(6) A statement by the father that he has read and understands the written materials described in Section 7572, that he understands that by signing the voluntary declaration of paternity he is waiving his rights as described in the written materials, that he is the biological father of the child, and that he consents to the establishment of paternity by signing the voluntary declaration of paternity. Myriad daytime television talk shows have made great drama out of … The court will not automatically order DNA testing to establish paternity just because an action has been filed. The Role of the Local Child Support Agency (LCSA) When people who are not married can't agree about parentage, the court can order genetic testing. The Child Support Department has several ways to establish paternity. To do this, the mother, the man believed to be the father, and; the child(ren) If you need to dispute the paternity of your child, ask the courts to order a paternity test. (2) For the purpose of declaring the nonexistence of the father and child relationship presumed under subdivision (a), (b), or (c) of Section 7611 only if the action is brought within a reasonable time after obtaining knowledge of relevant facts. The Department of Child Support Services shall make training available to every participating hospital, clinic, local registrar of births and deaths, and other place of birth no later than June 30, 1999. (b) The compensation of the experts shall be paid by the county under order of court. (2) He is obligated to support the child under a written voluntary promise or by court order. The simplest way to establish paternity is to sign a Voluntary Declaration of Paternity. CHAPTER 1. (e) The Department of Child Support Services may adopt regulations, including emergency regulations, necessary to implement this chapter. 7630. This chapter may be cited as the Uniform Act on Blood Tests to Determine Paternity. The form and instructions shall be written in simple, easy to understand language and shall be made available at the local family support office and the office of local registrar of births and deaths: The department shall, upon written request, provide to a court or commissioner a copy of any rescission form filed with the department that is relevant to proceedings before the court or commissioner. The goal of a paternity case is to establish whether a person is or is not a natural parent of a child and, if parentage is established, to determine how the child will be parented and who should help pay for the support of the child. Under some circumstances the court may determine that a man is the legal father of a child even if he is not the biological father. The notice of motion for blood tests shall be made within three years from the date of execution of the declaration by the attesting father, or by the attesting mother, whichever signature is later. If a Voluntary Declaration of Parentage (VDOP), using form CS 909, has been executed (by both parents) and filed with the California Department of Support Services, that declaration establishes the parentage of a child and has the same force and effect as a judgment of parentage by the court. (e) A presumption under this chapter shall override all statutory presumptions of paternity except a presumption arising under Section 7540 or 7555. Establishing parentage is an important part of being a parent that ultimately helps your child. The guardian ad litem need not be represented by counsel if the guardian ad litem is a relative of the child. To protect you from COVID-19, we are offering a quick & easy remote intake process. This subdivision shall remain in effect only until January 1, 1997, and on that date shall become inoperative. Any interested party may bring an action at any time for the purpose of determining the existence or nonexistence of the father and child relationship presumed under subdivision (d) of Section 7611. c. An action to determine the existence of the father and child relationship with respect to a child who has no presumed father under Section 7611 or whose presumed father is deceased may be brought by the child or personal representative of the child, the Department of Child Support Services, the mother or the personal representative or a parent of the mother if the mother has died or is a minor, a man alleged or alleging himself to be the father, or the personal representative or a parent of the alleged father if the alleged father has died or is a minor. The notice of motion for blood or genetic tests pursuant to this section shall be supported by a declaration under oath submitted by the moving party stating the factual basis for placing the issue of paternity before the court. Generally, the Court will order a Pretrial Hearing after service of process. The parental rights of the presumed father shall be determined as set forth in Sections 7820 to 7829, inclusive. A child born to a married couple is considered legitimate in the eyes of the law. Establishing paternity is the first step toward a child support award, which, in turn, provides children with equal rights and access to benefits, including, but not limited to, social security, health insurance, survivors’ benefits, military benefits, and inheritance rights. (2) The name and the signature of the father. 7635. Yes, upon the order of a court in California, or any other state, a new birth certificate will be issued reflecting the father as established in the court order. (3) The consolidated action under paragraph (1) or (2) shall be heard in the court in which the proceeding under Section 7662 or Chapter 2 (commencing with Section 7820) of Part 4 is filed, unless the court finds, by clear and convincing evidence, that transferring the action to the other court poses a substantial hardship to the petitioner. It expresses the relative strength of the test results for and against paternity. §7573: Call Today for a Consultation. The Legislature hereby finds and declares as follows: (a) There is a compelling state interest in establishing paternity for all children. Each county’s genetic testing process is different, so for accurate information, please contact the local child support agency in your county by calling 866-901-3212. In order to receive payment, the Department of Child Support Services and the entity shall enter into a written agreement that specifies the terms and conditions for payment as required by federal law. §7634: Second, through a court-ordered DNA test. The court will not accept genetic tests done at home or in a private medical facility. Where may an action for Paternity be filed in the State of California An action brought under the California Uniform Parentage Act may be brought in the county in which the child resides, the mother resides, or the alleged father resides or is found or, if the father is deceased, in which proceedings for probate of his estate have been or could be commenced. (3) If two or more persons are subject to court-ordered genetic testing, the court may order that the testing be completed concurrently or sequentially. In order to be paid for their services as provided in subdivision (c), publicly funded or licensed health clinics, pediatric offices, Head Start programs, child care centers, social services providers, prisons, and schools shall ensure that the form is witnessed and forwarded to the Department of Child Support Services. Who may bring an action or parentage? 7551. A Court Ordered DNA Test is a product of a disagreement between an alleged father and mother. Click here to learn more. He would then have the same duty to support the minor child as he would a child he fathered where the issue of parentage was not raised. (b) In any civil action or proceeding in which paternity is a relevant fact, and in which the issue of paternity is contested, the local child support agency may issue an administrative order requiring the mother, child, and the alleged father to submit to genetic testing if any of the following conditions exist: (1) The person alleging paternity has signed a statement under penalty of perjury that sets forth facts that establish a reasonable possibility of the requisite sexual conduct between the mother and the alleged father. Contact … The legal paternity test includes one possible father, one child, and one mother. (b) The custody or visitation order would be in the best interest of the child. §7611: Yes, in all contested paternity actions where a presumption of paternity as defined in sections 7611 through 7614 exists, upon motion by a party, the court may order temporary support for the child pending a judicial determination of parentage. (F) The benefit or detriment to the child in establishing the biological parentage of the child. CHAPTER 4. (b) Before the child’s birth, he and the child’s natural mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and either of the following is true: (1) If the attempted marriage could be declared invalid only by a court, the child is born during the attempted marriage, or within 300 days after its termination by death, annulment, declaration of invalidity, or divorce. Regardless of its terms, an agreement between an alleged or presumed father and the mother or child does not bar an action under this chapter. 2) No, its not legal, and the courts wont order it, so tell her to suck it. (c) In any action to rebut the presumption created by this section, a voluntary declaration of paternity shall be admissible as evidence to determine paternity of the child named in the voluntary declaration of paternity. (j) Publicly funded or licensed health clinics, pediatric offices, Head Start programs, child care centers, social services providers, prisons, and schools may offer parents the opportunity to sign a voluntary declaration of paternity. Establishing paternity comes with a variety of rights and obligations. (c) Parents shall also be given oral notice of the rights and responsibilities specified in subdivision (b). ESTABLISHING PARENT AND CHILD RELATIONSHIP. (4) That by signing the voluntary declaration of paternity, the father is voluntarily waiving his constitutional rights. (b) The donor of semen provided to a licensed physician and surgeon for use in artificial insemination of a woman other than the donor’s wife is treated in law as if he were not the natural father of a child thereby conceived. Where Section 7611 does not apply, a man shall not be presumed to be the natural father of a child if either of the following is true: (a) The child was conceived as a result of an act in violation of Section 261 of the Penal Code and the father was convicted of that violation. Then, under California paternity law, the husband is the assumed father of the child. (e) Subdivision (a) does not apply, and blood tests may not be used to challenge paternity, in any of the following cases: (1) A case that reached final judgment of paternity on or before September 30, 1980. A joined party shall not be required to pay a fee in connection with this action. Paternity is determined by the Child Support Program in a Final Order. The Paternity Disestablishment Bill of 2004 A properly signed declaration of parentage or paternity has the same effect as a court order establishing parentage for the child, without anyone having to go to court. The following provisions shall apply for voluntary declarations signed on or before December 31, 1996. The simplest paternity cases are when the couple who has a child is already married. The paternity index, computed using results of various paternity tests following accepted statistical principles, shall be in accordance with the method of expression accepted at the International Conference on Parentage Testing at Airlie House, Virginia, May 1982, sponsored by the American Association of Blood Banks. §7601: The court has the authority to order paternity testing to determine the biological father of a child. The procedure in an action under this part to change the name of a minor or adult child for whom a parent and child relationship is established pursuant to Section 7636, upon application in accordance with Title 8 (commencing with Section 1275) of Part 3 of the Code of Civil Procedure shall conform to those provisions, except that the application for the change of name may be included with the petition filed under this part and except as provided in Sections 1277 and 1278 of the Code of Civil Procedure. This part may be cited as the Uniform Parentage Act. Once the declaration is signed, the form must be filed with the California Department of Child Support Services Parentage Opportunity Program (POP) in order to be effective. (a) If existence of the father and child relationship is declared, or paternity or a duty of support has been acknowledged or adjudicated under this part or under prior law, the obligation of the father may be enforced in the same or other proceedings by any of the following: (3) The public authority that has furnished or may furnish the reasonable expenses of pregnancy, confinement, education, support, or funeral. Under California law, the child’s mother, a man who believes he’s the father of a child, a local child support agency, an adoption agency, or the child him or herself if over the age of 12, can ask the court for an order on paternity. California paternity law authorizes blood tests in cases where parentage is disputed. §7632: However, this law is relatively new, and same-sex parents may need help from an attorney to clearly establish parentage. All remedies for the enforcement of judgments, including imprisonment for contempt, apply. Voluntary Declaration of Paternity/Parentage. In that event, the court shall resolve the issue of whether genetic tests should be ordered as provided in Section 7551. If the court orders genetic testing, it will provide the named parents with the information they need to get the tests done. (b) The notice of motion for blood tests under this section may be filed not later than two years from the child’s date of birth by the husband, or for the purposes of establishing paternity by the presumed father or the child through or by the child’s guardian ad litem. On the basis of the evaluation, an appropriate recommendation for settlement shall be made to the parties, which may include any of the following: (1) That the action be dismissed with or without prejudice; (2) That the matter be compromised by an agreement among the alleged father, the mother, and the child; (3) That the alleged father voluntarily acknowledge his paternity of the child. (4) Genetic testing of a woman who gave birth to a child is not a condition precedent to the testing of the child and a person whose genetic parentage of the child is being determined. By signing the form, both parents acknowledge they are the legal parents of the child. The genetic test results shall be accompanied by a declaration under penalty of perjury of the custodian of records or other qualified employee of the laboratory that conducted the genetic tests, stating in substance each of the following: (1) The declarant is the duly authorized custodian of the records or other qualified employee of the laboratory, and has authority to certify the records. (k) Any agency or organization required to offer parents the opportunity to sign a voluntary declaration of paternity shall also identify parents who are willing to sign, but were unavailable when the child was born. (b) In the best interest of the child or the mother, the court may, and upon the promisor’s request shall, order the promise to be kept in confidence and designate a person or agency to receive and disburse on behalf of the child all amounts paid in performance of the promise. In order to bridge the differences many times, the mother or the alleged father will file with the courts a Paternity Petition.. Below are the people that have the ability to file for Paternity Petition with Family Court. (a) Except as provided in subdivision (d), the child of a woman and a man executing a declaration of paternity under this chapter is conclusively presumed to be the man’s child. (b) A parent who signs a voluntary declaration of paternity when he or she is a minor may rescind the voluntary declaration of paternity at any time up to 60 days after the parent reaches the age of 18 or becomes emancipated whichever first occurs. (1) “Genetic markers” mean separate genes or complexes of genes identified as a result of genetic tests. A court may order pendente lite relief consisting of a custody or visitation order pursuant to Part 2 (commencing with Section 3020) of Division 8, if the court finds both of the following: (a) Based on the tests authorized by Section 7541, a parent and child relationship exists pursuant to Section 7540. It shall be paid as the court shall order. (e) Nothing in this section prohibits any person who has been ordered by the local child support agency to submit to genetic tests pursuant to this section from filing a notice of motion with the court in the action or proceeding in which paternity is a relevant fact seeking relief from the local child support agency’s order to submit to genetic tests. 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