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California State Paternity Laws

posted by DNA Identifiers @ 4:08 PM
Monday, July 27, 2009

california

The below information is a general guide to California State Paternity Laws. Please conduct further research on your state laws for current or updated information or contact a family attorney for professional legal advice. For information on state collection locations, click here.

Link: State of California – Establish/Disestablish Paternity/Vital Records/Other State Information

Link: California Court’s Self Help Center

Link: California Establishing Paternity Brochure

Link: California Paternity – FAQ’s

Required Probability of Paternity for California Courts: 99%

Required Paternity Index: prior probability of 0.50, as calculated by using the combined paternity index obtained in the testing

Current California Paternity Law: Bill Number AB 2380 Chapters 2 and 3

CHAPTER 2. PARENT-CHILD RELATIONSHIP

7621. (a) The mother-child relationship is established between a woman and a child by any of the following:

(1) The woman’s having given birth to the child.

(2) An adjudication of the woman’s maternity.

(3) Adoption of the child by the woman.
(b) The father-child relationship is established between a man and a child by any of the following:
(1) An unrebutted presumption of the man’s paternity of the child under Section 7624.
(2) An effective acknowledgment of paternity by the man under Chapter 3 (commencing with Section 7631), unless the acknowledgment has been rescinded or successfully challenged.
(3) An adjudication of the man’s paternity.

(4) Adoption of the child by the man.

(5) The man’s having consented to assisted reproduction by a woman under Chapter 7 (commencing with Section 7671) which resulted in the birth of the child.

7622. A child born to parents who are not married to each other has the same rights under the law as a child born to parents who are married to each other.

7623. Unless parental rights are terminated, a parent-child relationship established under this part applies for all purposes, except as otherwise specifically provided by other law of this state.

7624. (a) A man is presumed to be the father of a child if any of the following apply:
(1) He and the mother of the child are married to each other and the child is born during the marriage.

(2) He and the mother of the child were married to each other and the child is born within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce, or after a decree of separation.

(3) Before the birth of the child, he and the mother of the child married each other in apparent compliance with law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or within 300 days after its
termination by death, annulment, declaration of invalidity, or divorce, or after a decree of separation.

(4) After the birth of the child, he and the mother of the child married each other in apparent compliance with law, whether or not the marriage is or could be declared invalid, and he voluntarily asserted his paternity of the child and one of the following applies:

(A) The assertion is in a record filed with a state agency maintaining birth records.
(B) He agreed to be and is named as the child’s father on the child’s birth certificate.
(C) He promised in a record to support the child as his own.

(5) For the first two years of the child’s life, he resided in the same household with the child and openly held out the child as his own.
(b) A presumption of paternity established under this section may be rebutted only by an adjudication under Chapter 6 (commencing with Section 7661).

CHAPTER 3. VOLUNTARY ACKNOWLEDGMENT OF PATERNITY

7631. The mother of a child and a man claiming to be the genetic father of the child may sign an acknowledgment of paternity with intent to establish the man’s paternity.

7632. (a) An acknowledgment of paternity shall include all of the following:
(1) Be in a record.
(2) Be signed, or otherwise authenticated, under penalty of perjury by the mother and by the man seeking to establish his paternity.
(3) State that the child whose paternity is being acknowledged:
(A) Does not have a presumed father, or has a presumed father whose full name is stated; and
(B) Does not have another acknowledged or adjudicated father.
(4) State whether there has been genetic testing and, if so, that the acknowledging man’s claim of paternity is consistent with the results of the testing.
(5) State that the signatories understand that the acknowledgment is the equivalent of a judicial adjudication of paternity of the child and that a challenge to the acknowledgment is permitted only under limited circumstances and is barred after two years.
(b) An acknowledgment of paternity is void if it does any of the following:
(1) States that another man is a presumed father, unless a denial of paternity signed or otherwise authenticated by the presumed father is filed with the agency maintaining birth records.
(2) States that another man is an acknowledged or adjudicated father.
(3) Falsely denies the existence of a presumed, acknowledged, or adjudicated father of the child.
(c) A presumed father may sign or otherwise authenticate an acknowledgment of paternity.

7633. A presumed father may sign a denial of his paternity. The denial is valid only if all of the following apply:
(a) An acknowledgment of paternity signed, or otherwise authenticated, by another man is filed pursuant to Section 7635.
(b) The denial is in a record, and is signed, or otherwise authenticated, under penalty of perjury.
(c) The presumed father has not previously either:
(1) Acknowledged his paternity, unless the previous acknowledgment has been rescinded pursuant to Section 7637 or successfully challenged pursuant to Section 7638.
(2) Been adjudicated to be the father of the child.

7634. (a) An acknowledgment of paternity and a denial of paternity may be contained in a single document or may be signed in counterparts, and may be filed separately or simultaneously. If the acknowledgement and denial are both necessary, neither is valid until both are filed.
(b) An acknowledgment of paternity or a denial of paternity may be signed before the birth of the child.
(c) Subject to subdivision (a), an acknowledgment of paternity or denial of paternity takes effect on the birth of the child or the filing of the document with the Department of Child Support Services, whichever occurs later.
(d) An acknowledgment of paternity or denial of paternity signed by a minor is valid if it is otherwise in compliance with this part.

7635. (a) Except as otherwise provided in Sections 7637 and 7638, a valid acknowledgment of paternity filed with the Department of Child Support Services is equivalent to an adjudication of paternity of a child and confers upon the acknowledged father all of the rights and duties of a parent.
(b) Except as otherwise provided in Sections 7637 and 7638, a valid denial of paternity by a presumed father filed with the Department of Child Support Services in conjunction with a valid acknowledgment of paternity is equivalent to an adjudication of the
nonpaternity of the presumed father and discharges the presumed father from all rights and duties of a parent.

7636. The Department of Child Support Services shall charge a fee for filing an acknowledgment of paternity or denial of paternity to cover the costs of maintaining the registry.

7637. A signatory may rescind an acknowledgment of paternity or denial of paternity by commencing a proceeding to rescind before the earlier of:
(a) Sixty days after the effective date of the acknowledgment or denial, as provided in Section 7634.
(b) The date of the first hearing, in a proceeding to which the signatory is a party, before a court to adjudicate an issue relating to the child, including a proceeding that establishes support.

7638. (a) After the period for rescission under Section 7637 has expired, a signatory of an acknowledgment of paternity or denial of paternity may commence a proceeding to challenge the acknowledgment or denial only:
(1) On the basis of fraud, duress, or material mistake of fact; and
(2) Within two years after the acknowledgment or denial is filed with the Department of Child Support Services.
(b) A party challenging an acknowledgment of paternity or denial of paternity has the burden of proof.

7639. (a) Every signatory to an acknowledgment of paternity and any related denial of paternity shall be made a party to a proceeding to rescind or challenge the acknowledgment or denial.
(b) For the purpose of rescission of, or challenge to, an acknowledgment of paternity or denial of paternity, a signatory submits to personal jurisdiction of this state by signing the acknowledgment or denial, effective upon the filing of the document with the agency maintaining birth records.
(c) Except for good cause shown, during the pendency of a proceeding to rescind or challenge an acknowledgment of paternity or denial of paternity, the court may not suspend the legal responsibilities of a signatory arising from the acknowledgment,
including the duty to pay child support.
(d) A proceeding to rescind or to challenge an acknowledgment of paternity or denial of paternity shall be conducted in the same manner as a proceeding to adjudicate parentage under Chapter 6 (commencing with Section 7661).
(e) At the conclusion of a proceeding to rescind or challenge an acknowledgment of paternity or denial of paternity, the court shall order the agency maintaining birth records to amend the birth record of the child, if appropriate.

7639.10. A court or administrative agency conducting a judicial or administrative proceeding is not required or permitted to ratify an unchallenged acknowledgment of paternity.

7639.11. A court of this state shall give full faith and credit to an acknowledgment of paternity or denial of paternity effective in another state if the acknowledgment or denial has been signed and is otherwise in compliance with the law of the other state.

7639.12. (a) To facilitate compliance with this chapter, the Department of Child Support Services shall prescribe forms for the acknowledgment of paternity and the denial of paternity.
(b) A valid acknowledgment of paternity or denial of paternity is not affected by a later modification of the prescribed form.
7639.13. The Department of Child Support Services may release information relating to the acknowledgment of paternity or denial of paternity to a signatory of the acknowledgment or denial and to courts and appropriate state or federal agencies of this or another state.

7639.14. The Department of Child Support Services may adopt rules to implement this chapter.

Link: California Codes and laws

This information is a general guide. Research your state laws for current information or contact a family attorney.

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One Response to “California State Paternity Laws”

  1. pharmacy technician work says:

    nice post. thanks.

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