How to Order Someone to Take a Paternity Test in California

It's essential to establish paternity before seeking child support.

The father of a child born in California to unwed parents does not have legal rights or responsibilities. This is important because it will be impossible for the mother to get child support unless paternity is established. Both parents together can file a voluntary Declaration of Paternity, but if the supposed father is unwilling, he can be sued and ordered by a court to get a paternity test.

Instructions

1. Download and complete a Petition, Summons and Uniform Declaration. From the California Courts Self-Help website, you can download the Petition to Establish Parental Relationship (FL-200), Summons (FL-210), and Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (FL-105).

2. File the forms with the clerk of the Family Division of your local superior (state) court. A filing fee will be required unless you qualify for a fee waiver due to extraordinary financial hardship. A copy of the forms must be served upon the alleged father by a process server, sheriff or any responsible person over 18, and an affidavit of service filed with the court.

3. Wait for response. If the alleged father files a response, he can request a blood test to verify whether he is the father. If he doesn't respond, he will default. The court can still issue an order to get a blood test or can summarily decide paternity without a test, but it probably will require additional attempts to locate the father first.

4. Move for a paternity test. If the father does not request a paternity test in the response, the California Family Code allows a party to any civil suit where paternity is a relevant factor to file a motion requesting a genetic test.

5. Make sure the paternity test is admissible. All hospitals and welfare offices are required to be able to make genetic tests, but not all paternity tests are admissible in court. To produce an admissible test result, the laboratory must be properly accredited and must follow strict chain-of-custody guidelines.

Tips & Warnings

• Consult a lawyer if the father or the child lives outside of California, since this adds procedural complications to your case. Even if everyone is in California, you may choose to get some help in obtaining a court-ordered paternity test. The Paternity Opportunity Program (POP) linked in the Resources section of this article can file a petition for paternity on your behalf.

References

• CA Family Code: Section 7550 - 7558
• CA Courts: Finishing Your Case
• CA Department of Child Support Services: Establishing Paternity FAQ

Resources

• CA Department of Child Support Services: POP
• CA Courts: Paternity Suit Forms
• CA Courts: Ask Your Local Child Support Agency to Establish Parentage