CALIFORNIA FAMILY LAW
...Custody and Visitation
......Paternity/Surrogacy Issues
.........Voluntary Declarations
 13 Cards On This Topic:
  • Voluntary declarations of paternity; Legislative intent.
  • Hospitals required to give unmarried parents voluntary declarations of paternity; other agencies required to assist.
  • Voluntary declaration of paternity pursuant to statute is basis for establishment of order for child custody or support.
  • 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.
  • Written or on the record stipulation of paternity for purposes of ex parte custody restraining order is without prejudice to ultimate determination of paternity.
  • Trial ct. had the authority to set aside VDP where mother lied about D being the only possible father, and blood tests showed he was not; competing paternity presumptions properly resolved in P’s favor.
  • PF's voluntary declaration of paternity trumped H's presumed father status under FC 7611(d) despite inequities; presumed fatherhood based on VDP is not to be weighed against other FC 7611 presumptions.
  • Biological F's voluntary declaration of paternity functioned as a judgment of paternity under FC 7573, trumping ex-boyfriend's rebuttable paternity presumption under FC 7611 (d).
  • If motion to set aside paternity judgment based on voluntary declaration untimely, court may not set aside judgment based on equitable powers absent extrinsic fraud.
  • Order setting aside voluntary declaration reversed where presumed F who signed it not joined in proceedings; unless he asserts position causing change of ruling, court "can and should" enter new order setting aside declaration.
  • County had standing to bring motion to set aside voluntary declaration of paternity.
  • No abuse of discretion in implied finding that mother was sufficiently diligent in filing CCP 473 motion to set aside voluntary declaration of paternity.
  • Where parties make prima facie showing that father executed a voluntary declaration of paternity, they are permitted to rely on EC 664 that official duty was regularly performed; burden shifts to DSS to rebut presumption.


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