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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 |
Attorney answers 3


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.


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


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.

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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.