How does an unmarried father officially establish legal parentage of his child in California?

An unmarried father can establish legal parentage in California by signing a Voluntary Declaration of Parentage with the mother or by filing a court action to be legally recognized as the parent. Each method results in a legally enforceable determination of parentage. Here are the steps to officially establish parentage: Step 1: Use the Voluntary Declaration of Parentage (VPOP) This is the simplest method if both parents agree. You and the child's mother can sign a VPOP form (CS 909) at the hospital when the child is born. If you do not sign at the hospital, you can sign it later at your local child support agency or county registrar of births. Once signed by both parents and filed with the state, the VPOP has the same legal effect as a court order. Step 2: File a Petition in Court If the other parent will not sign a VPOP, or if parentage is in dispute, you must file a court case. Go to the superior court in the county where your child lives and file a Petition to Establish Parental Relationship (Form FL-200). You can find this form on the California Courts self-help website. Step 3: Serve the Court Papers After filing your petition, you must arrange for another adult (not you) to formally deliver a copy of the documents to the child's mother. This is called "service of process" and is a required step to notify her of the court action. She will then have 30 days to file a response with the court. Step 4: Obtain a Court Judgment If the mother agrees, you can work together to finalize a judgment. If she disputes your parentage, the court may order genetic (DNA) testing. Once the court confirms you are the parent, it will issue a Judgment of Parentage, which legally establishes your rights and responsibilities. Important details and nuances: Establishing parentage grants you the right to seek custody and visitation orders. It also obligates you to provide financial support for your child. In some cases, you may already be a "presumed parent" under California law (Family Code § 7611) if you welcomed the child into your home and have openly acted as the parent. This status strengthens your case but still requires a formal court order to be legally finalized for custody and support. Warnings and limitations: A signed VPOP is a legally binding document. You only have 60 days from the date it is filed to cancel it by filing a rescission form. After 60 days, reversing a VPOP is very difficult and requires a court action. If another man is legally presumed to be the father (for example, he was married to the mother), the case can become significantly more complicated. This is general information and does not constitute legal advice. For complex situations, such as when another person claims parentage or if you have questions about your specific rights, you should consult with a qualified California attorney.
Disclaimer: This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 14, 2025
Family Law

Divorce, child custody, domestic relations, and family disputes

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