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CALIFORNIA PATERNITY - SUMMARY OF STATUTES
(provided by Glen Rabenn, Esq.)
GENETIC TESTING FOR PATERNITY
AMENDED: Family Code 7552.5
ADDED: Family Code 7551.1
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EXISTING: In any action in which the paternity of a minor child is at issue, the court can
order genetic testing. A procedure is set forth for informing the parties of the
results of genetic testing.
NEW: All hospitals, local child support agencies, welfare offices, and family courts are required to facilitate genetic tests for purposes of enforcement of this chapter. This may include having a health care professional available for purposes of extracting samples to be used for genetic testing. If a genetic test reflects a paternity index of 100 or greater, the copy of the results must be accompanied with a voluntary declaration of paternity form.
AMENDED: Family Code 7571, 7572, 7575
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EXISTING: The parents of a child can execute a voluntary declaration of paternity at the
hospital. The form is then to be transmitted to the State Department of
Social Services. Provision is also made for the rescission and setting aside of
the voluntary declaration.
NEW: Staff in the hospital are to witness the signatures of parents signing a voluntary declaration of paternity . The signed declaration to the Department of Child Support Services within 20 days of the date the declaration to the district attorney of the county where the birth occurred was signed. Various references to the State Department of Social Services and the district attorney have been changed to "the Department of Child Support Services" and "the local child support agency," in conformance to the Newly-enacted Statewide child support collection system, discussed above. Publicly funded or licensed health clinics, pediatric offices, Head Start programs, child care centers, social services providers, prisons, and schools may offer parents the opportunity to sign a voluntary declaration of paternity.
The State Department of Social Services must, upon written request, provide to a court or commissioner a copy of any rescission form filed with the department that is relevant to proceedings before the court or commissioner.
Glen Rabenn, Attorney at Law located at
http://www.californiadivorce.com/
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Recommended Resources:
California Divorce Source
California Divorce Laws
California Community Forum
California Divorce Resources
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