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HomeFamily CodeDiv. 12Pt. 3Ch. 4Art. 1.5§ 7646 Challenging Non-Genetic Parentage Judgments

§ 7646 Challenging Non-Genetic Parentage Judgments

Family Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 7646 Challenging Non-Genetic Parentage Judgments

Key Takeaways

  • •If a man is legally called the dad but a DNA test shows he’s not the real dad, he can ask a court to say he’s not the dad anymore.
  • •He has to ask within 2 years of finding out about the court decision or the case that said he’s the dad.
  • •If he was called the dad because he didn’t show up in court before 2005, he had to ask between 2005 and 2006.
  • •This rule doesn’t apply if the mom was married when the kid was born, if the dad agreed to be the dad in writing, or if the case is too old.

Example

A man was told by a court that he is the dad of a kid and has been paying child support. Later, he finds out through a DNA test that he is not the real dad.

He can go back to court and ask to be removed as the legal dad, but he has to do it within 2 years of finding out about the court decision that said he was the dad.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 7646 Challenging Non-Genetic Parentage Judgments

(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. (b) Subdivision (a) does not apply if the child is presumed to be a child of a marriage pursuant to Section 7540, the previously established parent is a parent under Section 7613 or 7962, or the action is barred by paragraph (2) of subdivision (a) of Section 7630. (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 untimely. (3) The request for reconsideration of the motion is filed on or before December 31, 2009. (Amended by Stats. 2019, Ch. 115, Sec. 93. (AB 1817) Effective January 1, 2020.)

Last verified: January 21, 2026

Key Terms

judgmentmotionconsiderationmarriagenetexistence

Related Statutes

  • § 2346 Correcting Unfiled Divorce Judgments
  • § 2031 Temporary Attorney Fees Orders
  • § 2107 Failure To Serve Disclosures
  • § 7541 Genetic Parentage Challenge Time Limit
  • § 2348 Marriage Judgment Reporting

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Family Code. Section 7646.
View Official Source