Contract Law September 5, 2025

Patriarchy and parental rights in California

Understanding Parentage and Parental Rights in California

Parentage—also called establishing legal parentage—is the legal process that identifies a child’s legal parents. In California, establishing parentage is the gateway to important rights and responsibilities involving custody, visitation, child support, inheritance, and decision-making for a child’s health care and education.

Why Parentage Matters

  • Custody & Visitation: A legal parent can ask the court for custody and parenting time. Judges decide arrangements based on the child’s best interests.

  • Child Support: Both legal parents share a financial duty to support their child. California uses statewide guidelines to calculate support.

  • Benefits & Inheritance: Once parentage is established, a child may qualify for benefits (for example, Social Security or health coverage) and can inherit from a legal parent’s estate.

  • Medical & Education Decisions: Legal parents have rights to access records and make decisions about a child’s health care and schooling.

Note on married parents: If a child is born during a marriage (or in other qualifying circumstances), the spouse is generally treated as a presumed parent under California law.

How Parentage Is Established in California

  1. Voluntary Declaration of Parentage (VDOP):
    Unmarried parents can sign a VDOP at the hospital when the child is born or later. Once filed with the State, a VDOP has the same legal effect as a court judgment of parentage.

    • Canceling a VDOP: Either signer may rescind within 60 days of the latest signature (unless a court order has already been made involving the signer). After 60 days, a court order is generally required to set it aside. Additional timelines may apply if a signer was under 18.

  2. Presumed Parentage by Law:
    California recognizes several presumptions of parentage (including certain marital and “held-out” scenarios in which someone openly acknowledges the child). These presumptions can be strong unless rebutted.

  3. Court Case (Uniform Parentage Act):
    A parent, child, or the local child support agency may file a case to establish parentage. Courts can order genetic (DNA) testing and then issue a judgment of parentage.

Rights and Responsibilities After Parentage Is Established

  • Custody & Visitation: Either legal parent may seek custody or visitation; the court applies the best-interest standard.

  • Child Support: Support is determined under California’s statewide guidelines, considering each parent’s income and other factors.

  • Inheritance & Benefits: A legally recognized parent-child relationship enables inheritance and can unlock public or private benefits.

  • Decision-Making: Legal parents typically share rights to make medical and educational decisions and to access related records.

Common Issues

  • VDOP Challenges: A signed VDOP can be rescinded within the 60-day window; beyond that, a court order is usually required to set it aside.

  • Disputed Parentage: If parentage is in dispute, the court may order DNA testing.

  • Complex Family Structures: Same-sex parents, assisted reproduction, or multiple presumed parents can create intersecting presumptions that require careful analysis.

  • Inheritance Questions: Children of unmarried parents and step-families often need clear documentation to protect inheritance rights.

FAQ

We’re not married—can we avoid court?
Yes, if you both agree. Signing and filing a VDOP establishes parentage without a court hearing.

Can I get DNA testing?
In a court case, the judge may order genetic testing. Local child support agencies also coordinate testing in many matters.

How long do I have to cancel a VDOP?
Generally 60 days from the latest signature—unless a court order has already been made involving the signer. After that, you must ask a judge to set it aside. Special rules may apply if a signer was a minor.

Does establishing parentage affect inheritance?
Yes. A legally established parent-child relationship allows a child to inherit under California law and may enable certain benefits.

How Our Firm Can Help

Parentage questions can be straightforward—or highly complex. We advise on:

  • Choosing the right path (VDOP vs. court case)

  • Challenging or setting aside a VDOP when appropriate

  • DNA-testing strategy and evidence issues

  • Custody, visitation, and child support orders that follow parentage

  • Inheritance and estate-planning implications

Serving clients across California from our Irvine office. Contact us to discuss your situation and options.

Disclaimer: This page provides general information about California law and is not legal advice. Reading it does not create an attorney-client relationship. Laws and procedures change; please consult a qualified attorney about your specific facts.

Helpful Official Resources (for readers):

  • California Courts Self-Help Center: Parentage (Paternity)

  • California Department of Child Support Services: Parentage Opportunity Program (VDOP)

  • California Family Code (Uniform Parentage Act) and Probate Code (parent-child relationship for inheritance)