Establishing Paternity in California
How paternity is established in California: the voluntary acknowledgment form, court orders, genetic testing and deadlines.
Short answer: Unmarried parents (when the birth parent's partner is the only possible genetic parent), or parents who used donor assisted reproduction, can sign a free Voluntary Declaration of Parentage (VDOP) at the hospital, at a local child support agency, registrar of births, family law… Cal. Fam. Code § 7575; California Courts Self-Help Guide, Voluntary Declaration of Parentage; Cancel a signed VDOP
| Establishing paternity | Unmarried parents (when the birth parent's partner is the only possible genetic parent), or parents who used donor assisted reproduction, can sign a free Voluntary Declaration of Parentage (VDOP) at the hospital, at a local child support agency, registrar of births, family law facilitator or welfare office, or before a notary. It must be filed with the Department of Child Support Services and then has the same effect as a court judgment. Either parent may rescind it by filing a rescission form with the Department within 60 days after the later signature, unless a court has already entered a custody, visitation or support order in a case involving that parent. After that, a parent generally must ask a court to set it aside, usually within two years and only for a legal reason such as fraud. A parent who signed as a minor has until 60 days after turning 18 or becoming emancipated. Parentage can also be decided in a court case, where genetic testing can be requested. Rescission: https://selfhelp.courts.ca.gov/cancel-voluntary-decaration-parentage |
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Where to get help in California
More California divorce & family law
- Getting a Marriage License in California
- Adopting a Child in California
- Guardianship of a Child or Adult in California
- Changing Your Name in California
- Child Custody Laws in California
- How Child Support Is Calculated in California
- Divorce Records in California
- Alimony and Spousal Support in California
- How to File for Divorce in California
- Legal Separation and Annulment in California
- All California divorce & family law rules
FAQ
How do you establish paternity in California?
Unmarried parents (when the birth parent's partner is the only possible genetic parent), or parents who used donor assisted reproduction, can sign a free Voluntary Declaration of Parentage (VDOP) at the hospital, at a local child support agency, registrar of births, family law facilitator or welfare office, or before a notary. It must be filed with the Department of Child Support Services and then has the same effect as a court judgment. Either parent may rescind it by filing a rescission form with the Department within 60 days after the later signature, unless a court has already entered a custody, visitation or support order in a case involving that parent. After that, a parent generally must ask a court to set it aside, usually within two years and only for a legal reason such as fraud. A parent who signed as a minor has until 60 days after turning 18 or becoming emancipated. Parentage can also be decided in a court case, where genetic testing can be requested.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.