What is a Voluntary Declaration of Parentage
Voluntary Declaration of Parentage (VDOP)
A voluntary declaration of parentage or paternity is a court form that, when signed by both parents, establishes them as the legal parents of the child.
The Form is Voluntary
The form must be signed voluntarily. No one can force either person to sign the form. The purpose of the declaration of parentage or paternity is to officially and legally establish who the parents of the child are when the parents are not married to each other.
A properly signed declaration of parentage or paternity has the same effect as a court order establishing parental relationship for the child.
Unmarried Parents Who Sign Establish Legal Parentage
When both unmarried parents sign a declaration of parentage or paternity, it means they are the legal parents of the child. This form is voluntary, not mandatory.
Signing the Form Gives Up Rights
Signing a declaration of parentage means the parent gives up their rights to:
- DNA testing;
- Have a trial in court to decide the issue of parentage;
- Have notice of any hearing on the issue of parentage;
- Have the opportunity to present their case to the court, including the right to present and cross-examine witnesses
Be Careful – It is difficult to undo Establishment of Parentage
If there is any doubt as to parentage (if you suspect paternity fraud), do not sign this form.
Even if DNA tests later reveal you are not the biological father, it can be difficult to undo the establishment of parentage.
If You Change Your Mind After Signing VDOP
If you or the other parent change your mind after signing the declaration of paternity, you must complete a California Voluntary Declaration of Parentage (VDOP) Rescission to rescind (cancel) the declaration of parentage.
The rescission form must be filed with the Department of Child Support Services within 60 days from the date of signing the declaration of parentage. Only one parent needs to sign and file the form, but the other parent must be formally notified by certified mail with a return receipt requested.
Generally, to cancel a declaration of parentage or paternity, the request must be made within 2 years of the date the declaration was filed with the Department of Child Support Services. In addition, one of the parents must prove they signed the declaration because of fraud, mistake, or coercion.
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