Parentage

About Parentage

Parentage means the legal relationship between a parent and child. Establishing parentage is the legal process of determining the legal parent of a child. When parents are married, parentage most often is established without legal action. If the parents are unmarried, establishing parentage requires a court judgment of parentage. A parentage case may be started by the mother, the father, the child's personal representative, or the Department of Child Support Services in the county where the child lives or can be found.

Parentage must be established before custody, visitation, child support, name change, or restraining orders may be ordered by the court. If the alleged parent admits parentage, or it is proven that the person is a parent, a judgment of parentage will be entered. If there is no admission of parentage, or if either of the parties is not sure of the parentage of the child, the court may order the mother, child, and alleged parent to take part in genetic testing.

I believe that I am the father of a child, however the mother will not acknowledge me. How can I establish myself as the father?

You may file a Petition to Establish a Parental Relationship. In order to file in Orange County, the child must currently live in, or be found in, Orange County or have recently been removed from this county. If the mother does not agree that you are the father of the child, you will need to file additional court forms and present your case to a judge.

What is a Voluntary Declaration of Parentage form?

This form is to officially and legally establish who is the natural father of the child if the mother and father are not married. When this form is completed correctly and signed by both parents, it has the same effect as a court order establishing parentage for the child, without anyone having to go to court.

You may have an opportunity to complete a Voluntary Declaration of Parentage (form CS 909) in the hospital if you are present when the child is born. If not, both parents may sign it at any time after the child’s birth. This form is available from the Office of the Family Law Facilitator or Department of Child Support Services. When the form is not signed at the hospital at the time of birth, both parents must sign it in front of a notary public and mail it to:

State Department of Social Services
744 P Street
Sacramento, CA 95814
Phone Number: 916-445-6951

A signed and filed Voluntary Declaration of Parentage form gives a father legal rights and responsibilities toward the child:

  • He can be held responsible for child support.
  • He may seek a court order for visitation or custody of his child.

He will be waiving the following rights as they relate to the establishment of parentage:

  • Right to trial in court to decide the issue of parentage;
  • Right to notice of hearing on the issue of parentage;
  • Right to present and cross-examine witnesses;
  • Right to have an attorney represent him;
  • Right to have an attorney represent him if he cannot afford one in an action filed by the local child support agency.

You can get a Declaration of Parentage form from:

  • The Office of the Family Law Facilitator, 7th Floor at Lamoreaux Justice Center in Orange
  • The Department of Child Support Services

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I am not an adult (18 years of age or older). Can I sign a Voluntary Declaration of Parentage form?

Yes, if you are the parent of a child, you may sign the form, even if you are not 18 years of age or older. However, legal parentage will not be established until 60 days after both of the parents reach the age of 18, or are otherwise legally free and independent.

I signed a Voluntary Declaration of Parentage form, but now I am not sure that I should have. Can I cancel the form?

You have 60 days after the date you signed the form to fill out and file another form to cancel the Declaration of Parentage without giving a reason. To do this, you must use the form, Rescission Form for the Declaration of Parentage (CS 915). This form is available from the Office of the Family Law Facilitator or Department of Child Support Services. This Rescission Form cancels the legal father-child relationship created by the Voluntary Declaration of Parentage.

  • Only one parent needs to sign the form, but it must be signed before a Notary Public.
  • If the mother and father signed the Voluntary Declaration of Parentage form on different dates, use the most recent date to calculate the 60 days.
  • A copy of the Rescission Form for the Declaration of Parentage is to be sent by certified mail, return receipt requested, to the other person named as parent, advising him or her that the Declaration is being canceled.
  • A copy of the form and receipt must be sent to:

    Department of Child Support Services Parentage Opportunity Program
    P.O. Box 419070
    Rancho Cordova, CA 95741-9070

After 60 days have passed since the signing of the Voluntary Declaration of Parentage form, the requirements for canceling are more difficult. You may want to seek legal assistance.

I signed a Voluntary Declaration of Parentage in the hospital when my child was born. How can I get a copy of it?

State law allows only the people or agencies listed below to obtain copies of these forms:

  • Parents;
  • The child;
  • County Child Support Services agencies;
  • County Welfare Departments;
  • County Counsel;
  • The Courts

A parent requesting a copy of their Voluntary Declaration of Parentage form filed with the State of California should either complete a Parents Request Form for Declaration of Parentage (CS 918). This form is available from the Office of the Family Law Facilitator or Department of Child Support Services; or send a letter to:

Department of Child Support Services Parentage Opportunity Program
P.O. Box 419070
Rancho Cordova, CA 95741-9070

If you are sending a letter, be sure to include all the identifying information about the child and the parents, and sign the letter.

I am not married to my child's father/mother, how can I get him/her to pay child support?

The Court cannot make any orders for support, custody, or visitation until parentage is established. Both parents may have signed a Voluntary Declaration of Parentage at the hospital when the child was born, or parentage may also be established by filing a Petition to Establish a Parental Relationship and bringing the case before a judge. After parentage has been established, child support can be requested in the parentage case or by filing a Petition for Custody and Support of Minor Children.

Who has access to information in a parentage case?

All of the information in a parentage case is private. The only people who can look in the court file are:

  • The mother and father
  • Attorneys of the mother and father
  • The Department of Child Support Services if they are involved in the case.

How can a father get his name on a child's Birth Certificate?

There are two (2) ways a man, who is not married to the child’s mother, can get his name on his child's birth certificate. He can:

  • Sign a Voluntary Declaration of Parentage (at the hospital or later) or
  • Legally establish parentage through the court by filing a Petition to Establish a Parental Relationship to start a parentage case.

Once parentage has been officially and legally established, the parents may add the father’s name to the birth certificate by requesting form VS 22, Application to Amend a Birth Record-Acknowledgment of Parentage, from their county’s Local Registrar of Births and Deaths.

This form is available at no charge from:

  • Offices of local registrars of births and deaths
  • State Registrar in Sacramento
  • County Clerk-Recorder's offices

Mail the completed form and required fee to:

Office of Vital Records, MS 5103
P.O. Box 997410
Sacramento, CA 95899-7410

How do I get assistance on how to establish parentage and/or get custody or visitation orders?

The Self-Help Center located on the first floor of the Lamoreaux Justice Center at 341 The City Drive, Orange, CA provides assistance. 

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