Parentage (Paternity)
Establishing legal parentage for unmarried parents — the foundation for custody, visitation, and child support orders.
What you should know
When parents are unmarried, legal parentage must be established before the court can issue custody, visitation, or child support orders. Establishing parentage is the foundational step that protects rights and clarifies responsibilities for both parents.
We represent mothers seeking to establish paternity to obtain a child support order and ensure the father shares parenting responsibilities, and we represent fathers seeking to establish their parental rights, secure recognition on the birth certificate, and obtain a court-ordered custody and visitation schedule.
Three routes
California recognizes multiple ways to establish parentage. The right path depends on the facts.
Voluntary Declaration
When properly executed and filed with the California Department of Child Support Services, a Voluntary Declaration of Parentage has the same legal effect as a court judgment of parentage.
Court Judgment of Parentage
A formal action under the Uniform Parentage Act, available when voluntary declaration isn’t feasible or when parentage is contested.
Presumed Parent (Fam. Code § 7611)
A person may be presumed to be a parent if they receive the child into their home and openly hold the child out as their own — an important route for non-biological parents.
Genetic Testing
Court-ordered DNA testing to confirm or rule out biological parentage when there is dispute.
Multiple-Parent Recognition
California allows recognition of more than two parents if limiting parentage to two would be detrimental to the child — a fact-specific inquiry.
Assisted Reproduction
Special statutory rules govern parentage in cases involving assisted reproduction, surrogacy, and donor agreements.
Benefits of establishing parentage
Beyond custody and support, legal parentage opens access to Social Security benefits, health insurance, survivor benefits, military benefits, and inheritance rights for the child. It also clarifies legal rights for both parents going forward.
Active member of the California State Bar (Bar #244097), admitted 2006. We’re prepared to negotiate and settle when possible, and to represent you confidently in court when needed.
Across the region
Scharf Law, P.C. is based in Folsom and serves families throughout the greater Sacramento region.
Common questions about parentage
What does it mean to establish parentage in California?
Establishing parentage is the legal determination of who a child’s parents are. For unmarried parents it is the foundation for custody, visitation, and child support orders and for the child’s rights to support, inheritance, and benefits. It can be established by a voluntary declaration of parentage, by a court judgment, or by legal presumption.
What is a Voluntary Declaration of Parentage?
A form both parents sign, usually at the hospital after birth, that has the effect of a court judgment of parentage under Family Code Section 7573. It can be signed later at a local child support agency or registrar. Signing it establishes parental rights and responsibilities, so a parent who is unsure should ask about genetic testing first.
Can the court order a DNA test?
Yes. In a parentage case the court can order genetic testing of the child and the alleged parent, and a refusal can be held against the party who refuses. Testing is not required when parentage is already established by marriage, a signed declaration, or a presumption the court finds applies.
Who is a "presumed parent"?
Family Code Section 7611 presumes that a person is a child’s parent in several situations, including being married to the birth parent when the child was born or received the child into their home and openly held the child out as their own. A presumed parent has standing to seek custody even without a biological connection.
How long does a parentage case take?
An uncontested case with a signed declaration or agreed judgment can conclude in a few months. If genetic testing is contested or custody and support are disputed, the timeline resembles a contested custody case. Custody and support orders can be requested while the parentage case is pending.
General information about California law, reviewed by attorney Taryn M. Scharf (CA State Bar #244097), Scharf Law, P.C., Folsom, CA. It is not legal advice for any specific situation. Ask about your case or call (916) 782-3900.
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Scharf Law, P.C. — 2330 E Bidwell St, Suite 110, Folsom, CA 95630-3897
— (916) 782-3900
Taryn M. Scharf, Esq. — CA State Bar #244097
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