How do I establish paternity in California?
California codifies parentage in the Uniform Parentage Act, Cal. Fam. Code §§ 7600-7730.
1. Voluntary Declaration of Parentage (VDOP)
Form CS 909 (formerly the VDOP) is signed by both parents at the hospital or later through a Child Support Services or local birth-registrar office. Under Cal. Fam. Code § 7573, a properly executed VDOP "establishes the parentage of a child and has the same force and effect as a judgment for parentage." Either signer may rescind within 60 days using form CS 915 (§ 7575(a)); after 60 days it may only be challenged for fraud, duress, or material mistake of fact within two years (§ 7575(c)).
2. Court-Ordered Paternity
A mother, alleged father, child (through guardian ad litem), or the Local Child Support Agency may file a Petition to Establish Parental Relationship (FL-200) in superior court. Under § 7551 and 42 U.S.C. § 666(a)(5)(B), the court orders genetic testing on a sworn allegation; results of 99% or greater create a rebuttable presumption under § 7555.
3. Presumption of Paternity
Cal. Fam. Code § 7611 lists presumed parents — most notably a man married to the mother at birth or who receives the child into his home and openly holds the child out as his own. The marital presumption under § 7540 is conclusive but may be rebutted within 2 years of birth by blood tests under § 7541.
4. Effects of Establishing Paternity
Triggers a child-support obligation (§ 4055 guidelines), opens custody/visitation jurisdiction (§ 3010), creates intestate inheritance rights (Prob. Code § 6453), allows a name change on the birth certificate via VS-24 with CDPH Vital Records, and qualifies the child for Social Security, health insurance, and military benefits.
5. Special Situations
Same-sex couples use the same VDOP under § 7613.5. Assisted-reproduction donors are not parents absent written agreement (§ 7613). Posthumous paternity may be established under Prob. Code § 249.5. California recognizes more than two legal parents under § 7612(c).
This is legal information, not legal advice.
- Contested paternity with disputed genetic results or alleged sample tampering
- Same-sex parentage or assisted-reproduction dispute involving a third parent under § 7612(c)
- Challenging a VDOP after the 60-day rescission window has closed
- Cal. Fam. Code § 7570
- Cal. Fam. Code § 7573
- Cal. Fam. Code § 7575
- Cal. Fam. Code § 7611
- Cal. Fam. Code § 7551
- 42 U.S.C. § 666(a)(5)(B)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.