When your child is born outside marriage, California may not automatically recognize both of you as legal parents. Establishing parentage gives your child protections and helps clarify each parent’s rights and responsibilities. It can also affect custody, parenting time, financial support, insurance and inheritance.
Signing a voluntary declaration
If both of you agree, you may be able to sign a Voluntary Declaration of Parentage, or VDOP. Many people sign this form at the hospital after a child is born, but you can also complete it later through authorized government agencies or a local child support office.
Once filed with the state, a VDOP has the same effect as a final court order that establishes legal parentage. Because of this, you should not sign it if you are unsure whether you or the other person is the child’s parent. If a parent changes their mind, they generally have 60 days to cancel the VDOP. After that, they need a court order to set it aside. Signing the form may also affect your right to ask for genetic testing or have a judge decide parentage later.
Asking the court to decide parentage
If you and the other parent do not agree, you may need to ask the court to decide recognition. This usually starts by filing a Petition to Determine Parental Relationship, Form FL-200. Through this case, the judge can decide who should be formally recognized as a parent.
The court may consider genetic testing if biological parentage is in question, but DNA is not always the only factor. California also recognizes that parentage is not always based on biology. In some cases, the state may name a person as a legal parent if they intended to parent a child conceived through assisted reproduction. Same-sex parents and parents who used assisted reproduction may need this type of review, depending on their circumstances.
Once the court confirms legal recognition, it can make orders for child custody, parenting time and child support. This can matter when one parent wants a formal schedule, needs support for the child or wants official recognition of their role.
Understanding your next step
If you are unsure whether to sign a VDOP or start a court case, legal guidance can help you understand your options before you move forward.