If you wish to voluntarily establish your paternity over a child in San Diego, you have the right to do so. Voluntary paternity can save you time by eliminating related court processes. You and the mother of the child will not have to go to court to establish parentage. Voluntary paternity can encourage a closer relationship between you and the child, as well as benefit the child with certain financial and insurance rights. You can acknowledge your voluntary paternity while at the hospital when the child is born, or else use other methods to do so later.
Both parents sign their names on the birth certificate.
You and your spouse sign a declaration of paternity.
You sign a declaration later and request a new birth certificate with your name on it.
You must sign a declaration of paternity at a public agency, such as a registrar of birth or welfare office, or in front of a notary public for it to be valid if you do not sign it at the hospital. Upon signing the document, you must file it with the California Department of Child Support Services. This will establish your voluntary paternity without having to go to court. Once you file the paperwork, a judge can assign you custody and visitation as an established parent.
Establishing paternity voluntarily can make things easier if you wish to obtain the legal rights and responsibilities of a parent without a trial. However, doing so means you forfeit certain other rights, such as the right to genetic testing, the right to a court trial to determine paternity, the right to present your case (along with evidence and witnesses) to the family court, the right to receive notice of any related parentage hearings, and the right to have a family law attorney represent you.
Once you establish voluntary paternity, it can be impossible to undo. Even if genetic testing later proves that the child is not biologically yours, you cannot undo the establishment of parentage. You will still have a legal obligation to support the child, as well as the right to child visitation and custody. If you fail to meet your support obligation as an established parent, you can face fines and even jail time. Should you or your spouse change your mind after signing a declaration of paternity, however, you can rescind your declaration within 60 days.