Establishment of Parentage by Voluntary Declaration

Cal. FAM § 7581

California Statutes

The following provisions shall apply for voluntary declarations signed on or before December 31, 1996. (

a) Except as provided in subdivision (d), the child of a woman and a man executing a declaration of paternity under this

chapter is conclusively presumed to be the man’s child. The presumption under this

section has the same force and effect as the presumption under

Section 7540. (

b) A voluntary declaration of paternity shall be recognized as the basis for the establishment of an order for child custody or support. (

c) In an action to rebut the presumption created by this section, a voluntary declaration of paternity shall be admissible as evidence to determine paternity of the child named in the voluntary declaration of paternity. (

d) The presumption established by this

section may be rebutted by any person by requesting genetic testing pursuant to

Chapter 2 (commencing with

Section 7550). The notice of motion for genetic testing pursuant to this

section shall be supported by a declaration under oath submitted by the moving party stating the factual basis for placing the issue of paternity before the court. The notice of motion for genetic testing shall be made within three years from the date of execution of the declaration by the attesting father, or by the attesting mother, whichever signature is later. The two-year statute of limitations specified in subdivision (

b) of

Section is inapplicable for purposes of this section. (

e) A presumption under this

section shall override all statutory presumptions of paternity, except a presumption arising under

Section 7540, a claim made pursuant to

Section 7555, or as provided in

Section 7612. (

f) This

section shall become operative on January 1, 2020.

Document details

CollectionCalifornia Statutes
CitationCal. FAM § 7581
Date2019-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierFAM7581.201887645

Establishment of Parentage by Voluntary Declaration

Cal. FAM § 7581

California Statutes

Establishment of Parentage by Voluntary Declaration

Cal. FAM § 7581

California Statutes

The following provisions shall apply for voluntary declarations signed on or before December 31, 1996. (

a) Except as provided in subdivision (d), the child of a woman and a man executing a declaration of paternity under this

chapter is conclusively presumed to be the man’s child. The presumption under this

section has the same force and effect as the presumption under

Section 7540. (

b) A voluntary declaration of paternity shall be recognized as the basis for the establishment of an order for child custody or support. (

c) In an action to rebut the presumption created by this section, a voluntary declaration of paternity shall be admissible as evidence to determine paternity of the child named in the voluntary declaration of paternity. (

d) The presumption established by this

section may be rebutted by any person by requesting genetic testing pursuant to

Chapter 2 (commencing with

Section 7550). The notice of motion for genetic testing pursuant to this

section shall be supported by a declaration under oath submitted by the moving party stating the factual basis for placing the issue of paternity before the court. The notice of motion for genetic testing shall be made within three years from the date of execution of the declaration by the attesting father, or by the attesting mother, whichever signature is later. The two-year statute of limitations specified in subdivision (

b) of

Section is inapplicable for purposes of this section. (

e) A presumption under this

section shall override all statutory presumptions of paternity, except a presumption arising under

Section 7540, a claim made pursuant to

Section 7555, or as provided in

Section 7612. (

f) This

section shall become operative on January 1, 2020.

Document details

CollectionCalifornia Statutes
CitationCal. FAM § 7581
Date2019-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierFAM7581.201887645