Family Code section 7573.5

(a)

A voluntary declaration of parentage is void if, at the time of signing, any of the following are true:

(1)

A person other than the woman who gave birth to the child or a person seeking to establish parentage through a voluntary declaration of parentage is a presumed parent under Section 7540 or subdivision (a), (b), or (c) of Section 7611.

(2)

A court has entered a judgment of parentage of the child.

(3)

Another person has signed a valid voluntary declaration of parentage.

(4)

The child has a parent under Section 7613 or 7962 other than the signatories.

(5)

The person seeking to establish parentage is a donor pursuant to Section 7613.

(6)

The person seeking to establish parentage asserts that the person is a parent under Section 7613 and the child was not conceived through assisted reproduction.

(b)

In an action in which a party is seeking a determination that a voluntary declaration of parentage is void under this section, notice shall be provided pursuant to Section 7635.

Source: Section 7573.5, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=FAM§ionNum=7573.­5.­ (accessed Apr. 24, 2025).

Last Updated

Apr. 24, 2025

§ 7573.5’s source at ca​.gov