oops I guess that is more than 1 question. <P>Thanks again. <BR>L.<BR>

If H's name is on the birth certificate and H was not present, then either OW lied and said he was HER H(can be considered perjury because signing the certificate is equivalent to signing a declaration under penalty of perjury) or the rep for the Dept of Vital Records royally screwed up and didn't confirm the lack of a signature in the "father" section. When you go before a judge, the judge will ask H if he acknowledges paternity. If H says yes, then she will order him to complete the declaration of paternity. THIS will make him OC's legal father. In addition to completing the declaration, the judge must order the birth certificate change or it's a no go. If the judge orders the change, then OW must get copy of the order and mail it to Sacramento, along with the Adjudication of Fact of Parentage form (obtained from Vital Records) which she must fill out...does not need H to do this. By the same token, if H's name IS on the certificate and he's not the bio-father, judge can order the certificate changed to remove H's name. It only costs $20 to do.<P>The only way the birth certificate would carry any weight is if H signed it...and even then he has 2 years to rescind and request a paternity test. After the 2 years, he's legally bound.<BR>