How do I challenge paternity in California?

What the law says

Family Code section 7575(a): “Either parent may rescind the voluntary declaration of parentage by filing a rescission form with the Department of Child Support Services within 60 days of the date of execution of the declaration by the attesting parents, whichever signature is later, unless a court order for custody, visitation, or child support has been entered in an action in which the signatory seeking to rescind was a party.”

After that, section 7576(a) lets a signer challenge the declaration “on the basis of fraud, duress, or material mistake of fact,” no later than two years after it took effect. A person who did not sign, such as an alleged genetic parent, uses section 7577, which has its own two-year limit and requires a best interest finding. Under section 7578(c), support continues during the challenge unless the challenger shows good cause.

For a judgment, section 7646(a) allows a motion by a previously established parent, the child, or their legal representative “if genetic testing indicates that the previously established father of a child is not the genetic father of the child,” within two years of when the father knew or should have known of the judgment or the action, whichever is first. Under section 7646(b), it does not apply if the child is presumed to be a child of a marriage under section 7540, if the previously established parent is a parent under section 7613 (assisted reproduction with a donor) or section 7962 (a gestational surrogacy agreement), or if the action is barred by section 7630(a)(2).

• Family Code section 7575 (leginfo.legislature.ca.gov)
• Family Code section 7576 (leginfo.legislature.ca.gov)
• Family Code section 7646 (leginfo.legislature.ca.gov)
• Form FL-280, Request for Hearing and Application to Cancel (Set Aside) Voluntary Declaration of Parentage or Paternity, Rev. January 1, 2020 (PDF)
• Form FL-272, Notice of Motion to Cancel (Set Aside) Judgment of Parentage, Rev. January 1, 2020 (PDF)

What to do next

To challenge a voluntary declaration in court, the form is FL-280. To set aside a judgment, it is FL-272, with a declaration on form FL-273 for each child. Both forms say to file the original plus three copies and have the other parties served. If you were never served in the case that made you a parent, read our guide on default judgments first.

• Setting aside a paternity judgment in California
• California child support guide