1.    What is paternity?  Paternity means fatherhood. It is a term referring to the child's legal father. Paternity is not required to be established for a mother as she is the one who gave birth to the child. However, when a married woman gives birth, her husband is presumed to be the child's father. When a child is born outside of marriage, the child's father does not automatically have the same rights and responsibilities as the father of a child born in marriage. The law allows the mother, child, father or State of California to legally establish that a man is the father. When this occurs, the child's paternity has been established. Parents who are not married when a child is born can sign a Declaration of Paternity. This can be done before they leave the hospital, or at any time after. When people who are not married can not agree about parentage, the court can order genetic testing. Usually a child's parentage must be established before you can get child support or custody and visitation orders. You can ask the judge for child support, custody and visitation as part of a case that establishes a child's paternity.divorce.  (Click to return to Paternity Question #1.)

 

   2.    Why is it important to establish paternity?  Establishing paternity is important for many reasons. Some include:

 

          a.   Support:  The law requires both parents to support their child. This is true even when parents are not married to each other. (NOTE: If a person is established as a child's legal parent, that person MUST support the child. It is a crime for a legal parent to fail to support his or her child. A legal parent also may seek custody and/or visitation rights.)

 

           b.   Medical:  A child may need to know if she/he has inherited any special health problems. In case a child or parent needs a transplant donor, knowing who the immediate family members are is important.

 

           c.   Citizenship:  Parents provide the child with citizenship and/or nationality. If one parent was not born in the United States, his/her place of origin may provide important rights to the child.

 

          d.   Benefits:  Without paternity established, a child is not entitled to any of his/her father's benefits including: Social Security insurance benefits, inheritance rights, veteran's and other benefits which may be acquired during his lifetime.

 

          e.   Rights:  When paternity is established, the father has the same rights as a father of a child in a marriage. These include the ability to address custody and visitation issues with the court, and to give other input into decisions regarding the child.  (Click to return to Paternity Question #2.)

 

   5.    Why should we sign the Declaration of Paternity?  There could be several reasons:

 

          a.   To show your child that you are proud to be his or her parents.

 

          b.   To legally establish the man as the child's father.

 

          c.   To allow the father's name to be added to the child's birth certificate.

 

          d.   To allow the child to be added to the father's health insurance plan.

 

          e.   To make sure that the father's social security or veteran's benefits are paid to the child, if eligible, in case the father dies or is disabled.

 

           f.   To protect the child's right to inherit from his or her father.   (Click to return to Paternity Question #5.)

 

   6.    If someone says you are a child's father, how can you make sure?  You should not sign a Declaration of Paternity form if you have any doubts about whether you are the child's father. There are very accurate genetic tests available which will absolutely exclude you if you are not the father. If you have an open child support case with the District Attorney's Office, you may request genetic testing (usually at no charge) at any time before paternity and a child support order are established.   (Click to return to Question #6.)

 

   7.    How do I know if I should sign a Declaration of Paternity?   The mother or father of a child born outside of marriage is not required to sign a Declaration of Paternity. If the Declaration is signed, it is legally binding on the mother and the father. A Declaration should not be signed if:

 

          a.   The mother is married and her husband is not the child's biological father. It may be signed by the biological father regardless of his marital status.

 

          b.   The mother or alleged father is not certain the alleged father is the child's biological father. Or,

 

          c.   Either parent does not understand the legal consequences of signing the form.  (Click to return to Question #7.)

 

   8.    Is there a deadline for signing a Declaration of Paternity form?   NO. Although the forms are provided at a child's birth for parents to sign, the forms may be signed at any time after the birth. However, as long as both parents VOLUNTARILY agree to sign the form, there are benefits to signing at the child's birth. If the forms are filled out in the hospital or other facility where the birth occurred, the facility's staff will file the completed form with the birth certificate information. Also, the only way to get the father's name on the original birth certificate when the parents are unmarried is to have the form transmitted with the birth certificate for registration. If parents obtain the form at a later date, they must file the form with the California Department of Health, Office of Vital Records and Statistics.   (Click to return to Question #8.)

 

   9.    I am worried that the baby's father will feel that establishing paternity gives him the right to control what I do. Is this the case?   NO. Custody and Visitation are separate issues from paternity. The baby's father, always can ask the court to make a custody and visitation order if he and the mother cannot agree. However, paternity does not automatically give the father extra rights, or strengthen his claim. The key factor is the child's welfare.  (Click to return to Question #9.)

 

 10.    What if I change my mind after signing the form?   You have up to 60 days unless a court order for custody, visitation or child support is established. Rescissions are handled through the California Department of Health, Office of Vital Records and Statistic, or you may contact the Department of Child Support Services.

 

            Only one parent needs to sign and file the rescission form, but the other parent must be notified. When one parent requests a rescission, the other parent will be notified by mail at the address listed on the Declaration of Paternity form. This notice will explain the rescission's effect and the procedures that must be followed if the parents would like to change the child's name because of the rescission.

 

            When a Declaration of Paternity is rescinded, it will be as though it never existed and the father's name will be removed from the child's birth certificate. If the father is under age 18, his parent or guardian must also sign the rescission documents. Rescission forms are available at the local child support agency or county records office. 

 

            NOTE: Please keep in mind that although a rescission nullifies the Declaration of Paternity document, paternity can still be established in the future by the other means mentioned in these FAQs.  (Click to return to Question #10.)