CALIFORNIA FAMILY LAW
...Custody and Visitation
......Paternity/Surrogacy Issues
.........Genetic Testing
 9 Cards On This Topic:
  • Court may order genetic testing to determine paternity.
  • Blood / genetic testing may overcome presumption of paternity in limited cases.
  • Voluntary declaration of paternity may be set aside after blood / genetic testing unless denial of set aside is in best interest of child after consideration of pertinent factors.
  • At dependency hearing to determine presumed parentage, where the court has identified a presumed F based on marital status and conduct, the issue of biology is not relevant and the presumed F is not entitled to a genetic test.
  • Trial ct. erred prejudicially in finding W's petition to establish ex-lover's parental relationship with C was untimely and in not entertaining her request for genetic testing.
  • Trial court erred in ordering genetic testing in paternity action when RPI had no standing as a presumed father except a voluntary declaration of paternity executed and rescinded by a married woman—declaration void and had no effect.
  • F's court action after tests disproved paternity barred by res judicata where he stipulated to paternity judgment 6 yrs earlier, without coercion, and in full knowledge of rights.
  • Court abused discretion in ordering blood testing of mother and child prior to vacating of paternity judgment.
  • Parent may not use motion to modify child support to reopen issue of paternity once final judgment of paternity has been rendered.


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