• Facebook
  • Youtube
  • Linkedin
  • Twitter
  • Instagram
  • Vk
Call Us At: (408) 553-0801
Lonich Patton Ehrlich Policastri
  • Home
  • About
    • Why LPEP
    • Our Attorneys
    • Locations
      • San Jose
      • Santa Cruz
      • San Francisco
    • Testimonials
  • LPEP Spotlight
  • Practice Areas
    • Family Law
      • Annulments
      • Certified Family Law Specialists
      • Child Custody and Visitation
      • Child Support
      • Divorce and Your Estate
      • Divorce Litigation
      • Divorce Planning
      • Domestic Partnerships
      • Domestic Violence
      • Enforcement and Modifications
      • Extramarital Affairs
      • Grandparents’ Rights
      • Harassment
      • Legal Separation
      • Mediation and Collaborative Divorce
      • Parental Relocations
      • Paternity
      • Postnuptial Agreements
      • Prenuptial Agreements
      • Property Division
      • Restraining Orders
      • Same Sex Divorce
      • Spousal Support and Alimony
    • Estate Planning
      • Business Succession Planning
      • Power of Attorney
      • Probate
      • Trust Administration
      • Trust and Probate Litigation
      • Trusts
      • Wills
  • FAQ
    • Estate Planning FAQ
    • Family Law FAQ
  • Blog
  • Pay Now
  • Resources
    • Family Law Resources
    • Family Law Terms
    • Estate Planning Resources
  • Contact Us
    • Careers
  • Get a Free Consultation
  • Menu

Posts

How to Establish a Child’s Parentage

June 17, 2016/1 Comment/in Family Law /by Gina Policastri

When a child is born to a married couple, California law automatically establishes both spouses as the child’s parents.  However, while nonmarital births peaked in the late 2000s, four out of every ten children are still born to unmarried women.*  Additionally, nonmarital births are increasingly likely to occur in cohabiting unions.  Yet, even when born to a cohabiting (but unmarried) couple, a child’s parentage is not automatically presumed—he or she will not automatically receive the same benefits that a married couple’s child will receive.  As a result, it is very important that unwed parents legally establish their child’s parentage.

Establishing parentage is important for the parents and the child because it entitles all parties to a host of legal rights and privileges: child support, legal identification documents, both parents’ names on the child’s birth certificate, access to family medical records and history, health and life insurance coverage, the right to inherit, and the right to receive social security and veteran’s benefits.  Additionally, once parentage is established, a court can make orders concerning the above listed rights and privileges and concerning child custody, visitation, name changes, and expense reimbursement.

The parentage of a child born to an unmarried couple can be established by either 1) a voluntary signing of a Declaration of Paternity, or 2) a court order.  First, a Declaration of Paternity can be signed by both parents once the child is born.  The form can be signed at the hospital or at a later date, but to become effective, it must be filed with the California Department of Child Support Services Paternity Opportunity Program.  If signed and filed properly, a declaration form has the same effect as a court order.

Second, if a parent refuses to sign the declaration, an individual, with the help of a family law attorney or through a local child support agency, can go to court to establish parentage.  In California, section 7611 of the Family Code provides several rebuttable presumptions of natural parent status: 1) the presumed parent and the child’s natural mother are married when the child is born, or the child is born within 300 days after the termination of a marriage, 2) before the child’s birth, the presumed parent and the child’s natural mother attempted to marry each other, 3) after the child’s birth, the presumed parent and the child’s natural mother have married or attempted to marry each other, and with consent, the presumed parent is named as the child’s parent on the birth certificate or is obligated to support the child under a written promise or court order, and 4) the presumed parent receives the child into his or her home and openly holds the child out as his or her natural child.  If a court finds that one these presumptions applies, it will issue an order establishing parentage.

Additionally, section 7551 of the California Family Code provides that in civil proceedings where paternity is relevant, the court may order (of its own initiative or upon suggestion by an involved party) that the mother, child, and alleged father submit to genetic tests.  As provided by section 7555 of the California Family Code, if the court finds that the ordered genetic testing establishes paternity to a certain degree verified by experts, there is rebuttable presumption of paternity, and the court may proceed with support and custody orders.

For more information about establishing a child’s parentage in California, especially if you are interested in pursuing child support and/or custody of your child, please contact the experienced family law attorneys at Lonich Patton Erlich Policastri.

Lastly, please remember that each individual situation is unique, and results discussed in this post are not a guarantee of future results.  While this post may detail general legal issues, it is not legal advice.  Use of this site does not create an attorney-client relationship.

Sources:

*http://www.cdc.gov/nchs/data/databriefs/db162.htm

http://www.courts.ca.gov/1201.htm

 

 

https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png 0 0 Gina Policastri https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Gina Policastri2016-06-17 14:23:342021-12-22 20:16:38How to Establish a Child's Parentage
Learn more about estate planning with a free resource
Read all about family law and child custody
Learn more about family law matters such as private divorce counseling.

Categories

  • 2021
  • 2022
  • 2023
  • 2024
  • 2025
  • Business Law
  • Estate Planning
  • Family Law
  • Firm News
  • In the Community
  • News
  • Personal
  • Probate
  • Spotlight

Posts From The Past 12 Months

  • June 2025
  • May 2025
  • April 2025
  • March 2025
  • February 2025
  • January 2025
  • December 2024
  • November 2024
  • October 2024
  • September 2024
  • August 2024
  • July 2024

Explore Our Archives

Free 30-Minute Family Law or Estate Planning Consultation

2 + 6 = ?

Contact Us

LONICH PATTON EHRLICH POLICASTRI

1871 The Alameda, Suite 400, San Jose, CA 95126
Phone: (408) 553-0801 | Fax: (408) 553-0807 | Email: contact@lpeplaw.com

LONICH PATTON EHRLICH POLICASTRI

Phone: (408) 553-0801
Fax: (408) 553-0807
Email: contact@lpeplaw.com

1871 The Alameda, Suite 400
San Jose, CA 95126

Located in San Jose, Lonich Patton Ehrlich Policastri handles matters for clients in northern California, specifically San Jose and Silicon Valley. Our services are available to anyone within the following counties: Santa Clara, San Mateo, Contra Costa, Santa Cruz, Monterey, San Benito, and San Francisco. For a full listing of areas where we practice, please click here.

MAKE A PAYMENT BY SCANNING THE QR CODE BELOW:

DISCLAIMER

This web site is intended for informational purposes only and is not legal advice. Nothing in the site is to be considered as either creating an attorney-client relationship between the reader and Lonich Patton Ehrlich Policastri or as rendering of legal advice for any specific matter. Readers are responsible for obtaining such advice from their own legal counsel. No client or other reader should act or refrain from acting on the basis of any information contained in Lonich Patton Ehrlich Policastri Web site without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue.

About | Why LPEP | Contact | Blog

© 2024 Lonich Patton Ehrlich Policastri. All rights reserved. Privacy Policy

Scroll to top

LPEP COVID-19 Office Protocol