A voluntary declaration of parentage (VDOP) is a legal process in California that enables an unmarried birth parent and the other parent to legally establish a parent-child legal relationship to a child born in California. California’s Parentage Opportunity Program (POP) is a voluntary program designed to establish parentage and legal recognition, allowing eligible parents to formalize their legal relationship to a child born in the state. By signing a VDOP form, both the birth parent and the other parent acknowledge and accept their roles as the legal parents of the child born, thereby securing equal rights and responsibilities that come with parenthood. Establishing parentage is essential for child support services, custody, visitation rights, and other legal benefits related to the child’s well-being, and ensures the recognition of the parent’s legal relationship.

In California, both parents’ signatures must be witnessed by an authorized agency, such as a local child support agency or other approved witnessing organization, for the VDOP to be legally valid. The VDOP is typically completed shortly after the child’s birth, and once the filed voluntary declaration is processed, the parents’ names are added to the child’s birth certificate. If the VDOP is signed at the hospital, the non-birth parent’s name can also be added to the child’s birth certificate at that time. The legal parent-child relationship is established with the same force and effect as a parentage issued by a court order. The VDOP only pertains to biological parents who are unmarried at the time of the child’s birth, though it can also accommodate situations involving assisted reproduction, such as egg donation.

If disputes about parentage arise or if either parent wants to confirm the child’s paternity, a genetic test may be requested to establish the only possible genetic father relationship. The VDOP process significantly decreases the time and cost compared to court proceedings for establishing parentage and legal recognition. However, the VDOP is not available if the birth parent has a spouse at the time the child is born. Paternity cases can be complex, and obtaining legal assistance can help ensure that the best interests of both the child born and the parents are upheld.

Introduction to Voluntary Declaration

The Voluntary Declaration of Parentage (VDOP) is a vital tool for unmarried parents in California who wish to establish legal parentage free of charge. Through the Parentage Opportunity Program (POP), eligible parents can complete and sign a VDOP form, which serves as a voluntary declaration of parentage and carries the same force and effect as a court-issued judgment. This government form offers a straightforward and cost-effective alternative to the expensive court process, allowing parents to establish a legal parent-child relationship without the need for litigation.

By signing the VDOP, parents ensure that their child’s birth certificate accurately reflects their equal right to legal parentage, which is essential for accessing a range of benefits. These include social security, inheritance rights, family medical history, and eligibility for child support services for a child through assisted reproduction. The process is designed to be accessible: both parents must sign the VDOP form in the presence of an authorized witnessing agency, such as a local child support agency or a notary public, ensuring that the signatures are properly witnessed and the declaration is legally valid.

California’s Parentage Opportunity Program (POP), a voluntary program administered by the California Department of Child Support Services, makes it easy for eligible parents—including unmarried birth parents and those who have had a child through assisted reproduction—to establish parentage. The VDOP form is available free of charge from your local child support agency or online, and once filed, it has the same effect as a court order, granting both parents equal responsibility and rights regarding their child.

It is important for parents to be certain about the child’s parentage before signing the VDOP. If there is any uncertainty, genetic testing can be requested to confirm the only possible genetic father before completing the declaration of parentage VDOP. Once the VDOP is signed and filed, it establishes the legal parent-child relationship, providing security and support for the child’s future.

For more information about how to establish parentage, access child support services, or obtain the VDOP form, parents are encouraged to contact their local child support agency or visit their office today, as well as the California Department of Child Support Services website. The Parentage Opportunity Program (POP) offers a voluntary, efficient, and free way to establish legal parentage, significantly decreasing the time and money required compared to traditional court proceedings.

Legal Establishment of Parentage for Unmarried Parents Who Sign

In California, a Voluntary Declaration of Parentage (VDOP) is a legal document that two parents can sign as a voluntary declaration of parentage to establish a parent-child relationship without going to court. This document is especially beneficial for unmarried parents who want to create a legal bond between a child and a parent, ensuring that both parents have equal responsibility for the child’s care and well-being. The VDOP provides a simple and free way to establish legal parentage, making it significantly easier than going through a court process while providing the same legal protections.

The VDOP can be completed at a local child support agency or other authorized witnessing agency, where both parents must be present to sign the document. There is no cost associated with using this form, making it accessible to all eligible families. Parents must be careful, as certain criteria must be met before signing the VDOP. Only unmarried women who gave birth to the child and another person who is a genetic parent, or a married or unmarried woman who gave birth to the child and another person who is a genetic parent, can sign a VDOP. While there are no age requirements for signing the VDOP, it is not legally valid until both parents are at least 18 years old, and any disputes may have to be resolved in the local superior court.

Upon signing the VDOP and filing it with the state, both parents are granted legal rights and responsibilities toward their child. These include obligations related to child support, custody, and visitation, as well as ensuring that the child receives benefits they are entitled to, including social security and child support services. The VDOP also ensures that the child’s birth certificate accurately reflects the correct parentage, which is essential for a range of purposes, including establishing legal identity and accessing various benefits, without the need for an expensive court process.

The Voluntary Declaration of Parentage provides an accessible way for unmarried parents in California to establish legal parentage free of charge without resorting to court proceedings. This process not only solidifies the bond between parent and child but also ensures that both parents are legally responsible for the welfare and support of their child, including those conceived through assisted reproduction such as egg donation, while providing a pathway to establish parentage without the need for genetic testing, which can be a lengthy and expensive process.

Implications of Signing: Relinquishing Rights

Signing a Voluntary Declaration of Parentage (VDOP) in California establishes a legal parent-child relationship between a child and a parent. This legal document has significant implications when it comes to relinquishing certain rights associated with parenthood, such as the voluntary declaration of paternity VDOP in California, while simultaneously creating important legal obligations and benefits.

Right to genetic testing: When signing a VDOP, both parents give up their right to genetic testing to establish paternity, acknowledging their belief that the individual named as the father is the biological parent of the child. By signing the form, they are acknowledging their belief that the individual named as the father is the biological parent of the child, and no additional tests are needed.

Right to a court trial: By voluntarily establishing paternity, parents give up their right to have a court determine the child’s legal parentage. This means that they are foregoing any opportunity to contest the paternity claim in court, especially if one parent has a spouse. If any doubts or disputes arise in the future, it may be more difficult to challenge the legal parentage established by the VDOP.

Custody and visitation rights: Establishing legal parentage through a VDOP does not automatically grant custody or visitation rights to the father. However, as a legal parent, he now has the right to request custody and visitation through the court system, which has the same effect as legal orders  It is important to note that the court considers the best interests of the child when making such decisions, and parents can work to establish a visitation schedule and custody arrangement that ensures the child’s needs are met.

Child support obligations: Signing a VDOP establishes the legal responsibility of both parents to financially support the child, creating equal responsibility for the child’s care and well-being. While it does not automatically initiate a child support or wage garnishment process, it does create the legal foundation for child support services to help establish and enforce filed voluntary declaration orders. If the child’s needs are not met, either parent can request child support through the California Department of Child Support Services.

Cautionary Note: Challenges in Undoing Parentage Establishment

In California, a Voluntary Declaration of Parentage (VDOP) is a legal document signed by two parents, specifically two unmarried parents, to establish a legal parent-child relationship for their child. Signing this document is a simple process, but undoing it can be challenging.

The main reason for the challenges lies in the fact that once a VDOP is signed, the person who signed as the child’s parent gets the same legal rights and responsibilities as a parent established by a court order. This includes child support and custody obligations, similar to those in a parentage issued by a court. It is crucial to understand that a VDOP carries significant legal consequences and should not be signed without careful consideration.

If the parents change their minds and wish to cancel or rescind the VDOP, they face a very short window of opportunity. According to California law, each parent has the right to cancel the VDOP within 60 days of signing the document or before a court order is issued related to the child, whichever comes first. After this 60-day rescission period, the VDOP becomes final and legally binding, making it difficult to challenge.

After this 60-day window, the process to challenge or undo a VDOP becomes more complicated and requires legal intervention. To challenge the VDOP, the person filing the challenge must prove one of the following in court, while also considering their right to a court trial.

  1. A mistake of fact – This can include circumstances where signatories were unaware of certain facts, such as the child’s biological father not being named as the parent.
  2. Fraud – If a parent signed the VDOP based on false information or the other parent’s deceit, the court may consider this as grounds to challenge the VDOP.
  3. Duresse – If a parent was threatened or coerced to sign the VDOP, they might argue that signing was due to duress.

However, overcoming these hurdles may require going to the local superior court, and legal assistance can be both expensive and time-consuming. Additionally, even if a court order does vacate the VDOP, the person seeking the change might still be obligated to pay child support and other responsibilities they have incurred during the time the VDOP was valid.

It is essential for parents considering signing a VDOP to fully understand their rights, responsibilities, and consequences that come with this legal document. Consulting a family law attorney or seeking guidance from relevant agencies and resources, such as visiting their office today, before signing a VDOP, is advisable to avoid potential challenges in the future.

What to Do If You Change Your Mind After Signing VDOP

A Voluntary Declaration of Parentage (VDOP) is a legal document that establishes the legal parent-child relationship between a child and their parent in California. Once signed, the VDOP is filed with the California Department of Child Support Services, and it is essential to understand the next steps in ensuring that the legal parentage is properly established and that the child’s records are updated accordingly.

If you have signed a VDOP and changed your mind regarding the child’s parentage, it is important to know that you have a limited amount of time to rescind the document. Here are the steps you should follow:

  1. Act quickly: You generally have 60 days from the date of signing the VDOP to rescind it. If you’re within this timeframe, proceed to step 2. If more than 60 days have passed, you may need legal assistance to dispute parentage through the court system.
  2. Obtain the rescission form: To rescind a VDOP, you need to complete a rescission form, which is available from the California Department of Child Support Services.
  3. Fill out the form: Fill out the form completely and accurately. Be sure to include all the required information, such as your name, the child’s name, and the date you signed the original VDOP.
  4. Sign and submit: Sign the rescission form in front of a notary public or other authorized person. After signing, mail the original form to the address provided in the form’s instructions within the 60-day timeframe.

Please note that both parents must agree to rescind the VDOP. If only one parent wishes to rescind the declaration, they may have to seek legal assistance for disputing parentage through the court system. It is also essential to ensure that the child’s birth certificate is updated to reflect any changes in parentage by contacting the California Department of Public Health for a new birth certificate that reflects the updated information.

Keep in mind that rescinding a VDOP may affect the child’s right to financial support, inheritance, and other legal rights. It’s recommended that you consult with an attorney before taking action to ensure you understand all potential consequences and that you contact your local child support agency for guidance on the implications for child support services and benefits.