How do Unmarried Fathers Establish Paternity?

When two parents are unmarried at the time their child is born, the father is not always presumed to the be the father. In fact, California law only presumes that a man is the child’s father in certain circumstances, such as:

• He was married to the mother at conception or birth
• He attempted to marry the mother and the child was conceived or born during the “marriage” (even if the marriage was not valid)
• He married the mother after the child’s birth and agreed to have his name on the birth certificate (or agreed to support the child)
• He welcomed the child into his home and acted as if the child was his own (i.e. “parentage by estoppel”)

If one the above situations does not apply to you, it may be appropriate to file for a declaration of paternity. A declaration of paternity is a legally binding court recognition of your rights and responsibilities as a father; while a father can be heavily involved in his child’s life, making important decisions about schooling and religion and the like, he is not legally recognized as the child’s father until there is a legal declaration of paternity.

Unmarried fathers in California can establish paternity in one of two ways:

1. Court order: Depending on the circumstances of your case, either parent can start a case to establish paternity. In certain cases, a father may want to establish legal paternity so he can make important decisions about the child’s life, so the child can benefit from his insurance, or so he can access medical records. A mother may want to establish legal paternity so she can compel the father to uphold his parental duties or collect child support. With the help of a family law attorney, you can file for a court-ordered paternity test and have a judge sign off on it, making it a legally binding recognition of parentage.
2. Voluntary declaration of paternity: If both parties agree that the father is the child’s parent, they can sign a declaration of paternity. If signed at the hospital, the father’s name can be added to the child’s birth certificate. If signed later on, it becomes a legally binding recognition of parentage. Once the declaration is on file with the court, the father will have all the legal rights and responsibilities of a parent, and a judge can order child custody, visitation, and child support if appropriate.

There are a number of legal reasons to establish legal parentage, including:

• Child support: A mother cannot pursue a court order for child support until the father is legally recognized as a parent.
• Visitation and custody: Similar to child support, the father is not legally entitled to visitation or custody until he is recognized by the state of California as the child’s father.
• Access to records: Without being recognized as a legal parent, the father will not have access to family medical records or medical history.
• Insurance coverage: Establishing paternity allows the child to benefit from the father’s health insurance and life insurance policies.
• Federal benefits: Establishing legal paternity entitles the child to Social Security and veteran’s benefits, if applicable.