(a)The following persons may sign a voluntary declaration of parentage to establish the parentage of the child:
(1)An unmarried woman who gave birth to the child and another person who is a genetic parent.
(2)A married or unmarried woman who gave birth to the child and another person who is a parent under Section 7613 of a child conceived through assisted reproduction.
(b)A voluntary declaration of parentage shall be in a record signed by the woman who gave birth to the child and by either the only possible genetic parent other than the woman who gave birth or the intended parent of a child conceived through assisted reproduction, and the signatures shall be attested by a notary or witnessed.
(c)Except as provided by Section 7580, a voluntary declaration of parentage takes effect on the filing of the document with the Department of Child Support Services.
(d)Except as provided in Sections 7573.5,
7575, 7576, 7577, and 7580, a completed voluntary declaration of parentage that complies with this chapter and that has been filed with the Department of Child Support Services is equivalent to a judgment of parentage of the child and confers on the declarant all rights and duties of a parent.
(e)The court shall give full faith and credit to a voluntary declaration of parentage effective in another state if the declaration was in a signed record and otherwise complies with the law of the other state.
(f)This section shall become operative on January 1, 2020.
Notes of Decisions
Cited in
22
cases (
11 in the last 5 years), 2003–2026 · leading case:
In Re Mary G., 59 Cal. Rptr. 3d 703 (Cal. Ct. App. 2007).
In Re Mary G., 59 Cal. Rptr. 3d 703 (Cal. Ct. App. 2007).
· cites it 3× “In California, "[w]ith the adoption of the statutory scheme on voluntary declarations of paternity, Family Code section 7570 et seq., the Legislature declared that there was a compelling state interest in establishing paternity for all children, with the goal of providing…”
Los Angeles Cnty. Dep't of Child. & Fam. Servs. v. R.R., 193 Cal. App. 4th 1494 (Cal. Ct. App. 2011).
· cites it 2× “) Family Code section 7573 states that, with exceptions not relevant here, “a completed voluntary declaration of paternity, as described in Section 7574, that has been filed with the Department of Child Support Services shall establish the paternity of a child and shall have the…”
Los Angeles Cnty. Dep't of Child. & Fam. v. David G., 206 Cal. App. 4th 1160 (Cal. Ct. App. 2012).
“All statutory references are to the Welfare and Institutions Code, unless otherwise noted. As father points out, it appears that both the court and his attorney were unaware that a properly executed and filed declaration of paternity “shall establish the paternity of a child and…”
Dep't of Child. & Fam. Servs. v. John B., 221 Cal. App. 4th 1482 (Cal. Ct. App. 2013).
· cites it 2× “” (Fam. Code, § 7573.) However, if genetic tests demonstrate that the man who signed the voluntary declaration of paternity is not “the father of the child,” the court may set the declaration aside.”
People ex rel. Shockley v. Hoyle, 789 N.E.2d 1282 (Ill. App. Ct. 2003).
· cites it 4× “Health & Safety Code § 102425 (West 2002)) and sections 7573 and 7576 of the California Family Code ( Cal. Fam. Code §§ 7573 , 7576 (West 2002)), a man is presumed to be a child’s father if he is listed as the father on the child’s birth certificate.”
In Re William K., 73 Cal. Rptr. 3d 737 (Cal. Ct. App. 2008).
“(Fam.Code, §§ 7573, 7611, & 7612.) The VDP is subject to being set aside if genetic testing establishes that someone other that the declarant father is the biological father of the minor unless the court finds that setting aside the declaration is not in the minor's best…”
San Diego Cnty. Health & Human Servs. Agency v. Jennifer G., 2007 Cal. Daily Op. Serv. 5940 (Cal. Ct. App. 2007).
· cites it 3× “In California, “[w]ith the adoption of the statutory scheme on voluntary declarations of paternity, Family Code section 7570 et seq., the Legislature declared that there was a compelling state interest in establishing paternity for all children, with the goal of providing…”
Shasta Cnty. Dep't of Soc. Servs. v. Ronald F., 161 Cal. App. 4th 1 (Cal. Ct. App. 2008).
“(Fam. Code, §§ 7573, 7611, 7612.) The VDP is subject to being set aside if genetic testing establishes that someone other than the declarant father is the biological father of the minor unless the court finds that setting aside the declaration is not in the minor’s best interest.”
In Re N.P. Ca3 (Cal. Ct. App. 2021).
· cites it 3× “) Family Code section 7611 also provides that a person “is presumed to be the natural parent of a child” if the person meets the conditions provided in section 7570, et seq.”
In Re J.M. ca4/1 (Cal. Ct. App. 2021).
“” (Fam. Code, § 7573, subd. (d).) But because the VDOP had not yet been filed with the Agency, the dependency petition identified Father as the “presumed” father.”
In Re G.D. Ca3 (Cal. Ct. App. 2022).
“635(c); Fam. Code, § 7573.) The court reasonably expected mother and S.”
In re A.H. (Cal. Ct. App. 2022).
“” (Fam. Code, § 7573, subd. (d); see also id.”
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