California Paternity / Parentage Petition + Establishment Order Filing Packet

CALIFORNIA PATERNITY / PARENTAGE PETITION + ESTABLISHMENT ORDER FILING PACKET

PART 1 — PRE-PETITION FACTUAL CHECKLIST

Use this checklist BEFORE drafting the petition. Each "yes" answer changes available causes of action, deadlines, or required parties under Fam. Code § 7611 and § 7612.

A. Child Information

☐ Child's full legal name: [________________________________]
☐ Date of birth: [__/__/____]
☐ Place of birth (city / county / state): [________________________________]
☐ Sex / gender as recorded on birth certificate: [____________]
☐ Current residence (last 6 months): [________________________________]
☐ Child is currently subject to another court order (juvenile, dependency, family): ☐ Yes ☐ No
☐ If yes, case number and court: [________________________________]

B. Person Who Gave Birth ("Birth Parent")

☐ Full legal name: [________________________________]
☐ Date of birth: [__/__/____]
☐ Current address: [________________________________]
☐ Marital status at time of conception: ☐ Single ☐ Married ☐ Registered domestic partner ☐ Separated ☐ Divorced (date final: [__/__/____])
☐ Marital status at time of birth: ☐ Single ☐ Married ☐ RDP ☐ Other: [____________]
☐ Identity of spouse / RDP at conception or birth, if any: [________________________________]

C. Petitioner (if different from Birth Parent)

☐ Full legal name: [________________________________]
☐ Relationship asserted to child: ☐ Genetic parent ☐ Presumed parent (Fam. Code § 7611) ☐ Intended parent (assisted reproduction) ☐ De facto parent ☐ Other: [____________]

D. Presumed-Parent Status (Fam. Code § 7611) — Check ALL that apply

☐ § 7611(a): Person and birth parent were married, and child was born during marriage or within 300 days after dissolution
☐ § 7611(b): Person and birth parent attempted to marry before child's birth (void/voidable marriage)
☐ § 7611(c): Person and birth parent married after child's birth and person voluntarily holds out child as own or is named on birth certificate
☐ § 7611(d): Person received child into their home and openly held out child as their natural child
☐ § 7613: Assisted reproduction — person consented to insemination of birth parent

E. Existing Voluntary Declaration of Parentage (VDOP / CS 909)

☐ A VDOP has been signed and filed with DCSS POP Unit: ☐ Yes ☐ No
☐ If yes, date signed: [__/__/____] Date filed with DCSS: [__/__/____]
☐ Names of signatories: [________________________________]
☐ More than 60 days have elapsed since signing (rescission window closed)
☐ More than 2 years have elapsed since effective date (Fam. Code § 7575 challenge barred except for limited grounds)

F. Prior Adjudications and Service-of-Process Considerations

☐ Prior judgment of parentage exists for this child: ☐ Yes (attach) ☐ No
☐ Any other person could claim presumed-parent status: ☐ Yes (must be joined or noticed) ☐ No
☐ Child is or may be an "Indian child" under ICWA (see Part 10): ☐ Yes ☐ No ☐ Unknown
☐ DCSS / LCSA is a party or has open case: ☐ Yes (Case #: [____________]) ☐ No

G. Genetic Testing Status

☐ Genetic testing has been completed: ☐ Yes (date: [__/__/____], probability: [____]%) ☐ No
☐ Lab name: [________________________________]
☐ Testing was performed under court order pursuant to Fam. Code § 7551: ☐ Yes ☐ No

PART 2 — PETITION TO ESTABLISH PARENTAL RELATIONSHIP

SUPERIOR COURT OF CALIFORNIA, COUNTY OF [_______________]

Case No.: [________________]
Hearing Date: [__/__/____] Dept.: [____] Time: [____]

PETITION TO ESTABLISH PARENTAL RELATIONSHIP (Attachment to FL-200)

Cal. Fam. Code §§ 7630, 7635, 7637

Petitioner alleges:

1. Jurisdiction and Venue. This Court has jurisdiction under Cal. Fam. Code § 7620(a) because the child resides or is present in [_______________] County, California, or because Respondent resides or is present in California.

2. Parties. Petitioner is [________________________________] and resides at [________________________________]. Respondent is [________________________________] and resides at [________________________________].

3. Subject Child. The minor child whose parentage is to be established is [________________________________], born [__/__/____] in [_______________].

4. UCCJEA Compliance. Petitioner has concurrently filed a Declaration Under UCCJEA (Form FL-105/GC-120) listing the child's residence for the past five years.

5. Grounds — Check ALL Applicable:

☐ (a) Genetic Parentage. Petitioner is the genetic parent of the child. Genetic testing dated [__/__/____] reflects a probability of parentage of [____]% (attached as Exhibit "A"), OR Petitioner requests court-ordered genetic testing under Fam. Code § 7551.

☐ (b) Presumed Parent — Fam. Code § 7611(a). Petitioner and the person who gave birth were married at the time of the child's conception or birth, or the child was born within 300 days of dissolution.

☐ (c) Presumed Parent — Fam. Code § 7611(d). Petitioner received the child into Petitioner's home and openly held the child out as Petitioner's natural child from [__/__/____] to [__/__/____].

☐ (d) Assisted Reproduction — Fam. Code § 7613. Petitioner consented in writing to the assisted reproduction by which the child was conceived. Written consent attached as Exhibit "B".

☐ (e) Voluntary Declaration of Parentage. A VDOP signed [__/__/____] establishes Petitioner's parentage; Petitioner seeks confirmatory order and related relief.

☐ (f) More Than Two Parents — Fam. Code § 7612(c). Recognition of Petitioner as a third legal parent is necessary to avoid detriment to the child. Supporting facts: [________________________________]

6. No Adverse Adjudication. No prior judgment establishing parentage of this child by another person exists, except: [________________________________]

7. Requested Relief. Petitioner requests that this Court:

a. Adjudge Petitioner the legal parent of the child;
b. Order the State Registrar to amend the child's birth certificate to reflect Petitioner as parent (Health & Saf. Code § 102725);
c. Reserve jurisdiction to enter orders for legal/physical custody, parenting time, and child support consistent with Fam. Code §§ 3010, 4001 et seq.;
d. Order genetic testing under Fam. Code § 7551 if requested;
e. Award costs and reasonable attorney's fees under Fam. Code § 7640;
f. Grant such other relief as the Court deems just.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on [__/__/____] at [_______________], California.

_________________________________
[PETITIONER NAME], Petitioner

PART 3 — VOLUNTARY DECLARATION OF PARENTAGE (Reference / Supplemental Acknowledgment)

SUPPLEMENTAL ACKNOWLEDGMENT OF EXECUTION OF VDOP (Fam. Code §§ 7570-7577)

Eligibility Confirmation. We, the undersigned, confirm under penalty of perjury that:

☐ The birth parent is unmarried and the other signatory is the only possible genetic parent, OR
☐ We are two persons (married or unmarried) who had this child through assisted reproduction using sperm and/or egg donation, and the donation was NOT from a spouse.

We further confirm none of the following ineligibility conditions applies:

☐ Surrogacy agreement governs the child
☐ Another person has been adjudged the child's parent
☐ Birth parent has signed a prior VDOP for this child with another person
☐ Someone other than the signatories is an intended parent under a donation agreement
☐ A spouse of the birth parent was living with birth parent at conception or birth, or the child was born during or within 300 days of that marriage

Child's Name: [________________________________]
Date of Birth: [__/__/____]
Place of Birth: [________________________________]

Birth Parent: [________________________________]
Signature: _________________________ Date: [__/__/____]

Other Parent: [________________________________]
Signature: _________________________ Date: [__/__/____]

Witness / Notary: _________________________ Date: [__/__/____]

Rights Waived (Fam. Code § 7572). Each signatory acknowledges having read the written materials describing the right to genetic testing, trial on parentage, and right to counsel, and waives those rights by signing the VDOP.

Rescission Window. Either signatory may rescind the VDOP within 60 days of execution by filing the Rescission of Voluntary Declaration of Parentage (Form DCSS 0915) with DCSS POP Unit. After 60 days, the VDOP may be challenged only on grounds of fraud, duress, or material mistake of fact, and only within two years of the effective date (Fam. Code § 7575).

PART 4 — NOTICE TO OTHER PARENT (SUMMONS AND SERVICE)

SUMMONS — UNIFORM PARENTAGE — PETITION FOR CUSTODY AND SUPPORT (FL-210 Reference)

NOTICE TO RESPONDENT:

A Petition has been filed with the Court to establish parental relationship concerning [CHILD'S NAME], born [__/__/____]. You have 30 calendar days after this Summons and Petition are served on you to file a written Response (Form FL-220) at this Court and have a copy served on the Petitioner. A letter or telephone call will not protect you. If you do not file your Response on time, the Court may enter a default judgment against you.

Service Options:

☐ Personal Service (CCP § 415.10) by any non-party adult, sheriff, or registered process server
☐ Substituted Service (CCP § 415.20) — leave with person of suitable age at usual address, plus mail
☐ Service by Mail with Notice and Acknowledgment of Receipt (CCP § 415.30, Form FL-117)
☐ Publication (CCP § 415.50) — only with prior court order on showing Respondent cannot with reasonable diligence be served otherwise
☐ Service on Indian Tribe / BIA where ICWA applies (25 U.S.C. § 1912(a))

Proof of Service. Server must complete Form FL-115 (Proof of Service of Summons) and file within time limits of Cal. Rules of Court 5.68.

PART 5 — MOTION FOR COURT-ORDERED GENETIC TESTING (Fam. Code § 7551)

NOTICE OF MOTION AND MOTION FOR GENETIC TESTING

TO RESPONDENT AND ATTORNEY OF RECORD:

PLEASE TAKE NOTICE that on [__/__/____] at [____] a.m./p.m. in Department [____] of the above-entitled Court, Petitioner will move for an order compelling genetic testing of Petitioner, Respondent, and the minor child pursuant to Cal. Fam. Code § 7551.

Grounds. Petitioner has alleged or denied a parent-child relationship. Section 7551 authorizes the Court, upon motion of a party, to order genetic testing where parentage is a relevant fact in the proceeding.

Supporting Declaration:

1. Parentage of the child is a contested fact in this action.
2. Genetic testing will conclusively establish or exclude Petitioner as a genetic parent.
3. ☐ Petitioner will advance the cost of testing ☐ Petitioner requests apportionment under Fam. Code § 7552.5

[PROPOSED] ORDER FOR GENETIC TESTING

GOOD CAUSE APPEARING, IT IS ORDERED:

1. Petitioner, Respondent, and the minor child [_______________] shall submit to genetic testing on or before [__/__/____].
2. Testing shall be performed by [________________________________] (laboratory) using buccal swab or blood-draw methodology meeting Fam. Code § 7552 reliability standards.
3. The laboratory shall submit certified results directly to the Court and serve copies on counsel.
4. Costs shall be ☐ advanced by Petitioner ☐ apportioned [____]% Petitioner / [____]% Respondent ☐ paid by DCSS.
5. A presumption of parentage arises under Fam. Code § 7555 if results show 99% or greater probability and combined paternity index of 100 to 1 or greater.

Dated: [__/__/____] _________________________________
JUDGE OF THE SUPERIOR COURT

PART 6 — REQUEST FOR ENTRY OF DEFAULT AND DEFAULT JUDGMENT

REQUEST TO ENTER DEFAULT (FL-165 Reference)

To the Clerk: Respondent was served with the Summons and Petition on [__/__/____] and has failed to file a Response within the 30 days required by Cal. Rules of Court 5.62. Petitioner requests entry of Respondent's default.

Petitioner certifies that:

☐ A copy of this Request has been mailed to Respondent at Respondent's last known address
☐ A declaration regarding Servicemembers Civil Relief Act (50 U.S.C. § 3931) is attached (Form CIV-130)
☐ No demand for relief in excess of that pleaded in the Petition is included

Dated: [__/__/____] _________________________________
[PETITIONER / COUNSEL]

[PROPOSED] DEFAULT JUDGMENT OF PARENTAGE

Respondent having been duly served and having failed to appear, default having been entered, and the Court having reviewed the file and supporting declarations:

IT IS ADJUDGED that [PETITIONER] is the legal parent of [CHILD], born [__/__/____].

The Court reserves jurisdiction over custody, parenting time, child support, and amendment of the birth certificate as set forth in Part 7 below.

Dated: [__/__/____] _________________________________
JUDGE OF THE SUPERIOR COURT

PART 7 — FINAL JUDGMENT / ORDER ESTABLISHING PARENTAGE

JUDGMENT (FL-250 — Uniform Parentage Reference)

This matter came on for hearing on [__/__/____]. Based on the pleadings, evidence, and ☐ stipulation of the parties ☐ default of Respondent ☐ genetic test results pursuant to Fam. Code § 7555, the Court FINDS and ORDERS:

Findings.

1. The Court has jurisdiction over the subject matter and the parties.
2. Notice and service of process have been properly given.
3. ICWA inquiry has been conducted (see Part 10); the child ☐ is ☐ is not an Indian child.
4. [PETITIONER] is adjudged the legal parent of [CHILD], born [__/__/____] at [_______________].

Orders.

1. Parentage. The parent-child relationship between [PETITIONER] and [CHILD] is hereby established.

2. Birth Certificate Amendment. The State Registrar of Vital Records is directed to amend the child's birth certificate to reflect [PETITIONER] as legal parent (Health & Saf. Code § 102725; see Part 8).

3. Custody / Parenting Time Reservation. Jurisdiction over legal and physical custody and parenting time is reserved. Either party may file a Request for Order (FL-300) for orders under Fam. Code §§ 3000 et seq.

4. Child Support Reservation. Jurisdiction over child support is reserved pursuant to Fam. Code § 4000 et seq. The DCSS / LCSA ☐ is ☐ is not currently providing services. A separate Order/Notice to Withhold Income for Child Support (FL-195) shall issue upon establishment of support.

5. Health Insurance. Each parent shall enroll the child in available employment-related health coverage (Fam. Code § 3751).

6. Name on Records. The child's name on school, medical, and government records shall reflect [_______________].

7. Attorney's Fees / Costs. ☐ Reserved ☐ Awarded to [____________] in the amount of $[__________]

8. Notice of Entry. Clerk shall issue Notice of Entry of Judgment (FL-190).

Dated: [__/__/____] _________________________________
JUDGE OF THE SUPERIOR COURT

PART 8 — NOTICE TO AMEND BIRTH CERTIFICATE

TO: California Department of Public Health — Vital Records (CDPH-VR)

Re: Amendment of Birth Certificate — Health & Saf. Code §§ 102725, 102760

The undersigned attaches a certified copy of the Judgment of Parentage entered on [__/__/____] in [_______________] County Superior Court, Case No. [________________], establishing [PETITIONER] as legal parent of:

The undersigned requests issuance of an amended Certificate of Live Birth (Form VS 24) reflecting the above adjudicated parentage. The applicable $[____] fee is enclosed. A self-addressed return envelope is enclosed.

Submitted by: [________________________________]
Address: [________________________________]
Date: [__/__/____] Signature: _________________________

PART 9 — PETITION TO RESCIND OR CHALLENGE VOLUNTARY DECLARATION OF PARENTAGE

A. NOTICE OF RESCISSION (Within 60 days) — DCSS Form DCSS 0915 Reference

Pursuant to Cal. Fam. Code § 7575(a), the undersigned hereby rescinds the Voluntary Declaration of Parentage executed on [__/__/____] concerning [CHILD]. This rescission is filed within 60 days of execution.

Rescinding Party: [________________________________]
Signature: _________________________ Date: [__/__/____]
Notary Acknowledgment: [Attach]

File with: DCSS — POP Unit, P.O. Box 419070, Rancho Cordova, CA 95741-9070. Copy served on the other signatory at [________________________________].

B. PETITION TO SET ASIDE VOLUNTARY DECLARATION OF PARENTAGE (Post-60 days)

Petitioner alleges:

1. The VDOP at issue was executed on [__/__/____] and filed [__/__/____].
2. Two-year window: This Petition is filed within two years of the effective date of the VDOP (Fam. Code § 7575(b)(1)).

3. Grounds (check applicable):
   ☐ Fraud — Specific misrepresentations: [________________________________]
   ☐ Duress — Coercive circumstances: [________________________________]
   ☐ Material mistake of fact — Mistaken belief regarding genetic parentage: [________________________________]

4. Genetic testing under Fam. Code § 7551 ☐ has been conducted (results attached) ☐ is requested.

5. Setting aside the VDOP is in the best interest of the child considering the factors in Fam. Code § 7575(b)(2)(A)-(F).

Relief Requested: Order setting aside the VDOP and adjudicating non-parentage; ordering amendment of birth certificate; terminating any child-support obligation arising from the VDOP.

Signature: _________________________ Date: [__/__/____]

PART 10 — ICWA (INDIAN CHILD WELFARE ACT) INQUIRY

DECLARATION OF ICWA INQUIRY (25 U.S.C. § 1903; Cal. Fam. Code § 170)

The undersigned has inquired of the parties, extended family, and other reasonably available sources whether the child is or may be a member of, or eligible for membership in, a federally recognized Indian tribe.

☐ The child has NO known Indian ancestry. Based on inquiry, the child is not an Indian child as defined by 25 U.S.C. § 1903(4), and ICWA does not apply.

☐ The child MAY have Indian ancestry. Information provided:
Tribe(s): [________________________________]
Tribal enrollment / band: [________________________________]
Source of information: [________________________________]

☐ Inquiry incomplete. Further inquiry will be conducted with: [________________________________]

If ICWA may apply:

• Notice (ICWA-030) shall be served on the identified tribe(s), the parent(s), Indian custodian (if any), and the Bureau of Indian Affairs by registered mail, return receipt requested, not less than 10 days before any hearing (25 U.S.C. § 1912(a)).
• The tribe has the right to intervene at any point in the proceeding (25 U.S.C. § 1911(c)).
• Proceedings shall comply with active-efforts and placement-preference standards of 25 U.S.C. §§ 1912(d), 1915 to the extent applicable.

I declare under penalty of perjury under the laws of California that the foregoing is true and correct.

Dated: [__/__/____] Signature: _________________________
[DECLARANT NAME]

SOURCES AND REFERENCES

• California Family Code §§ 7570-7577 (Voluntary Declaration of Parentage)
• California Family Code §§ 7600-7730 (Uniform Parentage Act, as amended by AB 2684 (2018) and AB 2960 (2018))
• California Family Code § 7611 (Presumed parent)
• California Family Code § 7551, § 7555 (Genetic testing; presumption from results)
• California Family Code § 7612(c) (More than two legal parents)
• California Family Code § 7575 (Challenge to VDOP)
• California Health & Safety Code §§ 102725, 102760 (Birth-certificate amendment)
• Judicial Council Forms: FL-200, FL-210, FL-105, FL-115, FL-117, FL-165, FL-180/FL-250, FL-190
• DCSS Form CS 909 / DCSS 0909 (VDOP); DCSS 0915 (Rescission)
• California Self-Help: https://selfhelp.courts.ca.gov/VDOP
• 25 U.S.C. §§ 1901-1963 (Indian Child Welfare Act); Cal. Welf. & Inst. Code § 224.2

END OF CALIFORNIA PATERNITY / PARENTAGE PETITION + ESTABLISHMENT ORDER FILING PACKET