Paternity Agreement

CALIFORNIA VOLUNTARY DECLARATION OF PARENTAGE PREPARATION PACKET

PART 1 — PURPOSE AND LIMITS

This packet helps prospective signers prepare for California's Voluntary Declaration of Parentage (VDOP) process. It is designed to:

1. screen whether the proposed signers are eligible to use a VDOP;
2. identify circumstances that make a declaration void;
3. help the signers decide whether to request genetic testing before signing;
4. organize information for the current official form;
5. track signing, filing, rescission, and challenge dates; and
6. separate parentage establishment from custody, parenting-time, and support orders.

This packet is not:

☐ DCSS 0909, Voluntary Declaration of Parentage;

☐ DCSS 0915, California VDOP Rescission;

☐ a substitute for the official rights-and-consequences materials;

☐ a genetic-testing waiver or test order;

☐ a custody or parenting-time agreement or order; or

☐ a child-support agreement or order.

A private agreement cannot create the statutory effect of a VDOP. Under Family Code § 7573, a compliant declaration becomes effective only when filed with the California Department of Child Support Services (DCSS).

PART 2 — CHILD AND PROPOSED-SIGNER INFORMATION

Child's full legal name: [________________________________]

Child's date of birth: [__/__/____]

Child's place of birth (facility or address, city, county, state, and country): [________________________________]

Birth parent's full legal name: [________________________________]

Birth parent's date of birth: [__/__/____]

Birth parent's mailing address, telephone, and email: [________________________________]

Other proposed parent's full legal name: [________________________________]

Other proposed parent's date of birth: [__/__/____]

Other proposed parent's mailing address, telephone, and email: [________________________________]

Proposed route:

☐ Unmarried birth parent and the only possible genetic parent other than the birth parent

☐ Birth parent and intended parent of a child conceived through assisted reproduction under Family Code § 7613

Existing parentage, custody, visitation, support, adoption, or child-protection case: ☐ No ☐ Yes

Court, county, case number, and existing orders: [________________________________]

PART 3 — ELIGIBILITY AND VOID-DECLARATION SCREEN

A. Eligible-signer screen

Under Family Code § 7573, the proposed signers must fit one of these routes:

☐ The person who gave birth is unmarried, and the other signer is the only possible genetic parent.

☐ The person who gave birth is married or unmarried, and the other signer is a parent under Family Code § 7613 of a child conceived through assisted reproduction.

If neither statement is accurate, do not use a VDOP to establish parentage. Obtain California legal advice about the appropriate court or statutory route.

B. Existing-parent and conflicting-status screen

Under Family Code § 7573.5, a VDOP is void if, when signed, any of the following is true:

☐ A different person is a presumed parent under Family Code § 7540 or § 7611(a), (b), or (c).

☐ A court has already entered a parentage judgment for the child.

☐ Another person has already signed a valid VDOP for the child.

☐ The child has a different parent under Family Code § 7613 or § 7962.

☐ The proposed signer is a donor under Family Code § 7613.

☐ The proposed signer claims parentage under § 7613, but the child was not conceived through assisted reproduction.

Potential conflict identified: ☐ No ☐ Yes: [________________________________]

If any item may apply, stop before signing. A private promise, waiver, or consent cannot make a statutorily void declaration valid.

C. Additional official-form screening

The current DCSS 0909 sample also directs prospective signers to stop for situations including surrogacy, uncertainty about conception through assisted reproduction, spousal gamete donation, or another existing or intended parent.

☐ No surrogacy agreement applies.

☐ No spouse donated the sperm or egg used for the conception.

☐ There is no uncertainty whether conception resulted from assisted reproduction or sexual intercourse.

☐ No person outside the proposed signers is an intended parent under an agreement.

☐ No spouse, former spouse, or later spouse has a potentially conflicting presumed-parent or support status.

Facts requiring attorney or agency review: [________________________________]

PART 4 — CERTAINTY, RIGHTS, AND GENETIC TESTING

The California Courts Self-Help Guide warns prospective signers not to sign if they are uncertain about parentage. It explains that signing a VDOP gives up the right to genetic testing and a trial to decide parentage.

Decision before signing:

☐ Both proposed signers are certain about parentage and intend to sign voluntarily.

☐ Genetic testing was completed and reviewed before signing.

☐ Either person is uncertain; do not sign and obtain testing or legal guidance first.

Testing laboratory or agency: [________________________________]

Report date and identifier: [________________________________]

Questions for counsel or the Parentage Opportunity Program (POP): [________________________________]

Do not add a private testing deadline, cost allocation, or promise that later testing automatically cancels a filed VDOP. Once filed, the declaration is governed by the statutory rescission, challenge, and voidness rules.

PART 5 — OBTAIN AND COMPLETE THE OFFICIAL VDOP

A. Obtain the current original

As verified on August 8, 2026, California DCSS lists DCSS 0909, Voluntary Declaration of Parentage, on its official Parentage Opportunity Program forms page. The downloadable English form is marked as a sample. Obtain a current original through:

☐ the hospital when the child is born;

☐ a local child support agency;

☐ a local registrar of births;

☐ a superior-court Family Law Facilitator;

☐ a local welfare office; or

☐ POP by requesting that a blank form be mailed.

Original form obtained from: [________________________________]

Date obtained: [__/__/____]

Form revision shown on the original: [________________________________]

Do not sign or submit the posted sample, this preparation packet, or a privately recreated form.

B. Review the form before signing

☐ Read the entire current form, including alternatives, rights, responsibilities, and consequences.

☐ Understand that completing and signing is voluntary.

☐ Understand that signing and filing establishes legal parentage and parental rights and duties.

☐ Understand the genetic-testing and trial rights being waived.

☐ Confirm that all required information is true and complete.

☐ Address every required Social Security number or Individual Taxpayer Identification Number field or permitted no-number certification.

C. Sign before the correct witness or notary

Family Code § 7573 requires both signers' signatures to be notarized or witnessed. The current DCSS 0909 instructions require:

☐ signatures before an authorized witness when the form is accepted by a hospital, prenatal clinic, or authorized agency; or

☐ signatures before a notary public when the form is not signed at one of those locations.

A notary public is required when the form is signed outside California under the current form instructions.

Do not replace the official witness or notary sections with signatures on this packet, a generic contract notary block, counterparts, or unsupported electronic signatures.

PART 6 — FILE WITH DCSS POP

A. Filing destination and timing

The current DCSS 0909 sample instructions direct that only the signed original be sent to:

California Department of Child Support Services

Parentage Opportunity Program (POP)

P.O. Box 419070

Rancho Cordova, CA 95741-9070

The current instructions state that the signed original must be sent to DCSS within 20 days after signing. If the form is signed through a hospital or authorized agency, confirm who will transmit the original.

Transmission route: ☐ Hospital or authorized agency ☐ Mail by signer ☐ Other official route: [________________]

Person or agency responsible for transmission: [________________________________]

Date original sent: [__/__/____]

Delivery or agency confirmation: [________________________________]

B. Effective date and legal effect

Under Family Code § 7573:

• the VDOP generally takes effect when filed with DCSS; and
• a completed, compliant, filed VDOP is equivalent to a parentage judgment and gives each declarant the rights and duties of a parent.

A name on a birth certificate alone does not establish legal parentage, according to the official POP site.

DCSS filing date: [__/__/____]

Effective date: [__/__/____]

Certified-copy request needed: ☐ No ☐ Yes

Certified copy received and stored: [________________________________]

C. Minor-parent timing

If either signer was a minor, Family Code § 7580 changes the effective-date and rescission rules. A declaration signed by a minor does not establish parentage until 60 days after both signers have reached age 18 or are emancipated, whichever occurs first. A minor signer may rescind through 60 days after reaching age 18 or becoming emancipated, whichever occurs first.

Was either signer under age 18 when signing? ☐ No ☐ Yes

Birth or emancipation dates requiring counsel review: [________________________________]

PART 7 — PARENTAGE DOES NOT CREATE SEPARATE FAMILY-COURT ORDERS

The California Courts Self-Help Guide states that after a VDOP is filed, a parent who needs custody, visitation or parenting-time, or support orders must file a case with the court.

The VDOP does not itself set:

☐ legal or physical custody;

☐ a parenting-time schedule or exchange terms;

☐ a child-support amount or payment channel;

☐ health-coverage or unreimbursed-expense percentages;

☐ tax-dependent treatment;

☐ relocation terms; or

☐ default, cure, fee-shifting, indemnity, damages, force-majeure, arbitration, jury-waiver, or injunction remedies.

Do not attach those terms to the VDOP as though they were part of the statutory declaration. Use the appropriate California court and child-support processes.

PART 8 — RESCISSION

A. Determine whether rescission remains available

Under Family Code § 7575, either signatory may rescind by filing the DCSS rescission form within 60 days after the later parent's signature, unless a custody, visitation, or child-support order has already been entered in an action in which the person seeking rescission was a party.

Is the 60-day period still open? ☐ Yes ☐ No ☐ Uncertain

Has a potentially disqualifying order been entered? ☐ No ☐ Yes ☐ Uncertain

B. Use DCSS 0915 and follow every instruction

The current official rescission form is DCSS 0915, California Voluntary Declaration of Parentage (VDOP) — Rescission. It requires the person seeking rescission to:

☐ complete the current form;

☐ sign before a notary public;

☐ mail a copy to the other VDOP signer using a form of mail requiring a return receipt, even if the signers live together;

☐ attach the required mailing proof to the original rescission; and

☐ mail the original signed and notarized rescission to DCSS POP.

Family Code § 7575 requires a copy of the return receipt to be attached when the rescission is filed. The current form instructs that the mailing to POP be postmarked within the 60-day period. Complete the process early enough to satisfy both the statute and current form instructions.

Copy mailed to other signer: [__/__/____]

Return-receipt service and tracking number: [________________________________]

Required proof attached: ☐ Yes

Original DCSS 0915 mailed to POP: [__/__/____]

Postmark and delivery evidence: [________________________________]

POP filing confirmation: [________________________________]

Rescinding the VDOP does not automatically remove a name from the birth certificate. The current DCSS 0915 instructions state that a court order and a request to amend the birth record are required.

PART 9 — LATER SIGNATORY CHALLENGE

After the rescission period expires, Family Code § 7576 allows a signatory to commence a court proceeding challenging the VDOP for only:

☐ fraud;

☐ duress; or

☐ material mistake of fact.

The proceeding must begin no later than two years after the declaration's effective date. That two-year limit does not apply when the declaration is void under Family Code § 7573.5.

VDOP effective date: [__/__/____]

Two-year date: [__/__/____]

Potential statutory ground: [________________________________]

Court, county, and case information: [________________________________]

A private rescission waiver, arbitration clause, or agreement that a challenge is unavailable cannot replace these statutory rules.

PART 10 — SEPARATE COURT-ORDER PREPARATION

A. Custody and parenting-time information

Existing case or order: [________________________________]

Current living arrangement: [________________________________]

Requested regular schedule: [________________________________]

Holidays and school breaks: [________________________________]

Transportation and exchanges: [________________________________]

Decision-making issues for counsel or court: [________________________________]

☐ Obtain the appropriate California filing, stipulation, or court order.

B. Support information

Existing child-support case or order: [________________________________]

Birth parent's monthly gross income: $[________________________________]

Other parent's monthly gross income: $[________________________________]

Health-coverage information: [________________________________]

Child-care and other child-related expenses: [________________________________]

☐ Obtain a current California guideline calculation and the required agency or court order.

PART 11 — DOCUMENT CONTROL

☐ Keep complete copies of the signed VDOP, all official instructions, and the rights-and-consequences materials.

☐ Keep DCSS filing and certified-copy records.

☐ Calendar the sixtieth day after the later signature.

☐ Track any custody, visitation, or support proceeding and order.

☐ Keep genetic-test records, any rescission, mailing proof, court pleadings, and resulting orders.

☐ Do not use this packet as a substitute for the official form or an agency or court order.

SOURCES AND REFERENCES

• California Family Code §§ 7570-7581 — Voluntary Declaration of Parentage
• California Courts Self-Help Guide — Voluntary Declaration of Parentage
• California DCSS Parentage Opportunity Program — Forms
• California DCSS — Sample DCSS 0909
• California DCSS — DCSS 0915 Rescission

Attorney review completed by: [________________________________]

Review date: [__/__/____]