What legal action can be taken against a woman who checks into a hospital to give birth but does so under a different woman’s name?

After birth she signs the birth documents as the other woman’s name and turns the baby over to that other woman. No legal adoption completed, no legal contracts done and no money involved. What laws have been broken and can she still be prosecuted for that crime even though it took place 6 years ago? Can anyone else involved (people taking child, doctors, hospital) in this falsified birth be prosecuted?

Asked on January 8, 2013 under Family Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Based upon what you have written about the woman that gave birth to the minor child can be charged criminally with child abandonment and possibly identification theft as to the woman whose name was used by her. The issue I see is that potentially the statute of limitations for any criminal charges that could have been brought may have run.

Medical personnel could be disciplined by the given state's medical association or other licensing agency. I suggest that legal counsel possibly be consulted regarding the matter that you have written about.

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