Establishing Paternity in California
Paternity involves legally determining who is the father of a child. This can be established when the father signs a Voluntary Declaration of Paternity or, if that has not been done, by either parent through a Petition to Establish Parentage filed with the court. Once paternity is established, the father is subject to certain rights and responsibilities. Establishing paternity can provide major benefits (i.e., health, financial, psychological) for your child and their quality of life.
While there are most often genetic factors used in determining paternity for a child (i.e., the biological father), paternity can also be dependent on the familial circumstances related the child’s upbringing. In other words, outside of marriage, legal paternity may be established through intentional actions would need to be taken in these cases.
BIOLOGICAL PATERNITY IN THE PRESENCE OF A MARRIAGE
If the child is born while the biological mother is married, her spouse is presumptively the father of the child. However, parentage can be legally contested within two years of the child’s birth even if the child is born to a married couple. This often happens when the married father does not believe he is the biological father. Still, in these cases, courts may often favor a stable marriage over a non-stable/involved biological father, and adjudicate the non-biological married spouse as the legal father of the child.
PATERNITY IN THE ABSENCE OF A MARRIAGE
The non-marital relationship between a biological mother and biological father does not necessarily stave off a father’s paternal rights and responsibilities that come with being a legal parent. Still, it is likely a paternity test will need to be requested through court to have paternity legally recognized.
Additionally, paternity could be awarded to a presumed parent who receives the child into their home and openly holds out the child as their natural child. This does not require a biological connection, but will require a court finding and order.
THE VOLUNTARY DECLARATION OF PATERNITY
If both the mother and father agree on the parentage of their child, that is they both agree upon one another as the maternal and paternal figures in their child’s life, they can sign a “voluntary declaration of paternity” form. If both parents sign this form, the form validates that the signers are the parents, and the man is the child’s father. This can be signed just after birth or later on in the child’s life. Depending on when this form is signed, a new birth certificate can be issued to include both the child’s biological parents on it.
Signing the “voluntary declaration of paternity” form is, as it reads, completely voluntary; Yet, once signed, it precludes the father from saying he is not the father later on in the child’s life. Signing this form fast tracks the legal parentage process, including giving up the signer’s rights to a trial to decide parentage, DNA testing, notice of any parentage hearing, and the opportunity to present your case to the court. In giving up these rights, the father will then be recognized as given the opportunity to seek orders on legal and physical custody. There are also financial responsibilities that naturally accompany those rights, including child support.
OTHER OPTIONS TO ESTABLISHING PATERNITY
If the “voluntary declaration of paternity” form is not signed at the birth of the child, or later on in the child’s life, by the biological father, a request for a paternity order can be submitted to the court. This request for a paternity order can be submitted by the mother of the child or unborn child, the man who believes he is the father to the child or unborn child, an adoption agency, a child support agency who feels they have identified a neglectful situation, or the child when they have reached or surpassed the age of 12.
ADVANTAGES IN ESTABLISHING PATERNITY FOR THE CHILD
Establishing paternity can provide many benefits for the child involved, not the least of which is financial support (i.e., child support). Establishing paternity will also provide the child with legal documentation identifying both their parents, and subsequently ensure both parents’ names are on their birth certificate. This will allow access to family medical records and history of the child to help their immediate and future healthcare. The father can also sign documents on behalf of the child, such as releases and permission forms. Having both legal paternal and maternal parentage will allow the child health and life insurance coverage from both parents, the right to inherit from either parent, and the right to receive social security and veteran’s benefits, if available, later in their life.
Though every situation has its own set of facts, and every case should be uniquely evaluated, establishing paternity essentially provides the child with two parental sources of financial and medical support. This should positively contribute to the development of a healthy life for the child that might not otherwise be possible if only one parent is legally recognized.
