PATERNITY ESTABLISHMENT

Paternity means fatherhood.

When a married couple has a child, paternity does not need to be established. The law automatically presumes the husband is the child's legal father.

When an unmarried woman has a child, paternity should be established to provide the child with the same legal rights as a child born to married parents. Also, the court will not order child support, or determine custody or visitation, until paternity has been legally established.

WHY ESTABLISH PATERNITY?

Support from both parents
Legal documentation of who his or her parents are
Access to family medical history to learn of diseases, illnesses, birth defects and other health problems that can be passed on by parents
Medical and life insurance from either parent, if available
Inheritance rights
Social Security and veterans’ benefits, if available
Unwed fathers can have their names added to the child’s birth certificate.

HOW PATERNITY IS ESTABLISHED

Signing a "Declaration of Paternity"

Unmarried parents can establish paternity by signing a Declaration of Paternity (POP). Both parents must sign a Declaration of Paternity (POP) in front of a designated witness or notary public.

A Declaration of Paternity (POP) is available at birthing hospitals, local registrars of births and deaths, Family Law Facilitator offices, welfare offices, or the county Department of Child Support Services.

In an effort to create a legal link between unmarried fathers and their children, the California Department of Social Services joined other states in a partnership with licensed hospitals and clinics with birthing facilities to establish the Paternity Opportunity Program (POP). This voluntary in-hospital paternity acknowledgment program, implemented in January 1995, involves about 330 of California's licensed hospitals and clinics with birthing facilities. The program has since been expanded to prenatal clinics, county welfare offices, local vital records offices, and courts.

Information for Unmarried Parents

If the parents of a child are not legally married, the father's name will NOT be added to the birth certificate. This is the result of federal welfare reform legislation effective January 1, 1997. To get the father’s name on the birth certificate, they must:
1.Sign a Declaration of Paternity in the hospital, or
2.Sign the form later or legally establish paternity through the courts and pay a fee to amend the birth certificate.

For additional information regarding the Declaration of Paternity (POP Program), please click here to contact the Department of Child Support Services.

By Legal Agreement

Both parents may agree (stipulate) to a child's paternity and arrange for child support payments. The court must approve these agreements.

Genetic Tests

Sometimes a parent may want proof of biological paternity before a man is named the legal father. In that case, the Department of Child Support Services or either parent can request a genetic test. This test will exclude a man who is not the biological father of the child, or it can show a greater than 99 percent chance that a man is the father.

The Department of Child Support Services offers genetic testing, in the office, or if you are out of our area, we can set up testing in your area.. If an alleged father refuses to be tested or sign a Declaration of Paternity, the court can order a genetic test.

Proving Paternity in Court

If paternity is in question, the court may order the mother, child, and alleged father to appear for genetic testing. The alleged father has the right to a hearing to decide the issue of paternity. The court hearing gives the alleged father an opportunity to present his case to the court. In addition to the right to a hearing, the alleged father’s rights include:

-The right to present and cross-examine witnesses

- The right to have an attorney represent him

- The right to have an attorney appointed to represent him, if he cannot afford one in an action filed by the Department of Child Support Services.

The court may consider the following information:

Details about the man's relationship with the mother
Money given for the child by the man
Admissions of fatherhood by the man
Letters sent or gifts given to the child by the man
Details about when the child was conceived
Information from others who knew about the man's relationship with the mother
Pictures of the man with the child

For Frequently Asked Questions regarding Paternity, click here.

Thank You for paying your child support ! ! !