SB 1260

Bill Subjects

Abstract

(1) Existing law establishes a conclusive presumption that a man is the natural father of a child if he and the natural mother of the child are married and the child is born during the marriage, or if he signs a voluntary declaration of paternity, as provided. Under existing law, these presumptions of paternity may be rebutted by genetic evidence that another man is the biological father of the child. Existing law requires that a motion for genetic tests be filed not later than 2 years after the birth of the child, as specified. Existing law provides that, except as to cases in which paternity is presumed under the conclusive presumption described above, specified persons, including a man alleged or alleging himself to be the father, may bring an action to determine the existence of the father and child relationship. Existing law requires that a motion to set aside a judgment to establish paternity must be brought within a 2-year period, as specified. Under existing law, if the results of genetic tests performed, as specified, indicate that the previously established father is not the biological father of the child, the court may, nevertheless, deny the motion to set aside or vacate a paternity judgment, based on the best interest of the child. This bill would, notwithstanding these provisions, permit the mother of the child, the man who signed the voluntary declaration of paternity, the child, or the legal representatives of any of these persons to bring a motion to set aside a voluntary declaration of paternity based on fraud, duress, or a material mistake of fact within 2 years of the date on which the party bringing the challenge knew or should have known that the man who signed the voluntary declaration was not the biological father. This bill would also prohibit a party, as specified, from bringing a motion to set aside or vacate a judgment establishing paternity if the party knew or should have known that the previously established father was not the biological father at the time of the initial action establishing his paternity. (2) Existing law provides certain factors that a court is required to consider in determining the best interest of the child in actions to set aside a voluntary declaration of paternity or vacate a judgment establishing paternity. These factors include, among others, the nature, duration and quality of any relationship between the man who signed the voluntary declaration of paternity or the previously established father and the child, and any request of the man who signed the voluntary declaration of paternity or the previously established father that the parent-child relationship continue. This bill would require the court to give greater weight to the factors specified above. The bill would also delete certain factors to be considered by the court, including whether the conduct of the previously established father impaired the ability to ascertain the identity of, or get support from, the biological father. The bill would revise other factors the court is required to consider, including the benefit or detriment to the child in establishing parentage in a person other than the previously established father.