I had a baby almost a year ago. When he was born, my husband couldn't be there with me at the time, so when the nurse asked me for the fathers name I told her his name but told her he wasn't in the states... she said that it wasn't possible for his name to be added because he wasn't there... is that a new California law? or why do you guys think that is?.

As far as I know in California, or any state, when a child is born in wedlock, the husband is automatically considered to be the legal father, regardless of paternity. Your marriage would have easily been verified by a vital records check, which would happen when the birth certificate was actually recorded. It would seem that the nurse gave you incorrect information. To remedy this, you could simply have your husband sign an acknowledgment of paternity, and have him added to the birth certificate that way.

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Originally Posted by kcomissiong

As far as I know in California, or any state, when a child is born in wedlock, the husband is automatically considered to be the legal father, regardless of paternity. Your marriage would have easily been verified by a vital records check, which would happen when the birth certificate was actually recorded. It would seem that the nurse gave you incorrect information. To remedy this, you could simply have your husband sign an acknowledgment of paternity, and have him added to the birth certificate that way.

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Agreed. The nurse must have misunderstood either the facts you were telling her or the procedure to be used in sending information to the vital statistics office.

I would go a step further. I would go back to the hospital or the local Vital records office and show them your marriage license. Tell them that you were married when your child was born and that your husband's name should be on the birth certificate.

This was an error on the part of the nurse and should be corrected without hassle.