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About Legal Fatherhood

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Paternity establishment is the process of determining the legal father of a child. In most cases, when parents are married, paternity is automatically established. However, if the parents are not married when the child is born, paternity establishment is not automatic. In these cases, parents should start the establishment process as soon as possible for the benefit of the child. The Department of Child Support Services offers free paternity establishment through the Paternity Opportunity Program (POP). Paternity can also be established in Family Court.

New Legislation – AB 252

On September 28, 2004, Governor Schwarzenegger signed Assembly Bill (AB) 252 into law. AB 252 allows the court to set aside previously established paternity judgments and related child support orders if the court determines the father named in the court order is not the biological father of the child or children. Go to the Genetic Testing section for more information.