Hello,
I'm from California. I had not listed my husband as the father of my child on the Birth Cert. It seems quite late for this, but I would like to do this since my child is getting older.

I am reviewing these California forms:

1) VS21 Adjudication of Facts of Parentage, and;

2) VS 22 Acknowledgement of Paternity/Parentage.

Reviewing these forms, it seems that things get a bit confusing and, perhaps complicated, once a parent has passed away.

I have filled out VS21 to add my husband, but, (if I'm reading it correctly) it still needs an accompanying court order to establish parentage. And, that court order would be enacted only if I completed VS22.

VS22 has simple instructions for married couples: I have my marriage cert, I can sign the Sworn Statement, BUT, again, one of its form requires a signature of both parents. And that takes me back to VS 21 instructions.

I think it's me, but both forms seems to go in circles on how to do this and that. I may need to seek legal counsel. Nonetheless, it would be nice to find answers.

So, as a widow, how I do petition to the court to have my husband added to the Birth Cert? Do I still need to establish parentage, even though I've been married to him since '85 to his passing? What is the overall court process? Can I do this on my own?

Also, I read the Declaration of Paternity form, but it does not apply to me since it deals with couples who are not married.

I hope I haven't confused anyone. If any one has similar experiences, please, I would more than appreciate some insight.

Thank you!

Yes it is a bit confusing since near the end you mentioned not being married after 1985. Were you actually divorced or legally separated at the time of birth for your second child?

Thanks Califdadof3 for responding! Sorry for the confusion!

I've been married to my late-husband since 1985. I became a widow in 2004, once he passed away.

With all this, I just wanted to establish that 1) I was always married to the father of my second child ( and first child too) 2) Is it necessary to go to court and establish parentage just to add the deceased father's name to the birth cert.

Thanks Califdadof3 for responding! Sorry for the confusion!

I've been married to my late-husband since 1985. I became a widow in 2004, once he passed away.

Both my husband and I were never divorced or legally separated, when we had our second child. Sometime after his birth, we again decided to spend time apart.

Even after our time apart and the birth of our second child, we were never divorced or legally separated, ever.

With all this, I just wanted to establish that 1) I was always married to the father of my second child ( and first child too) 2) Is it necessary to go to court and establish parentage just to add the deceased father's name to the birth cert.


Now I'm confused - the only reason I can think of to NOT put your husband's name on the birth certificate is because he wasn't the father. Now we get into the presumption that the husband is the father.

Why is this important to you now?

This is incorrect: "I've been married to my late-husband since 1985." You have NOT been married to him since 1985. You were married to him from 1985 until his date of death.

I know - I was widowed.

Hi JudyKayTee, thank you for responding!

Yes, I was married to him since 1985 until his date of death (in 2004) - we never divorced or legally separated. And,yes, he was the father.

... So, as a widow, how I do petition to the court to have my husband added to the Birth Cert? Do I still need to establish parentage, even though I've been married to him since '85 to his passing? What is the overall court process? Can I do this on my own? ...

I have looked at both forms you mentioned, and it seems clear that you would need to petition the court, either by hiring an attorney or by working it out by yourself. But the big question is this: Why do you believe it is necessary to do so?

Thanks AK Lawyer for responding! Very kind of you for clearing that up.

As to why it is necessary, one reason I'll give here is that it has been a major issue for my family.

"But the big question is this: Why do you believe it is necessary to do so?" <<< Is that the type of question I have to answer in court (in California)?

... "But the big question is this: Why do you believe it is necessary to do so?" <<< Is that the type of question I have to answer in court (in California)?

I doubt it. But I was concerned that you might erroneously be thinking that it necessary for some specific reason. I was hoping that if I could get at that motive, I could save you the trouble and expense.

Very helpful. Thank you for your concern!

Very helpful. Thank you for your concern!


- and so, what is the motive?

I'm more curious as to why he isn't on the because in the first place. Under CA law, where a child is born to a married couple, the husband is presumed to be the father and automatically added to the birth certificate.

So something must have happened that he's not there. And what that something is may have a bearing on being able to amend the certificate.

I'm more curious as to why he isn't on the bc in the first place. Under CA law, where a child is born to a married couple, the husband is presumed to be the father and automatically added to the birth certificate.

So something must have happened that he's not there. And what that something is may have a bearing on being able to amend the certificate.


Agreed - the reason for the question and the background are important.