Quick Answer
A paternity case in California establishes the legal relationship between a parent and a child when the parents are not married. California allows establishment of parentage through several methods. The simplest is a Voluntary Declaration of Parentage (VDOP) signed at the hospital or later under California Family Code section 7570 and following. When voluntary declaration is not possible, parties file a Petition to Establish Parental Relationship using Form FL-260. The court may order DNA testing under California Family Code section 7551. California Family Code section 7611 also recognizes presumed parents through marriage, holding out, or other means. Once paternity is established, the court can issue orders for custody, visitation, and child support. Disestablishing paternity is also possible in limited circumstances under California Family Code sections 7575 and 7646. The California Department of Child Support Services provides free assistance with paternity establishment when child support is sought.Table of Contents
What Paternity Means Legally
Paternity is the legal relationship between a father and child. Today the term parentage is often used to encompass both maternal and paternal relationships, recognizing that legal parentage applies to all parents regardless of gender. The legal parent has rights and responsibilities including custody, visitation, decision making, support obligations, and inheritance rights.
When parents are married, paternity is automatically presumed under California Family Code section 7540. The husband of the mother is presumed to be the father of any child born during the marriage. This presumption can be challenged in limited circumstances under California Family Code section 7541, but it provides a strong starting point for married couples.
When parents are not married, paternity is not automatic. Even when the biological connection is clear, legal paternity must be established through specific procedures. Without legal paternity, the biological father has no legal rights or responsibilities and the child has no legal claim against the biological father.
Why Establish Paternity
Establishing paternity provides significant benefits to children, mothers, and fathers. A board-certified family law specialist can help establish paternity through the appropriate method for your situation.
Benefits to Children
- Legal relationship with both parents
- Access to medical history from both sides of the family
- Right to financial support from both parents
- Right to inherit from both parents
- Access to health insurance through either parent
- Eligibility for Social Security and veteran benefits
- Citizenship benefits in some circumstances
- Knowledge of identity and origins
Benefits to Mothers
- Right to seek child support
- Shared responsibility for parenting decisions
- Co parent involvement in raising the child
- Health insurance options through the father
Benefits to Fathers
- Legal right to custody and visitation
- Right to make parental decisions
- Right to be involved in the child’s education and healthcare
- Right to claim the child for tax purposes (with custody)
- Standing to defend against actions by the mother
Three Ways to Establish Parentage
California recognizes three primary methods of establishing parentage when parents are not married:
| Method | How It Works | Best For |
| Voluntary Declaration of Parentage (VDOP) | Both parents sign at hospital or later | Cooperative unmarried parents |
| Presumed Parent Status | Establishes through marriage, holding out, or other means | Long term relationships, blended families |
| Court Ordered (FL-260) | Court hearing with DNA testing if needed | Disputed paternity or one parent unwilling |
Voluntary Declaration of Parentage
The Voluntary Declaration of Parentage (VDOP) is the simplest and most common method of establishing parentage when parents are not married. California Family Code section 7570 and following govern the VDOP process.
How VDOP Works
Both parents sign a Voluntary Declaration of Parentage form. The signed form is then filed with the California Department of Child Support Services. Once filed, the VDOP has the same legal effect as a court judgment establishing parentage.
When VDOP Can Be Signed
VDOPs are most commonly signed at the hospital shortly after birth, before either parent leaves with the child. The hospital provides the form and assists with completion. VDOPs can also be signed later through:
- The local registrar of vital statistics
- The California Department of Child Support Services
- Family law facilitators
- County child welfare agencies
Rescinding a VDOP
California Family Code section 7575 allows either parent to rescind a VDOP within 60 days of signing or before a court proceeding establishing parentage, whichever is earlier. After this period, the VDOP can only be challenged on limited grounds including fraud, duress, or material mistake of fact.
Presumed Parent Status
California Family Code section 7611 creates several presumptions of parentage in addition to marriage. These presumed parent provisions can establish parentage even without biological connection.
Marriage Based Presumption
Under California Family Code section 7611(a), a person is presumed to be the parent of a child if the person was married to the child’s natural mother at the time of conception or birth. This is the standard presumption for married couples.
Attempted Marriage Presumption
Under California Family Code section 7611(b), a person is presumed to be a parent if they attempted to marry the natural mother in a marriage that was later determined to be invalid, but the child was born or conceived before the invalidity.
Holding Out Presumption
California Family Code section 7611(d) provides one of the most flexible presumptions. A person is presumed to be the parent of a child if they receive the child into their home and openly hold out the child as their natural child.
The holding out presumption can apply to:
- Stepparents who have functioned as parents
- Same sex partners of biological parents
- Long term romantic partners who raised the child
- Adults who took in the child of a family member
- Others who have functioned as parents over time
Rebutting Presumptions
Most presumptions of parentage can be rebutted by showing clear and convincing evidence to the contrary. California Family Code section 7612 provides that conflicting presumptions are resolved by the court based on the weightier considerations of policy and logic.
Court Ordered Paternity Action
When voluntary declaration is not possible or appropriate, a court ordered paternity action is the next step. Either parent can file a Petition to Establish Parental Relationship using Form FL-260.
Who Can File
California Family Code section 7630 lists who has standing to file a paternity action:
- Either parent
- A man who claims to be the father
- The child
- The Department of Child Support Services if public assistance has been provided
- An adoption agency or other authorized agency
- A personal representative if the alleged parent is deceased
Time Limits
Generally, a paternity action can be filed at any time before the child reaches age 18. Some specific time limits apply:
- Actions to challenge a VDOP have a 60 day window or pre court proceeding window
- Actions involving presumed parent marital presumption have specific limits under California Family Code section 7541
- Some actions to disestablish paternity have shorter time limits
DNA Testing in Paternity Cases
California Family Code section 7551 allows the court to order genetic testing in paternity cases. DNA testing is now standard practice when paternity is disputed. The technology is highly accurate, with results typically exceeding 99 percent probability.
When DNA Testing Is Required
The court can order genetic testing of:
- The mother
- The child
- The alleged father
Either party can request testing, and the court typically orders it unless there is good cause not to. Refusing court ordered testing can result in default judgment of paternity under California Family Code section 7551(b).
Cost of Testing
DNA testing in paternity cases typically costs $300 to $600. The court can apportion the cost between the parties. The Department of Child Support Services can provide testing free of charge in cases they are involved in.
Reliability of Results
Modern DNA testing produces highly reliable results. Tests showing 99 percent or higher probability of parentage are essentially conclusive. Tests showing 0 percent probability are also conclusive. The rare ambiguous results may require additional testing.
Filing a Paternity Petition
The process for filing a paternity action in California:
- Complete Form FL-260 (Petition to Establish Parental Relationship)
- Complete additional required forms based on requested orders
- File at the family court in the county where the child lives
- Pay the filing fee ($435 in 2026) or submit a fee waiver
- Serve the other party with the petition and summons
- Request DNA testing if needed through a Request for Order
- Attend court hearings
- Receive the court’s parentage judgment
- File the judgment with the Vital Records office to update the birth certificate
After Paternity Is Established
Once paternity is established through any method, several legal consequences follow:
Birth Certificate
The father can be added to the birth certificate. If the original birth certificate did not list a father, a new certificate is issued with the father’s name. The child can be given the father’s last name if requested as part of the paternity action.
Child Support
Either parent can pursue child support under California’s guideline formula in California Family Code section 4055. The Department of Child Support Services provides free establishment and enforcement services.
Custody and Visitation
Both parents now have standing to seek custody and visitation orders under the best interest of the child standard in California Family Code section 3011. The same custody and visitation considerations apply as for married parents.
Other Rights and Responsibilities
- Access to school and medical records
- Right to make medical and educational decisions
- Right to claim the child for tax purposes (with custody)
- Eligibility for health insurance and other benefits
- Inheritance rights
Disestablishing Paternity
Disestablishing paternity (proving someone is not a parent) is more difficult than establishing it. The law generally prefers to maintain established parent child relationships.
Grounds for Disestablishment
Common grounds for disestablishing paternity include:
- Fraud in establishing paternity (mother knew another man was the father)
- Mistake of fact
- DNA evidence definitively excluding the presumed father
- Failure of the underlying procedural requirements
Time Limits
California Family Code section 7646 provides time limits for setting aside paternity judgments. The action must generally be filed within 2 years of when the moving party knew or should have known the facts supporting the action. After this time, the paternity establishment is generally final.
Best Interest Consideration
Even when there are grounds, the court considers whether disestablishment is in the child’s best interest. Courts weigh the child’s relationship with the established parent against the importance of biological accuracy. Long established relationships are particularly difficult to undo.
Same Sex Parent Parentage
California Family Code section 7613 specifically addresses parentage in assisted reproduction cases. When a person undergoes assisted reproduction with the consent of their spouse or registered domestic partner, the spouse or partner is the legal parent of the resulting child. This is particularly important for same sex couples using donor gametes.
Additional protections for same sex parents include:
- Both parents can be listed on the original birth certificate
- Adoption (including second parent adoption) provides additional protection
- Domestic partnership creates same parental presumptions as marriage
- Holding out under California Family Code section 7611(d) can establish parentage
Frequently Asked Questions
Q: How is paternity established in California?
A: California recognizes three primary methods of establishing parentage when parents are not married. First, a Voluntary Declaration of Parentage (VDOP) signed by both parents at the hospital or later under California Family Code section 7570 and following. Second, presumed parent status through marriage, holding out, or other means under California Family Code section 7611. Third, a court ordered paternity action through filing Form FL-260 (Petition to Establish Parental Relationship), which may include DNA testing. For married couples, paternity is automatically presumed under California Family Code section 7540.
Q: How accurate is a paternity DNA test?
A: Modern paternity DNA tests are highly accurate. Results showing 99 percent or higher probability of paternity are considered essentially conclusive. Results showing 0 percent probability are also conclusive. The technology compares specific genetic markers between the alleged father and child. Court approved labs follow strict protocols including chain of custody procedures. The reliability is so high that ambiguous results are rare. California Family Code section 7551 allows the court to order DNA testing, and refusing court ordered testing can result in default judgment of paternity.
Q: Can I refuse a court ordered paternity test?
A: You can refuse, but the consequences are severe. California Family Code section 7551(b) allows the court to enter default judgment of paternity against a party who refuses court ordered testing. Refusing a test essentially admits paternity for legal purposes. There is generally no good reason to refuse testing because if you are actually the father, you would want clarity, and if you are not, the test will definitively exclude you. The Department of Child Support Services provides free testing in cases they are involved in.
Q: Can I be added to my child’s birth certificate later?
A: Yes. After paternity is established through any method, the father can be added to the birth certificate. Through a Voluntary Declaration of Parentage, the father’s name can be added through a relatively simple process at Vital Records. Through court ordered paternity, the judgment is filed with Vital Records and a new birth certificate is issued. The child can also be given the father’s last name as part of the paternity establishment if requested. The new birth certificate replaces the original.
Q: What if the mother doesn’t want me to be involved with our child?
A: If you are the biological father, you have legal rights regardless of the mother’s wishes. You can file a Petition to Establish Parental Relationship using Form FL-260 to establish paternity. Once paternity is established, you can pursue custody and visitation under California Family Code section 3011 best interest standard. The mother cannot legally exclude you from the child’s life if you are the established parent. However, the court will consider all relevant factors including whether you have had prior involvement with the child.
Q: How long does a paternity case take in California?
A: Voluntary Declarations of Parentage are immediate. Once both parents sign and file the form, parentage is established. Court ordered paternity actions typically take 6 to 12 months from filing to final judgment. DNA testing typically takes 4 to 8 weeks. Contested paternity cases involving disputes about test results, time limits, or related issues can take 12 to 24 months. Cases involving the Department of Child Support Services may follow a different timeline based on the agency’s procedures. Working with an attorney can streamline the process.
Q: Can paternity be disestablished after years?
A: It is difficult but possible in limited circumstances. California Family Code section 7646 generally requires action within 2 years of when the moving party knew or should have known the facts supporting disestablishment. Common grounds include fraud, mistake, or DNA evidence definitively excluding the established father. Even when grounds exist, the court considers whether disestablishment is in the child’s best interest. Long established parent child relationships are particularly difficult to undo. Acting promptly when grounds first become apparent improves the chances of success.
Q: Can same sex parents establish parentage for a child?
A: Yes. California Family Code section 7613 protects a spouse or registered domestic partner who consents to their partner’s assisted reproduction. They are the legal parent of any resulting child. California Family Code section 7611(d) also creates a presumption of parentage for any person who receives a child into their home and openly holds the child out as their natural child. This applies regardless of biological connection. For maximum protection, second parent adoption is also available, which creates legal parentage that is recognized everywhere under the Full Faith and Credit Clause.
Bottom Line
Paternity cases in California establish the legal relationship between a parent and child when the parents are not married. California offers three primary methods: Voluntary Declarations of Parentage at the hospital or later, presumed parent status through marriage or holding out under California Family Code section 7611, and court ordered paternity actions through Form FL-260. DNA testing under California Family Code section 7551 provides definitive results in disputed cases. Once parentage is established, both parents have rights to custody and visitation, and either parent can seek child support. Disestablishing paternity is more difficult and requires action within time limits. The California Department of Child Support Services at (866) 901-3212 provides free assistance with paternity establishment.
If you need to establish or challenge paternity, a free consultation with a board-certified family law specialist can help you understand the best path forward for your situation.
About the Author
Donald Glen Haslam, Esq. is a Board-Certified Family Law Specialist by the California State Bar Board of Legal Specialization and a senior partner at Haslam & Thorne, LLP in Ontario, California. He has practiced family law exclusively for over 40 years, representing families throughout San Bernardino County and the Inland Empire. Reviewed by Brian George Thorne, Esq., Board-Certified Family Law Specialist.
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Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Paternity law involves specific procedures and time limits. For advice specific to your situation, consult with a licensed family law attorney. Reading this article does not create an attorney-client relationship with Haslam & Thorne, LLP.