Q: Need proper venue for adjudication of parentage for amendment to birth cert. Family or probate? 1 parent deceased.
My father's name is listed as "withheld" on birth certificate. I am getting bounced back and forth between family and probate courts. I have taken DNA tests and my father accepts paternity claim. Paternity relationship is needed to establish membership in Native American Tribe that will open up many benefits for my child and I. I need guidance through the Santa Clara County Court process. I am not a minor and my mother has been deceased for several years. Maternal grandmother is still living, but is on Hospice.
A:
Yes, you will need a court order to amend your birth certificate. You can do this in family court in the county where you live.
Here is some further information that may help you:
https://www.cdph.ca.gov/certlic/birthdeathmar/Documents/Affidavit-BirthPAMPHLET-(01-16)-MERGED.pdf
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