What to do if my husband’s name is not on our baby’s birth certificate?

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What to do if my husband’s name is not on our baby’s birth certificate?

He was working with the US Army overseas when he got killed. Now the baby cannot get death benefits unless his name is on her birth certificate. I don’t know how to amend it?

Asked on August 25, 2012 under Family Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

You must have a california court declare him the father of your child.  It is not a simple or easy process.  You can find a lot of information related to such proceedings by looking up "Adjudication of Facts of Parentage."

The trouble is that for a court to make this order, you have to have genetic testing done comparing your son's DNA to that of the father.  You have to have some DNA from the father in order to do that.  That could involve petitioning the Veteran's Administration to exhume the father's body.

Best of luck.


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