If you’re in a same-sex relationship and planning to grow your family, you should understand how California law lets both parents appear on your child’s birth certificate. Take the right steps early to protect your rights as a parent from day one.
Understand how parentage works in California
California law offers more than one way to establish legal parentage. For married same-sex couples, the law presumes both spouses qualify as legal parents if the child arrives during the marriage. This presumption lets both names appear on the birth certificate without extra paperwork. However, you may still want to consider a second-parent/confirmatory adoption as a birth certificate may not be enough to confer parental rights in your situation. It is important to speak to an attorney to see if this is a step you should take. Unmarried couples must confirm legal parentage in another way.
Sign a Voluntary Declaration of Parentage (VDOP)
Unmarried same-sex couples can sign a Voluntary Declaration of Parentage form at the hospital. This form carries the same legal effect as a court order. It allows the non-biological parent to appear on the birth certificate and grants full parental rights. Hospital staff usually hand out this form after birth, but you can also complete it later through the Department of Child Support Services.
Consider second-parent/confirmatory adoption for added security
Even with a VDOP or marriage, it is often recommended that couples pursue second-parent/confirmatory adoption. This court process creates a legal relationship between the non-biological parent and the child that all states recognize. It adds another layer of protection, especially if you plan to move or travel. Adoption might feel like an extra step, but it helps avoid legal issues down the line.
Clear paperwork like birth certificates and parentage declarations strengthen your family’s legal standing. Ask hospital staff to include both parents’ names correctly. Store copies of all documents and seek legal guidance if anything seems unclear. Solid records help prevent future complications.