When you and your spouse have a child while married, you are recognized as the parents of your child under California law. After January 1, 2005, if parents are registered domestic partners when a child is born, the law assumes that the domestic partners are the child’s parents. If, however, you and your partner are not married, and you did not give birth to the child, either a Voluntary Declaration of Parentage or Paternity or a court order is required for you to have parental rights and responsibilities. What if you’re a gay or lesbian couple … how is parentage determined for you?
Did you know that just because a birth mother puts another person’s name on the birth certificate, that is not conclusive proof of parentage? You can, however, establish parentage or paternity by signing a Voluntary Declaration of Parentage or Paternity. If the unmarried parents sign a voluntary declaration of paternity at the hospital when the child is born, both names will go on the child’s birth certificate. If signed later, a new birth certificate can be issued with the new parent’s name listed along with the birth mother. Did you know that in California a child may have more than two parents under certain circumstances?
Why is parentage or paternity important? Only after parentage or paternity has been established can a court make orders for custody, visitation, and child support. Your child gets the emotional security of knowing who their parents are, and it gives them the same rights and privileges as children of married parents.
We Know Family Law Matters.
