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 for your son can be requested in the district court where he resides. To amend the birth certificate to include you as the father, a paternity action will likely need to be filed. The court order establishing paternity can then be used to request a new birth certificate from California.
A paternity action can be initiated in the county where your son lives in Oklahoma. Generally, only certain parties, such as the mother, the alleged father, or the child, can file for paternity. If the court determines paternity, it will order DNA testing if necessary, and the decision will be final. You will need a copy of the court order to establish your rights as a father.
In California, the law states that once paternity is established by a court, a certified copy of that order can be used to request a new birth certificate (Cal. Health & Safety Code § 102725). In Oklahoma, you can petition for a name change as part of the paternity proceeding (Okla. Stat. tit. 12, § 1631).
Thus, you will need to follow the legal procedures in Oklahoma for both the paternity action and the name change, while also obtaining the necessary documents from California for the birth certificate amendment.
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.