When a child is born to unmarried parents in California, paternity in California must be legally established before a father‘s rights and responsibilities can be enforced. As determined by the California Supreme Court in Michael H. v. Gerald D., 491 U.S. 110 (1989), legal paternity establishment is the foundation for a father’s right to seek custody, visitation, and parental decision-making authority. It also establishes a child’s right to financial support, inheritance, and access to family medical history.
If you’re an unmarried father seeking a relationship with your child, or a mother wanting to establish legal paternity, California law provides several pathways to establish parentage, each with specific legal requirements and consequences that will affect your family for years to come.
This comprehensive guide explains your rights, options for establishing paternity, and the legal process involved in California paternity cases in 2025.
Under California Family Code § 7570, establishing paternity is critical for both parents and children. The law recognizes that:
“There is a compelling state interest in establishing paternity for all children. Establishing paternity is the first step toward a child support award, which, in turn, provides children with equal rights and access to benefits.”
In California, “paternity” (also called “parentage”) refers to the legal recognition of a father-child relationship. When established, it creates rights and responsibilities that are enforceable by law, including:
California Family Code § 7611 creates several “presumptions of paternity” that automatically establish legal fatherhood in certain circumstances:
As established in In re Jesusa V., 32 Cal.4th 588 (2004), these presumptions can sometimes conflict, requiring courts to determine which presumption serves the child’s best interests.
California law provides three primary methods to establish paternity:
The simplest method is for both parents to sign a Voluntary Declaration of Parentage (VDOP) form (CS-909). Under Family Code § 7573, this document has the same legal effect as a court order establishing paternity when properly completed and filed with the California Department of Child Support Services.
When and where to sign: The VDOP is typically offered at the hospital when the child is born, but can also be signed later at:
Legal effect: Once signed and filed, the VDOP:
**Attorney Note: The VDOP has serious long-term legal consequences. Once 60 days have passed, it can only be challenged under limited circumstances such as fraud, duress, or material mistake of fact. Consult with an attorney before signing if you have any doubts about paternity.
If a mother receives public assistance or applies for child support services, the local child support agency may initiate a paternity establishment process. Under Family Code § 7635, this process includes:
As established in County of El Dorado v. Misura, 33 Cal.App.4th 73 (1995), the child support agency acts on behalf of the child, not the mother, in these proceedings.
Either parent can file a “Petition to Establish Parental Relationship” (Form FL-200) with the family court. This judicial process is necessary when:
The court can order genetic testing and will issue a judgment establishing paternity, along with orders for custody, visitation, and child support when appropriate.
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If you’re filing a paternity case in court, here’s the step-by-step process:
You’ll need to complete and file the following forms with the court clerk:
Filing fees: The filing fee in Riverside County is approximately $435 as of 2025, but fee waivers are available for those who qualify using Form FW-001.
The other parent must be personally served with copies of your filed documents along with a blank Response form (Form FL-220). Service must be performed by someone 18 or older who is not involved in the case.
The server must complete a Proof of Service (Form FL-115) which you then file with the court.
The other parent has 30 days to file a Response. If they fail to respond, you can request a default judgment by filing:
If paternity is disputed, either parent can request genetic testing. Under Family Code § 7551, the court can order genetic testing in any case where paternity is at issue.
Modern genetic testing typically involves a simple cheek swab and is over 99.9% accurate in determining biological fatherhood. In Riverside County Family Court, the test costs approximately $100-150 per person.
**Attorney Note: While genetic testing results create a rebuttable presumption of paternity under Family Code § 7555 when showing a 99% or greater probability, courts can still consider other factors in rare cases.
The court will schedule a hearing to review evidence and testimony. Based on In re Raphael P., 97 Cal.App.4th 716 (2002), judges consider:
The court will issue a Judgment of Paternity (Form FL-250) that legally establishes the father-child relationship. This judgment may include orders regarding:
DNA testing has revolutionized paternity determination. As noted in Dawn D. v. Superior Court, 17 Cal.4th 932 (1998), genetic testing provides scientific evidence that courts heavily rely upon.
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Under Family Code § 7555, a DNA test showing a 99% or greater probability of paternity creates a rebuttable presumption that the man is the biological father. This means the court will presume paternity unless compelling evidence suggests otherwise.
**Attorney Note: While DNA results are highly persuasive, in rare cases involving competing presumptions of paternity, courts may consider other factors, as seen in Adoption of Kelsey S., 1 Cal.4th 816 (1992), where the California Supreme Court protected the rights of unwed fathers who demonstrate full commitment to parental responsibilities.
Once paternity is legally established, both parents gain specific rights and responsibilities:
The California Supreme Court in In re L.L., 8 Cal.5th 1118 (2020), reinforced that legally established fathers have equal standing to seek custody, subject to the child’s best interests.
Yes. Under California Family Code § 7611, a man can be presumed to be a child’s father without genetic testing if he meets certain criteria, such as being married to the mother when the child was born or taking the child into his home and openly holding the child out as his own. In In re Nicholas H., 28 Cal.4th 56 (2002), the California Supreme Court upheld a presumption of paternity even when the presumed father admitted he was not the biological father, because it served the child’s best interests.
You must file a motion to set aside the VDOP within 60 days of signing on grounds of fraud, duress, or material mistake of fact. After 60 days, the process becomes more difficult, requiring you to file a motion under Family Code § 7575 within two years of the child’s birth. You must prove by clear and convincing evidence that genetic tests show you are not the biological father. Courts apply a strict standard, as seen in In re William K., 161 Cal.App.4th 1 (2008), where a man’s late challenge to a VDOP was rejected even with DNA evidence.
A mother cannot legally prevent a biological father from establishing paternity. Under Family Code § 7630, a man claiming to be a child’s father has standing to bring a paternity action. However, as established in Adoption of Michael H., 10 Cal.4th 1043 (1995), if the mother is married to another man, the presumption favoring the husband can be difficult to overcome without the mother’s cooperation.
No. Establishing paternity only creates the legal father-child relationship, giving the father standing to request custody or visitation. The court will make custody decisions based on the child’s best interests under Family Code § 3040, considering factors such as the child’s age, health, emotional ties to each parent, and each parent’s ability to care for the child. As noted in Montenegro v. Diaz, 26 Cal.4th 249 (2001), California courts prioritize stability and continuity in the child’s life when making custody determinations.
Yes, posthumous paternity actions are possible under limited circumstances. In Estate of Griswold, 25 Cal.4th 904 (2001), the California Supreme Court allowed a paternity determination after death for inheritance purposes. However, Probate Code § 6453 and Family Code § 7630 set specific requirements, including clear and convincing evidence of a parent-child relationship or genetic testing conducted during the father’s lifetime.
Yes. Since 2014, Family Code § 7612(c) allows courts to recognize more than two legal parents if finding otherwise would be detrimental to the child. This law was a response to the case of In re M.C., 195 Cal.App.4th 197 (2011), where a child had three potential parents but the court could only recognize two, potentially harming the child’s interests. This situation might arise in cases involving same-sex couples and a known sperm donor, or in cases where a child has both biological parents and a long-term stepparent.
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California has adapted its paternity laws to accommodate same-sex couples. Family Code § 7611 was expanded to include gender-neutral interpretations:
The California Supreme Court clarified these principles in Elisa B. v. Superior Court, 37 Cal.4th 108 (2005), holding that a woman can be a presumed parent of her partner’s biological child.
Recent changes to California paternity law include:
Navigating paternity cases involves complex legal and emotional considerations. A qualified family law attorney can:
**Attorney Note: Riverside County has specific local court rules (particularly Local Rule 5155) regarding paternity cases that can affect filing procedures and required forms. Local knowledge can significantly streamline the process.
Establishing paternity is a foundational step that determines a father’s legal rights and responsibilities toward his child. California law provides several pathways to establish paternity, each with specific advantages and limitations.
Whether you’re a father seeking to establish your parental rights, a mother wanting to ensure your child receives support, or a presumed father contesting paternity, understanding the legal process is essential for protecting your interests and the well-being of the child involved.
If you need guidance navigating the paternity establishment process in Riverside County, contact Family Law Matters at 951-972-8287. Our experienced family law attorneys can help ensure your paternity case proceeds smoothly while protecting your rights and your child’s best interests.
This article is provided for informational purposes only and does not constitute legal advice. The laws regarding paternity establishment in California are complex and subject to change. For guidance on your specific situation, please consult with a qualified family law attorney. Contact Family Law Matters at 951-972-8287 to schedule a consultation.
Read more here: Paternity in California
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