Who The Father Is On Paper
Fam. Code 7575 — 60 days to rescind, and two years to challenge
In California, a voluntary declaration of parentage, signed by the woman who gave birth and the other parent and attested by a notary or witnessed, takes effect on filing with the Department of Child Support Services and is equivalent to a judgment of parentage, conferring all the rights and duties of a parent.
60 days to rescind. Either parent may rescind by filing a rescission form with the Department of Child Support Services within 60 days of the later signature, unless a court order for custody, visitation or child support has been entered in an action in which that parent was a party. The form certifies, under penalty of perjury, that a copy went to the other signer by mail requiring a return receipt.
Two years, on three grounds. After the rescission period, but not later than two years after the declaration took effect, a signer may bring a proceeding to challenge it on the basis of fraud, duress or material mistake of fact.
| The assumption | What the law actually does |
|---|---|
| The assumptionA declaration can be withdrawn at any time | What the law actually doesWithin 60 days, unless a custody, visitation or support order came first |
| The assumptionA challenge can come years later | What the law actually doesNot later than two years after it took effect, and only on three grounds |
Paternity cases in court, genetic testing orders, custody and support amounts are not all on this page. Whether a particular acknowledgment can still be undone is a question for a licensed California attorney.
Sources for this section (3)
- Fam. Code 7575 — Rescission of a voluntary declaration of parentage
- Fam. Code 7573 — Voluntary declaration of parentage: who may sign and its effect
- Fam. Code 7576 — Challenge to a voluntary declaration of parentage
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.