Chapter
3. Establishment of Paternity by Voluntary
Declaration.
California
Family Code, sections 7570-7577
7570.
The Legislature hereby finds and declares
as follows:
(a)
There is a compelling state interest in
establishing paternity for all children.
Establishing paternity is the first step
toward a child support award, which, in
turn, provides children with equal rights
and access to benefits, including, but
not limited to, social security, health
insurance, survivors' benefits, military
benefits, and inheritance rights. Knowledge
of family medical history is often necessary
for correct medical diagnosis and treatment.
Additionally, knowing one's father is
important to a child's development.
(b)
A simple system allowing for establishment
of voluntary paternity will result in
a significant increase in the ease of
estab-lishing paternity, a significant
increase in paternityestablishment, an
increase in the number of children who
have greater access to child support and
other benefits, and a significant decrease
in the time and money required to establish
paternity due to the removal of the need
for a lengthy and expensive court process
to determine and establish paternity and
is in the public interest.
7571. (a) On and after
January 1, 1995, upon the event of a live
birth, prior to an unmarried mother leaving
any hospital, the person responsible for
registering live births under Section
102405 of the Health and Safety Code
shall provide to the natural mother and
shall attempt to provide, at the place
of birth, to the man identified by the
natural mother as the natural father,
a voluntary declaration of paternity together
with the written materials described in
Section 7572. Staff
in the hospital shall witness the signatures
of parents signing a voluntary declaration
of paternity and shall forward the signed
declaration to the Department of Child
Support Services within 20 days of the
date the declaration was signed. A copy
of the declaration shall be made available
to each of the attesting parents.
(b)
No health care provider shall be subject
to any civil, criminal, or administrative
liability for any negligent act or omission
relative to the accuracy of the information
provided, or for filing the declaration
with the appropriate state or local agencies.
(c) The
local child support agency shall pay the
sum of ten dollars ($10) to birthing hospitals
and other entities that provide prenatal
services for each completed declaration
of paternity that is filed with the Department
of Child Support Services, provided that
the local child support agency and the
hospital or other entity providing prenatal
services has entered into a written agreement
that specifies the terms and conditions
for the payment as required by federal
law.
(d)
If the declaration is not registered by
the person responsible for registering
live births at the hospital, it may be
completed by the attesting parents, notarized,
and mailed to the Department of Child
Support Services at any time after the
child's birth.
(e)
Prenatal clinics shall offer prospective
parents the opportunity to sign a voluntary
declaration of paternity. In order to
be paid for their services as provided
in subdivision (c),
prenatal clinics must ensure that the
form is witnessed and forwarded to the
Department of Child Support Services within
20 days of the date the declaration was
signed.
(f)
Declarations shall be made available without
charge at all local child support agency
offices, offices of local registrars of
births and deaths, courts, and county
welfare departments within this state.
Staff in these offices shall witness the
signatures of parents wishing to sign
a voluntary declaration of paternity and
shall be responsible for forwarding the
signed declaration to the Department of
Child Support Services within 20 days
of the date the declaration was signed.
(g)
The Department of Child Support Services,
at its option, may pay the sum of ten
dollars ($10) to local registrars of births
and deaths, county welfare departments,
or courts for each completed declaration
of paternity that is witnessed by staff
in these offices and filed with the Department
of Child Support Services. In order to
receive payment, the Department of Child
Support Services and the entity shall
enter into a written agreement that specifies
the terms and conditions for payment as
required by federal law. The Department
of Child Support Services shall study
the effect of the ten dollar ($10) payment
on obtaining completed voluntary declaration
of paternity forms and shall report to
the Legislature on any recommendations
to change the ten dollar ($10) optional
payment, if appropriate, by January 1,
2000.
(h)
The Department of Child Support Services
and local child support agencies shall
publicize the availability of the declarations.
The local child support agency shall make
the declaration, together with the written
materials described in subdivision (a)
of Section 7572, available
upon request to any parent and any agency
or organization that is required to offer
parents the opportunity to sign a voluntary
declaration of paternity. The local child
support agency shall also provide qualified
staff to answer parents' questions regarding
the declaration and the process of establishing
paternity.
(i)
Copies of the declaration and any rescissions
filed with the Department of Child Support
Services shall be made available only
to the parents, the child, the local child
support agency, the county welfare department,
the county counsel, the State Department
of Health Services, and the courts.
(j)
Publicly funded or licensed health clinics,
pediatric offices, Head Start programs,
child care centers, social services providers,
prisons, and schools may offer parents
the opportunity to sign a voluntary declaration
of paternity. In order to be paid for
their services as provided in subdivision
(c), publicly funded or licensed health
clinics, pediatric offices, Head Start
programs, child care centers, social services
providers, prisons, and schools shall
ensure that the form is witnessed and
forwarded to the Department of Child Support
Services.
(k)
Any agency or organization required to
offer parents the opportunity to sign
a voluntary declaration of paternity shall
also identify parents who are willing
to sign, but were unavailable when the
child was born. The organization shall
then contact these parents within 10 days
and again offer the parent the opportunity
to sign a voluntary declaration of paternity.
7572.
(a) The Department of Child Support Services,
in consultation with the State Department
of Health Services, the California Association
of Hospitals and Health Systems, and other
affected health provider organizations,
shall work cooperatively to develop written
materials to assist providers and parents
in complying with this chapter. This written
material shall be updated periodically
by the Department of Child Support Services
to reflect changes in law, procedures,
or public need.
(b)
The written materials for parents which
shall be attached to the form specified
in Section 7574 and
provided to unmarried parents shall contain
the following information:
(1) A signed voluntary declaration of
paternity that is filed with the Department
of Child Support Services legally establishes
paternity.
(2) The legal rights and obligations of
both parents and the child that result
from the establishment of paternity.
(3) An alleged father's constitutional
rights to have the issue of paternity
decided by a court; to notice of any hearing
on the issue of paternity; to have an
opportunity to present his case to the
court, including his right to present
and cross-examine witnesses; to have an
attorney represent him; and to have an
attorney appointed to represent him if
he cannot afford one in a paternity action
filed by a local child support agency.
(4) That by signing the voluntary declaration
of paternity, the father is voluntarily
waiving his constitutional rights.
(c)
Parents shall also be given oral notice
of the rights and responsibilities specified
in subdivision (b).
Oral notice may be accomplished through
the use of audio or videotape programs
developed by the Department of Child Support
Services to the extent permitted by federal
law.
(d)
The Department of Child Support Services
shall, free of charge, make available
to hospitals, clinics, and other places
of birth any and all informational and
training materials for the program under
this chapter, as well as the paternity
declaration
form. The Department of Child Support
Services shall make training available
to every participating hospital, clinic,
local registrar of births and deaths,
and other place of birth no later than
June 30, 1999.
(e)
The Department of Child Support Services
may adopt regulations, including emergency
regulations, necessary to implement this
chapter.
7573.
Except as provided in Sections 7575,
7576, and 7577,
a completed voluntary declaration of Paternity,
as described in Section 7574,
that has been filed with the Department
of Child Support Services shall establish
the paternity of a child and shall have
the same force and effect as a judgment
for paternity issued by a court of competent
jurisdiction. The voluntary declaration
of paternity shall be recognized as a
basis for the establishment of an order
for child custody, visitation, or child
support.
7574.
(a) The voluntary declaration of paternity
shall be executed on a form developed
by the Department of Child Support Services
in consultation with the State Department
of Health Services, the California Family
Support Council, and child support advocacy
groups.
(b)
The form described in subdivision (a)
shall contain, at a minimum, the following:
(1) The name and the signature of the
mother.
(2) The name and the signature of the
father.
(3) The name of the child.
(4) The date of birth of the child.
(5) A statement by the mother that she
has read and understands the written materials
described in Section 7572,
that the man who has signed the voluntary
declaration of paternity is the only possible
father, and that she consents to the establishment
of paternity by signing the voluntary
declaration of paternity.
(6) A statement by the father that he
has read and understands the written materials
described in Section 7572,
that he understands that by signing the
voluntary declaration of paternity he
is waiving his rights as described in
the written materials, that he is the
biological father of the child, and that
he consents to the establishment of paternity
by signing the voluntary declaration of
paternity.
(7) The name and the signature of the
person who witnesses the signing of the
declaration by the mother and the father.
7575.
(a) Either parent may rescind the voluntary
declaration of paternity 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
father or attesting mother, 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. The Department of Child Support
Services shall develop a form to be used
by parents to rescind the declaration
of paternity and instruction on how to
complete and file the rescission with
the Department of Child Support Services.
The form shall include a declaration under
penalty of perjury completed by the person
filing the rescission form that certifies
that a copy of the rescission form was
sent by any form of mail requiring a return
receipt to the other person who signed
the voluntary declaration of paternity.
A copy of the return receipt shall be
attached to the rescission form when filed
with the Department of Child Support Services.
The form and instructions shall be written
in simple, easy to understand language
and shall be made available at the local
family support office and the office of
local registrar of births and deaths.
The department shall, upon written request,
provide to a court or commissioner a copy
of any rescission form filed with the
department that is relevant to proceedings
before the court or commissioner.
(b)
(1) Notwithstanding Section 7573,
if the court finds that the conclusions
of all of the experts based upon the results
of the genetic tests performed pursuant
to Chapter 2 (commencing with Section
7550)
are that the man who signed the voluntary
declaration is not the father of the child,
the court may set aside the voluntary
declaration of paternity unless the court
determines that denial of the action to
set aside the voluntary declaration of
paternity is in the best interest of the
child, after consideration of all of the
following factors:
(A) The age of the child.
(B) The length of time since the execution
of the voluntary declaration of paternity
by the man who signed the voluntary declaration.
(C) The nature, duration, and quality
of any relationship between the man who
signed the voluntary declaration and the
child, including the duration and frequency
of any time periods during which the child
and the man who signed the voluntary declaration
resided in the same household or enjoyed
a parent-child relationship.
(D) The request of the man who signed
the voluntary declaration that the parent-child
relationship continue.
(E) Notice by the biological father of
the child that he does not oppose preservation
of the relationship between the man who
signed the voluntary declaration and the
child.
(F) The benefit or detriment to the child
in establishing the biological parentage
of the child.
(G) Whether the conduct of the man who
signed the voluntary declaration has impaired
the ability to ascertain the identity
of, or get support from, the biological
father.
(H) Additional factors deemed by the court
to be relevant to its determination of
the best interest of the child.
(2) If the court denies the action, the
court shall state on the record the basis
for the denial of the action and any supporting
facts.
(3)
(A)
The notice of motion for genetic tests
under this section may be filed not
later than two years from the date of
the child's birth by a local child support
agency, the mother, the man who signed
the voluntary declaration as the child's
father, or in an action to determine
the existence or nonexistence of the
father and child relationship pursuant
to Section
7630 or in any action to
establish an order for child custody,
visitation, or child support based upon
the voluntarydeclaration of paternity.
(B) The local child support agency's
authority under this subdivision is
limited to those circumstances where
there is a con-flict between a voluntary
acknowledgment of paternity and a judgment
of paternity or a conflict between two
or more voluntary acknowledgments of
paternity.
(4)
The notice of motion for genetic tests
pursuant to this section shall be supported
by a declaration under oath submitted
by the moving party stating the factual
basis for putting the issue of paternity
before the court.
(c)
(1) Nothing in this chapter shall be construed
to prejudice or bar the rights of either
parent to file an action or motion to
set aside the voluntary declaration of
paternity on any of the grounds described
in, and within the time limits specified
in, Section
473 of the Code of Civil Procedure.
If the action or motion to set aside a
judgment is required to be filed within
a specified time period under Section
473 of the Code of Civil Procedure,
the period within which the action or
motion to set aside the voluntary declaration
of paternity must be filed shall commence
on the date that the court makes an initial
order for custody, visitation, or child
support based upon a voluntary declaration
of paternity.
(2) The parent or local child support
agency seeking to set aside the voluntary
declaration of paternity shall have the
burden of proof.
(3) Any order for custody, visitation,
or child support shall remain in effect
until the court determines that the voluntary
declaration of paternity should be set
aside, subject to the court's power to
modify the orders as otherwise provided
by law.
(4) Nothing in this section is intended
to restrict a court from acting as a court
of equity.
(5) If the voluntary declaration of paternity
is set aside pursuant to paragraph (1),
the court shall order that the mother,
child, and alleged father submit to genetic
tests pursuant to Chapter 2 (commencing
with Section 7550).
If the court finds that the conclusions
of all the experts, as disclosed by the
evidence based upon the genetic tests,
are that the person who executed the voluntary
declaration of paternity is not the father
of the child, the question of paternity
shall be resolved accordingly. If the
person who executed the declaration as
the father of the child is not excluded
as a possible father, the question of
paternity shall be resolved as otherwise
provided by law. If the person who executed
the declaration of paternity is ultimately
determined to be the father of the child,
any child support that accrued under an
order based upon the voluntary declaration
of paternity shall remain due and owing.
(6) The Judicial Council shall develop
the forms and procedures necessary to
effectuate this subdivision.
7576.
The following provisions shall apply for
voluntary declarations signed on or before
December 31, 1996.
(a)
Except as provided in subdivision
(d), the child of a woman and a man
executing a declaration of paternity under
this chapter is conclusively presumed
to be the man's child. The presumption
under this section has the same force
and effect as the presumption under Section
7540.
(b)
A voluntary declaration of paternity shall
be recognized as the basis for the establishment
of an order for child custody or support.
(c)
In any action to rebut the presumption
created by this section, a voluntary declaration
of paternity shall be admissible as evidence
to determine paternity of the child named
in the voluntary declaration of paternity.
(d)
The presumption established by this chapter
may be rebutted by any person by requesting
blood or genetic tests pursuant to Chapter
2 (commencing with Section 7550).
The notice of motion for blood or genetic
tests pursuant to this section shall be
supported by a declaration under oath
submitted by the moving party stating
the factual basis for placing the issue
of paternity before the court. The notice
of motion for blood tests shall be made
within three years from the date of execution
of the declaration by the attesting father,
or by the attesting mother, whichever
signature is later. The two-year statute
of limitations specified in subdivision
(b) of Section 7541
is inapplicable for purposes of this section.
(e)
A presumption under this chapter shall
override all statutory presumptions of
paternity except a presumption arising
under Section 7540
or 7555.
7577. (a) Notwithstanding
Section 7573, a voluntary
declaration of paternity that is signed
by a minor parent or minor parents shall
not establish paternity until 60 days
after both parents have reached the age
of 18 years or are emancipated, whichever
first occurs.
(b)
A parent who signs a voluntary declaration
of paternity when he or she is a minor
may rescind the voluntary declaration
of paternity at any time up to 60 days
after the parent reaches the age of 18
or becomes emancipated whichever first
occurs.
(c)
A voluntary declaration of paternity signed
by a minor creates a rebuttable presumption
of paternity until the date that it establishes
paternity as specified in subdivision
(a).
(d)
A voluntary declaration of paternity signed
by a minor shall be admissible as evidence
in any civil action to establish paternity
of the minor named in the voluntary declaration.
(e)
A voluntary declaration of paternity that
is signed by a minor shall not be admissible
as evidence in a criminal prosecution
for violation of Section
261.5 of the Penal Code.
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