Can I exclude my child's father's name from the birth certificate?

Full question:

I'm not married to my child’s father. I don't want his father’s name listed on the birth certificate. Can I do so? Can he amend the birth certificate get amended if he later gets a court order establishing paternity?

  • Category: Vital Records
  • Subcategory: Birth Certificates
  • Date:
  • State: California

Answer:

Yes, if you are not married to the child's father, his name will not appear on the birth certificate unless both of you sign a voluntary declaration of paternity at the hospital before the birth certificate is registered. If paternity is established later through a court order or a voluntary declaration of paternity, the birth certificate can be amended to include the father's name.

According to California law (Cal. Health & Safety Code § 102425), the birth certificate must include specific information, and the father's name is only included if both parents agree at the time of registration. If the parents are unmarried and do not sign this declaration, the father's name will be omitted. The birth certificate can be updated later if paternity is legally established.

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.

FAQs

While it's not illegal to not inform the father about the birth of your child, it may have legal implications regarding his rights. If the father seeks custody or visitation, he may argue that he was not informed. It's generally advisable to communicate with the other parent about significant matters involving the child.