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Cal. Fam. Code § 7578

Establishment of Parentage by Voluntary Declaration

Added by Stats. 2018, Ch. 876, Sec. 43

(a) Every signatory to a voluntary declaration of parentage shall be made a party to a proceeding to challenge the declaration.

(b) By signing a voluntary declaration, a signatory submits to personal jurisdiction in this state in a proceeding to challenge the declaration, effective on the filing of the declaration with the Department of Child Support Services.

(c) The court shall not suspend the legal responsibilities arising from a voluntary declaration of parentage, including the duty to pay child support, during the pendency of a proceeding to challenge the voluntary declaration of parentage, unless the party challenging the declaration shows good cause.

(d) A party challenging a voluntary declaration of parentage has the burden of proof by a preponderance of the evidence.

(e) If the judgment or order of the court is at variance with the child’s birth certificate, the court shall order that a new birth certificate be issued as prescribed in Article 2 (commencing with Section 102725) of Chapter 5 of Part 1 of Division 102 of the Health and Safety Code.

(f) This section shall become operative on January 1, 2020.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.