The 2 year time limits are contained in Family Code Sections 7612 and 7646
FAMILY CODE 7612
a) Except as provided in Chapter 1 (commencing with Section
7540) and Chapter 3 (commencing with Section 7570) of Part 2, a presumption
under Section 7611 is a rebuttable presumption affecting the burden of proof
and may be rebutted in an appropriate action only by clear and convincing
(b) If two or more presumptions arise under Section 7611
that conflict with each other, or if one or more presumptions under Section
7611 conflict with a claim by a person identified as a genetic parent pursuant
to Section 7555, the presumption that on the facts is founded on the weightier
considerations of policy and logic controls. If one of the presumed parents is
also a presumed parent under Section 7540, the presumption arising under Section
7540 may only be rebutted pursuant to Section 7541.
(c) In an appropriate action, a court may find that more
than two persons with a claim to parentage under this division are parents if
the court finds that recognizing only two parents would be detrimental to the
child. In determining detriment to the child, the court shall consider all
relevant factors, including, but not limited to, the harm of removing the child
from a stable placement with a parent who has fulfilled the child’s physical
needs and the child’s psychological needs for care and affection, and who has
assumed that role for a substantial period of time. A finding of detriment to
the child does not require a finding of unfitness of any of the parents or
persons with a claim to parentage.
(d) Unless a court orders otherwise after making the
determination specified in subdivision (c), a presumption under Section 7611 is
rebutted by a judgment establishing parentage of the child by another person.
two years of the execution of a voluntary declaration of paternity, a person
who is presumed to be a parent under Section 7611 may file a petition pursuant
to Section 7630 to set aside a voluntary declaration of paternity. The
court’s ruling on the petition to set aside the voluntary declaration of
paternity shall be made taking into account the validity of the voluntary
declaration of paternity, the best interests of the child based upon the
court’s consideration of the factors set forth in subdivision (b) of Section
7575, and the best interests of the child based upon the nature, duration, and
quality of the petitioning party’s relationship with the child and the benefit
or detriment to the child of continuing that relationship. In the event of a
conflict between the presumption under Section 7611 and the voluntary
declaration of paternity, the weightier considerations of policy and logic
(f) A voluntary declaration of paternity is invalid if, at
the time the declaration was signed, any of the following conditions exist:
(1) The child already had a presumed parent under Section
(2) The child already had a presumed parent under
subdivision (a), (b), or (c) of Section 7611.
(3) The man signing the declaration is a sperm donor,
consistent with subdivision (b) of Section 7613.
(g) A person’s offer or refusal to sign a voluntary
declaration of paternity may be considered as a factor, but shall not be
determinative, as to the issue of legal parentage in any proceedings regarding
the establishment or termination of parental rights.
(h) This section shall remain in effect only until January
1, 2020, and as of that date is repealed.
by Stats. 2018, Ch. 876, Sec. 47. (AB 2684) Effective January 1, 2019. Repealed
as of January 1, 2020, by its own provisions. See later operative version added
by Stats. 2018, Ch. 876.)
FAMILY CODE 7646
(a) Notwithstanding any
other provision of law, a
judgment establishing paternity may be set aside or vacated upon a
motion by the previously established mother of a child, the previously
established father of a child, the child, or the legal representative of any of
these persons if genetic
testing indicates that the previously established father of a child is not the
biological father of the child. The motion shall be brought within one of the following
(1) Within a two-year period
commencing with the date on which the previously established father knew or
should have known of a judgment that established him as the father of the child
or commencing with the date the previously established father knew or should
have known of the existence of an action to adjudicate the issue of paternity,
whichever is first, except as provided in paragraph (2) or (3) of this
(2) Within a
two-year period commencing with the date of the child’s birth if paternity was
established by a voluntary declaration of paternity. Nothing in this
paragraph shall bar any rights under subdivision (c) of Section 7575 .
(3) In the case of any previously established father who is the
legal father as a result of a default judgment as of the effective date of this
section, within a two-year period from January 1, 2005, to
December 31, 2006, inclusive.
(a) does not apply if the child is presumed to be a child of a marriage
pursuant to Section 7540 .
(c) Reconsideration of a motion brought under paragraph (3) of
subdivision (a) may be requested and granted if the following requirements are met:
(1) The motion was filed with the court between September 24,
2006, and December 31, 2006, inclusive.
(2) The motion was denied solely on the basis that it was
(3) The request for reconsideration of the motion is filed on or
before December 31, 2009.