Full question:
My son was born in Ca. but has lived in Oklahoma for 10 years. He has his mothers maiden name instead of mine and his birth certificate lists the father as 'unknown'. Can the birth certificate be ammended to show me as the father as well as his name change? Also does he need the package from California, where he was born or Oklahoma, where he lives now? thank you
- Category: Paternity
- Date:
- State: California
Answer:
A name change only action may be brought in the district court where the minor resides. To change the birth certificate a paternity action will likely need to be filed and the court order of paternity can be used to request that the birth certificate in California be reissued. A paternity action can be filed in the county where the child resides and a name change may be requested as part of the paternity proceeding.
In most states, a paternity action takes the form of a civil lawsuit. Only certain persons or parties have legal standing to bring a paternity action, including the mother of the child; the mother of an expected child; a man alleging that he is the biological father of a child; a man alleging that he is the biological father of an expected child; the child; a personal representative of the child; the mother and father of a child (a voluntary action filed together); the mother and father of an expected child (a voluntary action filed together); a state social service agency, interceding in cases of child neglect or need; and a prosecutor's office, interceding in cases of child neglect or need. An action for paternity may be filed by the child. In many states, after a child reaches the "age of majority," he has another one to five years to seek the establishment of paternity.
A court will not automatically order paternity tests simply because a paternity action has been filed. It will review the petition to determine if there is sufficient information contained therein to warrant or justify the compelling of such a test. If the court orders a paternity test, the mother, child, and alleged father will all be tested at a court-designated facility. A court determination of paternity is final, and a copy of the court's order will be needed to establish the child's rights, both present and future. A man is presumed to be the father if he has been married to the mother for a certain time before the child is born. That presumption may be rebutted by clear and convincing standards of evidence, such as a DNA test. A man not a presumed father may bring an action for the purpose of declaring that he is the natural father of a child having a presumed father. If a biological father is determined to be a man not married to the mother, that man may be ordered to have visitation rights, as well as other obligations.
Please see the following CA statute:
102725. Whenever the existence or nonexistence of the parent and
child relationship has been determined by a court of this state or a
court of another state, and upon receipt of a certified copy of the
court order, application, and payment of the required fee, the State
Registrar shall establish a new birth certificate for the child in
the manner prescribed in Article 1 (commencing with Section 102625),
if the original record of birth is on file in the office of the State
Registrar.
The following are Oklahoma statutes:
§ 12-1631. Right to Petition for Change of Name: Any natural person, who has been domiciled in this state or who has been residing upon any military reservation located in said state, for more than thirty (30) days, and has been an actual resident of the county or such military reservation situated in said county, or county in which the military reservation is situated, for more than thirty (30) days, next preceding the filing of the action, may petition for a change of name in a civil action in the district court. If the person be a minor, the action may be brought by guardian or next friend as in other actions.
§ 12-1632. Required Context of Petition: The petition shall be verified and shall state:
(a) The name and address of the petitioner;
(b) The facts as to domicile and residence;
(c) The date and place of birth;
(d) The birth certificate number, and place where the birth isregistered, if registered;
(e) The name desired by petitioner;
(f) A clear and concise statement of the reasons for the desired change;
(g) A positive statement that the change is not sought for any illegalor fraudulent purpose, or to delay or hinder creditors.
§ 12-1633. Notice - Protest - Hearing Date - Continuance:
A. Notice of filing of the petition shall be given, in the manner provided for publication notice in civil cases, by publishing the same one time at least ten (10) days prior to the date set for hearing in some newspaper authorized by law to publish legal notices printed in the county where the petition is filed if there be any printed in such county, and if there be none, then in some such newspaper printed in this state of general circulation in that county. The notice shall contain the style and number of the case, the time, date and place where the same is to be heard, and that any person may file a written protest in the case prior to the date set for the hearing. The hearing date may be any day after completion of the publication. The court or judge, for cause, may continue the matter to a later date.
B. The court may waive the publication requirements of this section for good cause which includes, but is not limited to, cases of domestic violence in which the court proceedings are sealed.
§ 12-1634. Proof of Petition by Sworn Evidence:
The material allegations of the petition shall be sustained by sworn evidence, and the prayer of the petition shall be granted unless the court or judge finds that the change is sought for an illegal or fraudulent purpose, or that a material allegation in the petition is false.
§ 12-1635. Judgment - Authenticated Copy:
The judgment shall recite generally the material facts and the change granted, or if denied, the reasons for the denial. A certified or authenticated copy of such judgment may be filed in any office, where proper to do so, and shall be regarded as a judgment in a civil action.
§ 12-1636. Fraudulent Use of Judgment a Misdemeanor:
Any person who obtains a judgment under this act, willfully intending to use the same for any illegal or fraudulent purpose, or who thereafter willfully and intentionally uses such judgment, or a copy thereof, for any illegal or fraudulent purpose, shall be deemed guilty of a misdemeanor.
§ 12-1637. Exclusiveness of statutory remedy:
After May 19, 1953, no natural person in this state may change his or her name except as provided in Sections 1631 through 1635 of this title and Section 90.4[10-90.4] of Title 10 of the Oklahoma Statutes and Section 1-321[63-1-321] of Title 63 of the Oklahoma Statutes, other than by marriage, as prescribed in Sections 5, 6, and 8 of Title 43 of the Oklahoma Statutes, or by decree of divorce, as prescribed in Section 121[43-121] of Title 43 of the Oklahoma Statutes, or by adoption, as prescribed in Section 7505-3.1[10-7505-3.1] of Title 10 of the Oklahoma Statutes. (Above effective June 8, 2006)
Statues: Title 12 Civil Procedure, Chapter 39 Oklahoma Pleading Code
§ 12-2004. Process. Service by Publication
Service of summons upon a named defendant may be made by publication when it is stated in the petition, verified by the plaintiff or the plaintiff's attorney, or in a separate affidavit by the plaintiff or the plaintiff's attorney filed with the court, that with due diligence service cannot be made upon the defendant by any other method.
Service pursuant to this paragraph shall be made by publication of a notice, signed by the court clerk, one (1) day a week for three (3) consecutive weeks in a newspaper authorized by law to publish legal notices which is published in the county where the petition is filed. If no newspaper authorized by law to publish legal notices is published in such county, the notice shall be published in some such newspaper of general circulation which is published in an adjoining county. All named parties and their unknown successors who may be served by publication may be included in one notice. The notice shall state the court in which the petition is filed and the names of the plaintiff and the parties served by publication, and shall designate the parties whose unknown successors are being served. The notice shall also state that the named defendants and their unknown successors have been sued and must answer the petition on or before a time to be stated (which shall not be less than forty-one (41) days from the date of the first publication), or judgment, the nature of which shall be stated, will be rendered accordingly. If jurisdiction of the court is based on property, any real property subject to the jurisdiction of the court and any property or debts to be attached or garnished must be described in the notice.
Service by publication is complete when made in the manner and for the time prescribed in sub-paragraph c of this paragraph. Service by publication shall be proved by the affidavit of any person having knowledge of the publication. No default judgment may be entered on such service until proof of service by publication is filed with and approvedby the court.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
