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I am 17 turning 18 in a month and 1/2 my boyfriend is 18 and i am pregnant can he get charged or can i put him on the birth cert

San Bernardino, CA |

i live in california

Attorney Answers 3


  1. The age of consent in CA is 18 and there is no exception for closeness in age as there is in some states. Legally, your boyfriend committed a crime and his name on the birth certificate would be evidence of that crime. I don't know whether it would ever come to the police's attention, but the safest bet would be not to include his name on the birth certificate.

    Best,

    Nicholas M. Loncar, Esq.
    t: 323.803.4352 | f: 323.617.3838
    www.iDefendLosAngeles.com
    Nicholas.Loncar@iDefendLosAngeles.com
    Sunset Law Building | 1295 W Sunset Blvd
    Los Angeles, CA | 90027


  2. 261.5 (b), unlawful sexual intercourse, is a misdemeanor. Who is going to call the police on this guy? You? I doubt the potential misdemeanor is worth a lifetime of not having your father on your birth certificate.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia


  3. Given the closest in age the most your bf could be charged with is a misdemeanor. I doubt it will come to anyone's attention. If he is willing to take the risk it will assure that your baby can look to him for support for the next 18 years.

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