California Family Code

§ 7646

FAM § 7646 Effective Jan 1, 2020Div. 12 · Part 3 · Ch. 4 · Art. 1.5

Statute text

(a)Notwithstanding any other law, a judgment establishing parentage may be set aside or vacated upon a motion by a previously established parent, 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 genetic father of the child. The motion shall be brought within one of the following time periods:

(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 the father’s parentage 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 parentage, whichever is first, except as provided in paragraph (2).

(2)In the case of a 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.

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Legislative history

Amended by Stats. 2019, Ch. 115, Sec. 93. (AB 1817) Effective January 1, 2020.