How a Parentage Case Begins in California: A Guide for Unmarried Parents
Quick Answer: In California, unmarried parents can establish legal parentage either voluntarily, by signing a Voluntary Declaration of Parentage at or after the child's birth, or through a court proceeding initiated by filing a Petition to Establish Parental Relationship (Form FL-200). Establishing parentage is the legal foundation for all custody, visitation, child support, and inheritance rights. Without it, neither parent has court-enforceable rights with respect to the child.
If you have questions about establishing parentage in California, contact The Geller Firm at (415) 840-0570 for a confidential consultation.
What Is Parentage and Why Does It Matter?
Parentage, sometimes called paternity, is the legal recognition of a parental relationship between a child and one or both of their parents. In California, marriage creates an automatic presumption of parentage for both spouses when a child is born during the marriage. For unmarried parents, that presumption does not exist. Parentage must be established either voluntarily or through a court proceeding.
The legal consequences of establishing parentage are significant for all parties involved:
For the child: Established parentage gives the child the right to financial support from both parents, the right to inherit from both parents, access to both parents' health insurance and other benefits, and the legal foundation for a relationship with both parents.
For the non-custodial parent: Without established parentage, a parent has no legal right to seek custody or visitation, no matter how strong their biological or emotional connection to the child. Parentage is the prerequisite to all other parental rights.
For the custodial parent: Established parentage is required before child support can be ordered from the other parent. A custodial parent who has not established parentage cannot compel the other parent to contribute financially to the child's upbringing.
Method 1: Voluntary Declaration of Parentage
The simplest and most common way to establish parentage for unmarried parents in California is through a Voluntary Declaration of Parentage (VDOP). This is a standardized form that both parents sign voluntarily, acknowledging that they are the child's legal parents.
When Can the VDOP Be Signed?
The VDOP is most commonly signed at the hospital shortly after the child is born. Hospital staff are required to provide the form and information about it to unmarried parents at the time of birth. However, the VDOP can also be signed after the birth at a local child support agency or other authorized location.
What Is the Legal Effect of a VDOP?
Once signed by both parents and filed with the California Department of Child Support Services (DCSS), the VDOP has the same legal force as a court judgment of parentage. Both parents are legally recognized as the child's parents, and the child's birth certificate can be updated to reflect both parents' names.
Can a VDOP Be Rescinded?
Yes, but only within a limited timeframe. Either parent may rescind a VDOP within 60 days of signing it by filing a rescission form with DCSS. After 60 days, rescinding the VDOP requires a court order and a showing of fraud, duress, or material mistake of fact. The window for easy rescission is narrow, and both parents should understand the legal significance of signing before they do so.
Method 2: Court Petition to Establish Parentage
When parents cannot agree on parentage, or when one parent is unwilling to sign a VDOP, parentage can be established through a court proceeding. Either parent, the child through a guardian, or the California Department of Child Support Services on the child's behalf may initiate the case.
Step 1: File the Petition
The proceeding begins when the petitioning party files a Petition to Establish Parental Relationship (Form FL-200) in the Superior Court of the county where the child lives. The petition includes information about the child, both parents, and the nature of their relationship. It asks the court to issue a legal determination of parentage.
Step 2: Serve the Other Parent
After filing, the petitioner must serve the other parent with a copy of the filed petition and a summons. Service must be completed by a process server, sheriff, or any adult over 18 who is not a party to the case. The petitioner cannot personally serve the other parent. Proper service is a jurisdictional requirement, meaning the case cannot proceed without it.
Step 3: The Respondent Files a Response
Once served, the other parent, called the respondent, has 30 days to file a Response to Petition to Establish Parental Relationship (Form FL-220). In their response, the respondent may agree or disagree with the statements in the petition. If the respondent agrees that parentage should be established, the case can move toward a stipulated judgment relatively quickly. If the respondent disputes parentage, the case proceeds to the next stages.
Step 4: Genetic Testing if Parentage Is Disputed
When biological parentage is genuinely in dispute, the court may order genetic testing. Both parents and the child provide DNA samples, which are analyzed by a certified laboratory. California law provides that if genetic testing shows a probability of parentage of 99 percent or greater, there is a conclusive presumption of parentage. Courts rely heavily on genetic test results in contested parentage proceedings.
If a parent refuses to submit to court-ordered genetic testing, the court may draw an adverse inference against that parent and may issue a default judgment of parentage.
Step 5: Court Hearings
In cases involving disputes beyond simple parentage, such as disagreements about custody, support, or the circumstances of the child's conception, the court may hold one or more hearings at which both parties present evidence and argument. The court considers all relevant evidence, including genetic test results, testimony, and documentary evidence, in reaching its determination.
Step 6: Final Judgment of Parentage
Once the court has reviewed all evidence, it issues a Judgment of Parentage. This judgment legally establishes who the child's parents are. Importantly, it typically also includes orders for:
Child custody and visitation
Child support
Health insurance and childcare cost sharing
Other matters affecting the child's welfare
The judgment is enforceable as a court order, meaning either parent can return to court to enforce its terms if the other parent fails to comply.
What Happens After Parentage Is Established?
Once a judgment of parentage is entered, both parents have legally recognized rights and responsibilities with respect to the child. Key consequences include:
Custody and visitation. Either parent may seek a custody and visitation order from the court. The standard is the best interest of the child under Family Code § 3011, the same standard that applies in divorce cases.
Child support. The parent without primary custody will typically be ordered to pay child support calculated under California's guideline formula. The obligation is retroactive to the date the petition was filed, not the date of the judgment.
Inheritance rights. The child has the legal right to inherit from both parents under California law, and may be entitled to benefits through either parent, including Social Security survivor or disability benefits, veterans' benefits, and employer-sponsored benefits.
Birth certificate. A judgment of parentage, or a properly filed VDOP, enables the non-signing parent's name to be added to the child's birth certificate.
Presumed Parentage: When the Law Presumes Someone Is a Parent
California law recognizes the concept of presumed parentage in several circumstances beyond biological connection. A person is presumed to be a child's parent under Family Code § 7611 if they:
Were married to the child's mother when the child was born or within 300 days before the birth
Attempted to marry the child's mother before the child's birth in a marriage that was invalid
Married the child's mother after the birth and agreed to be named on the birth certificate or agreed to support the child
Received the child into their home and openly held the child out as their own
Presumed parentage can be rebutted by genetic testing in some circumstances, but the rebuttable period is limited and the rules are complex. Multiple competing presumptions can arise in the same case, requiring the court to determine which presumption controls based on the weightier policy considerations.
Frequently Asked Questions
Does the father have any rights before parentage is established? No. Until parentage is legally established, a biological father has no enforceable custody or visitation rights in California. Establishing parentage is the prerequisite to asserting any parental rights through the courts.
Can a mother refuse to allow paternity testing? A court can order genetic testing over a parent's objection. Refusal to comply with a court-ordered test can result in an adverse inference against the refusing parent and may lead to a default judgment of parentage.
What if someone other than the biological father signed the VDOP? This situation, sometimes called paternity fraud, can be addressed through a court proceeding to rescind or set aside the VDOP based on fraud or material mistake of fact. The timeframes for challenging a VDOP are strict and depend on when the error is discovered.
Can parentage be established for same-sex couples in California? Yes. California law recognizes parentage for same-sex couples through the same legal mechanisms available to opposite-sex couples, including the VDOP, court petition, and presumed parentage based on marriage or domestic partnership.
Is a parentage judgment from another state enforceable in California? Yes. Under the Uniform Parentage Act and full faith and credit principles, a parentage judgment from another state is generally enforceable in California, though registration with a California court may be required.
Speak With a California Family Law Attorney
Establishing parentage is the legal foundation for everything that follows in an unmarried parent's relationship with their child, from custody and visitation to support and inheritance. Whether you are seeking to establish your own parental rights, disputing a parentage claim, or navigating a complex situation involving presumed parentage or a VDOP, experienced legal guidance makes a significant difference in the outcome. The Geller Firm represents clients across California in parentage proceedings, custody disputes, and child support matters involving unmarried parents.
We offer confidential virtual and in-person consultations from our Walnut Creek office.
Call (415) 840-0570 or contact us online to schedule your consultation.