CALIFORNIA FAMILY LAW
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Custody and Visitation
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Paternity/Surrogacy Issues
.........Voluntary Declarations
12 Cards On This Topic:
Voluntary declarations of parentage; Legislative intent.
Hospitals required to give unmarried parents voluntary declarations of parentage; other agencies required to assist.
Informational materials to be attached to Voluntary Declaration of Paternity.
Written or on the record stipulation of paternity for purposes of ex parte custody restraining order is without prejudice to ultimate determination of paternity.
Trial ct. had the authority to set aside VDP where mother lied about D being the only possible father, and blood tests showed he was not; competing paternity presumptions properly resolved in P’s favor.
PF's voluntary declaration of paternity trumped H's presumed father status under FC 7611(d) despite inequities; presumed fatherhood based on VDP is not to be weighed against other FC 7611 presumptions.
Biological F's voluntary declaration of paternity functioned as a judgment of paternity under FC 7573, trumping ex-boyfriend's rebuttable paternity presumption under FC 7611 (d).
If motion to set aside paternity judgment based on voluntary declaration untimely, court may not set aside judgment based on equitable powers absent extrinsic fraud.
Order setting aside voluntary declaration reversed where presumed F who signed it not joined in proceedings; unless he asserts position causing change of ruling, court "can and should" enter new order setting aside declaration.
County had standing to bring motion to set aside voluntary declaration of paternity.
No abuse of discretion in implied finding that mother was sufficiently diligent in filing CCP 473 motion to set aside voluntary declaration of paternity.
Where parties make prima facie showing that father executed a voluntary declaration of paternity, they are permitted to rely on EC 664 that official duty was regularly performed; burden shifts to DSS to rebut presumption.