ESTABLISHING PATERNITY IN CALIFORNIA: WHO IS THE FATHER?

Recently, Anna Nicole Smith's ex-boyfriend, Larry Birkhead, filed suit for Paternity in Los Angeles Superior Court, demanding that Smith return to the U.S. with newborn daughter, Dannielynn Hope and submit the baby to a paternity test.  Read the details here.

"Establishing parentage" in California means saying who the legal parents of a child are if the parents were not married when the child was born.  If the parents were married when the child was born, the law usually considers the husband to be the father.

If you are not married when the child is born, you can sign a Voluntary Declaration of Paternity before leaving the hospital (or after).  When people who are not married can not agree about parentage, the court can order genetic testing.

California paternity law authorizes blood tests in cases where parentage is disputed.  The mother, child, and alleged father will be required to submit to these blood tests.  If a party refuses to submit to blood tests then the court has the power to resolve the parentage issue against that party.

Generally, a child's parentage must be established before child support or custody/visitation orders are put into place.  You can ask the judge for child support or custody and visitation as part of a case that establishes the parentage of a child.  If paternity is challenged by the father, temporary child support may be awarded while pending whether the alleged father is the actual father.  If the DNA test is negative, the child support paid may be returned to the paying party under California paternity law.

Comments

[germaine]

What if you doubt that you are the father of a newly born baby, were never married to mom, but lived with her during conception, You are the man, you break up with her while she is pergnant (she sleeps with someone else), you no longer know her whereabout or contact information and she puts you down on he birth cirtificate as the father. You don't find out days, months, or years later that you have been named as the natural father. Does your suspicion that it was your child, lack of commitment to find mom, and desegnation as the named father on the certificate bind you financially (i.e., child support)as the natural father for the remaining of that child's minority (i.e., turns 18)?