Signing a Voluntary Declaration of Parentage makes you the legal father of the child the moment the form reaches the California Department of Child Support Services. It has the same weight as a court order signed by a judge. Support obligations, custody rights and inheritance rights are attached immediately. California doesn’t allow you to undo this, but only through two narrow channels, and both are closed sooner than most fathers expect.

The Declaration Works Like a Court Judgment

No hearing happens. No genetic testing is done. Once the declaration is filed, the other parent or the child support agency can use it to start a support case, and the family court will treat you as the child’s parent in any custody dispute that follows.

Most men sign at the hospital, sometimes within hours of the birth, when nobody is reading paperwork carefully. The form takes a minute to complete. Its effect lasts until a judge says otherwise.

You Have 60 Days to Rescind Without Giving a Reason

Either signer can cancel the declaration by filing a rescission form with the Department of Child Support Services within 60 days of the latter signature. Family Code Section 7575 sets the deadline and procedure. You do not need the other parent’s consent, and you do not have to explain yourself.

Two things can trip people up when filling out the form:

• The form must include a sworn statement that you have mailed a copy of the form to the other party using a service that provides a receipt. This receipt will be attached when you submit the form.
• If a court has already issued an order on custody, visitation, or child support in a previous case where you were involved, the option to rescind the order is no longer available, even if there are still days remaining on the clock.

After 60 Days, You Need Fraud, Duress, or a Material Mistake of Fact

Family Code section 7576 provides a signer with two years from the effective date of the declaration to request a court to set aside the agreement, and only for one of three reasons: fraud, duress, or a material mistake of fact. This clock starts from the effective date and does not reset on the day when you discover the truth.

Genetic testing matters here, though not in the way most people assume. A DNA test result excluding you is evidence of a factual mistake. It is not a separate basis for relief on its own, and judges carefully consider what you knew when you signed. Signing when you already had doubts significantly weakens an argument based on a mistake.

The request is filed on the Judicial Council Form FL-280. Any existing support order remains enforceable while it is pending.

Some Declarations Are Void From the Start

The two-year limit doesn’t apply to a declaration that was never valid. Under Family Code section 7573.5, a declaration is void if, at the time of signing, the child had a presumed parent, such as the mother’s spouse, or a court had issued a judgment of paternity, or another valid declaration had been filed.

Declarations signed before January 1, 2020 are governed by the older version of the statute, which linked genetic testing to the child’s second birthday. The date of signing determines which rules apply to you.

Someone Else Can Challenge Your Declaration

An alleged biological father or competing presumed parent can petition to have a declaration they never signed undone, generally within two years of the effective date. The court will only grant it if it serves the child’s best interests, considering the child’s age, the length of time the declaration has been in effect, and the nature of your relationship with the child. The person making the petition bears the burden of proving their case. A strong bond between father and child is often what overcomes the challenge.

Bring Us the Declaration and the Dates

At Roberts & Zatlin, we concentrate our entire practice on California family law. Paternity questions like these come across our desks constantly. Tell us when you signed and what you were told. We will explain what window is still open and whether filing will help or hurt you. Contact us to schedule a free consultation before the deadline passes.