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You are here: Families & Children > Parentage > How to Establish Parentage > Sign a Voluntary Declaration of Paternity
When both unmarried parents sign a Declaration of Paternity, it means they are the legal parents of the child. Signing a Declaration of Paternity is voluntary.
The parents can sign a declaration at the hospital or can get forms at their county's
Most offices also have a videotape explaining how the Voluntary Declaration of Paternity works.
Forms are available in English and Spanish. Click here to see a sample of this form and to get more information about voluntary declarations of paternity  .
If the parents sign at the hospital, the father's name will go on the child's birth certificate, and the mother does not need to go to court to prove who the father of the child is.
If they sign the declaration after the child's birth certificate has been issued, a new birth certificate can be issued with the father's name.
After a signed Declaration of Paternity is filed with the court, the judge can make orders for custody, visitation, and support. Click here for help getting a custody/visitation order. Click here for help getting a support order.
Alert! Once paternity or parentage is established, it can be difficult or impossible to undo-even if blood tests later show that the father is not the parent of the child.
After parentage is established, each parent has:
- An equal responsibility to support the child, and
- An equal right to custody of the child.
If a parent does not meet the support obligation, the custodial parent, guardian, or local child support agency can ask the court to enforce the support orders. If a parent violates the support orders, the judge can give him or her a fine of up to $1,000 and 5 days in county jail for each violation.
Parentage and related support issues are complicated. Talk to your local child support agency , a lawyer, or the family law facilitator in your county for more information. Click here for help finding a lawyer |
In some situations, a court may cancel (called "setting aside") a Voluntary Declaration of Paternity. Click here for help bringing an action to set aside a Voluntary Declaration of Paternity.
To learn more about the Voluntary Declaration of Paternity, go to the Paternity Opportunity Program (POPs) page on the California Department of Child Support Services Web site.
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Last modified: 03/17/2008
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