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How Long Does a Father Have to Establish Paternity? California's paternity law does not have a statute of limitations on establishing paternity. However, if there are any doubts at all about the father's paternity, the courts may order a blood test up to two years after the child's birth.
You and the other parent can establish legal parentage for your child without going to court if you both parents sign a Voluntary Declaration of Parentage (VDOP) form and file it with the state. This form is usually signed at a hospital when a child is born. But you can sign it later.
The Declaration of Paternity (CS 909) form is only to be used by unmarried couples to establish the paternal relationship with the child. You must use the official triplicate form (photocopies are not acceptable) that is available through local child support agencies.
Either parent may request genetic testing before signing, but genetic testing may not be requested by the signer of a Declaration once it has been filed. Your local county child support agency can help you with genetic testing when paternity is unconfirmed.
A Voluntary Declaration of Parentage (or paternity) (a VDOP) is a government form two parents can sign to create a legal parent-child relationship between a child and parent. It's often signed at the hospital when a child is born, but it can be signed later.
A name on a birth certificate does NOT legally establish parentage. Only a court order or the Voluntary Declaration of Parentage (VDOP) establishes legal parentage. It's easy to establish legal parentage without going to court?and it's free!
However, the fact that a person's name appears on a birth certificate is not conclusive proof of paternity. Since there is no requirement that a father sign a birth certificate, a mother may list anyone whom she believes is, or wants to be, the father.
Parents may get a blank VDOP form from their local child support agency, local court (Family Law Facilitator), local registrar of births and deaths, and their local welfare office. Parents may also contact POP at askpop@dcss.ca.gov to request a blank form. The VDOP is not available electronically.