Learning that a child you raised may not be biologically yours can raise questions about your rights. In California, DNA results alone may not end your legal responsibilities.
You may still be able to challenge parentage after two years, but your options depend on how you became a legal parent. Certain challenges have strict deadlines, making early legal guidance important.
Can raising a child establish legal parentage?
Under California Family Code Section 7611, you may qualify as a presumed parent, meaning the law recognizes you as a parent based on your relationship with the child. This can happen if you welcome the child into your home and openly acknowledge them as your own.
You may challenge presumed parentage with clear and convincing evidence. However, DNA results alone do not automatically overturn this status. There is no specific two-year deadline for this type of challenge.
Different rules apply when a child is born during a marriage. Eligible parties generally have two years after the child’s birth to challenge the spouse’s presumed parentage.
When does the two-year deadline apply?
If you signed a legal document called the Voluntary Declaration of Parentage (VDOP), you established parentage without needing a judge’s ruling. You generally have 60 days to cancel it, although restrictions apply. You generally have two years from the declaration’s effective date to challenge it based on duress (when someone forces you to sign), fraud or a significant factual mistake.
For certain court judgments establishing parentage, Section 7646 allows a challenge based on DNA testing. The deadline is generally two years from when you knew or should have known about the parentage case or judgment, whichever came first. However, Section 7646 does not cover every parentage judgment.
A court may also keep a parentage judgment in place if doing so serves the child’s best interests.
Understanding your legal options before deadlines expire
Whether you signed a declaration or received a court judgment, how you became a legal parent affects your ability to challenge that status. A California family law attorney can review your documents, identify applicable deadlines and explain what legal options remain available to you. Getting clarity early can help you make informed decisions about your rights and responsibilities.