Voluntary Declaration of Parentage in San Diego

A voluntary declaration of parentage (VDOP) is a legal form that creates parentage for a child in California outside of the court system. When both parents sign a VDOP, they both attest that they are the child’s legal parents, which gives the father/second parent all of the rights and responsibilities as if a court had ordered parentage.

In San Diego, most voluntary declarations of parentage are signed at the hospital at the time of birth, but may also be signed later at an office. It is useful for California parents to understand the VDOP process, where to sign a VDOP, and the legal effects of signing to help protect parental rights and provide benefits to the child.

Hire a Family Law Attorney

With decades of combined experience in California family law, we guide clients through every aspect of establishing legal parentage, including Voluntary Declarations of Parentage. Our San Diego team understands the legal significance of the VDOP and how it impacts custody, visitation, and child support rights.

We work closely with parents to ensure the process is completed correctly, address disputes when they arise, and protect the best interests of both the child and the family as a whole.

What a Voluntary Declaration of Parentage Means Under California Law

A Voluntary Declaration of Parentage (VDOP) is a legal form in California by which a child’s parentage is established without court involvement. When signed by both parents, the form legally recognizes that the signers are the child’s legal parents. The voluntary declaration of parentage has the same legal effect as a court order in establishing a parent-child relationship, and gives the parents the same rights and responsibilities.

In San Diego, the form is used primarily when the parents were not married at the time of birth. It is filed with the California Department of Child Support Services and has the same legal effect as a judgment of parentage. It can be used in the future for matters regarding custody, visitation, and child support.

When and Where You Can Sign a VDOP in San Diego

In San Diego, a VDOP can be signed at the hospital at the time the child is born so that both parents’ names are on the child’s birth certificate from the outset. Sharp Mary Birch Hospital for Women & Newborns, Scripps Memorial Hospital La Jolla, and UC San Diego Health – Jacobs Medical Center all have staff members who have been trained to help with this procedure.

Alternatively, if a VDOP is not signed at birth, the form may be signed by both parties at a later time at the San Diego County Child Support Services office or Family Law Facilitator’s Office. Once a VDOP has been filed, it is effective as a matter of California law.

Legal Rights and Responsibilities Created by a VDOP

By signing a VDOP in San Diego, parents can establish important legal rights and obligations for both of them. The parent whose name is on the form can ask for custody and visitation, as well as the legal responsibility to pay financial support. Additionally, it gives the child rights to health insurance, inheritance, and Social Security from both parents.

The VDOP is considered to have the same force as a court order, making it a legally binding agreement. Therefore, obligations like child support can be pursued against a parent who does not meet their obligation. These are only some of the legal consequences that signing a VDOP in San Diego will have. It is very important that you understand these rights in order to protect yourself.

How to Cancel or Challenge a Voluntary Declaration of Parentage

VDOPs can be cancelled or rescinded in California, but only within a specific time frame. In most counties, either parent has 60 days from the date of signing to file a form with the California Department of Child Support Services to rescind or cancel a VDOP. After 60 days, it is only possible to challenge a VDOP under limited circumstances and usually only in the courts.

The most common circumstances in which it may be challenged are if there was fraud, duress, or a material mistake of fact at the time of signing. In San Diego, court challenges usually require a lawyer to file the appropriate documents and meet strict deadlines.

FAQs

Q: How Common Are Live Births in California, and Why Does It Matter for VDOPs?

A: About 32,000 live births occur in California each month as of 2024, the latest provisional data from the Centers for Disease Control and Prevention show. With thousands of babies born into the legal system every month, the importance of the Voluntary Declaration of Parentage (VDOP) becomes clear.

This simple, voluntary form puts legal parentage in place early, often giving San Diego families clarity over rights such as custody, support, and medical decision-making from day one.

Q: Can I Sign a VDOP if I Am Not the Biological Father?

A: A VDOP should not be signed in California unless both parents agree that the father or mother named on the VDOP is, in fact, the biological father or mother of the child in question. Entering into a VDOP under false information can create binding legal responsibilities for the non-biological parent, requiring lifelong child support payments. If paternity is in doubt in San Diego, one should ask for genetic testing before signing a VDOP to prevent later disputes.

Q: What Is the Difference Between a VDOP and Simply Signing a Birth Certificate?

A: In California, merely signing a birth certificate does not establish legal parentage for unmarried parents. A Voluntary Declaration of Parentage (VDOP) is a distinct legal instrument that establishes enforceable rights and obligations under California law. By completing a VDOP in San Diego, a parent is assured legal rights concerning custody, visitation, and support. In the absence of a VDOP, legal parentage might have to be adjudicated by the court.

Contact a San Diego Family Law Attorney

Establishing legal parentage can provide valuable protection of parental rights and a child’s future. At Bickford Blado & Botros, we help San Diego parents complete the Voluntary Declaration of Parentage form with ease and confidence. Call our office today to set up a consultation with a knowledgeable member of our family law team.

 

 

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