What if the father's identity is unknown?

In California, if a father’s identity is unknown, the mother can petition the court to establish paternity through a “default judgment”. This involves filing a form with the court to officially establish the mother’s relationship to the child and request an order of support from the father. The court will also order the father to submit to a DNA test which will provide conclusive proof of his identity. If the father refuses to submit to a paternity test or fails to comply with the court order, the court can enter a “default judgment of paternity” which establishes the father’s legal relationship to the child and orders him to pay child support. If a father is absent or unknown, the mother must also file a form with the California Department of Child Support Services in order to ensure that the father is held financially responsible for the child’s support. This form, known as an “Acknowledgement of Paternity” form, asks the father to sign and acknowledge his paternity and agree to pay child support. If the father refuses to sign the form, the mother can still seek a court order to establish the father’s legal paternity. In cases where the father’s identity is unknown, the court may also order a “parentage action”. This is a legal proceeding in which the mother can provide evidence to the court of her relationship to the child and the father’s identity. If the court is satisfied with the evidence, it will enter a judgment declaring the father’s legal paternity of the child. Once the court has entered a judgment of paternity, the father will owe a duty of support to the child.

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What if the father's identity is unknown?

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