Signatory's challenge to voluntary declaration of parentage (fraud, duress, material mistake of fact)
24 months after effective date of the voluntary declaration of parentage (fam. code 7573(c)), under Cal. Fam. Code 7576(a)-(b).
Rule text
After the period for rescission provided in Section 7575 expires, but not later than two years after the effective date provided in subdivision (c) of Section 7573 of a voluntary declaration of parentage, a signatory of the voluntary declaration of parentage may commence a proceeding to challenge the declaration on the basis of fraud, duress, or material mistake of fact.
Calculate this deadline
- Trigger (Effective date of the voluntary declaration of parentage (Fam. Code 7573(c))): Friday, November 6, 2026.
- Add 24 months: Monday, November 6, 2028.
Cal. Fam. Code 7576(a)-(b)
After the period for rescission provided in Section 7575 expires, but not later than two years after the effective date provided in subdivision (c) of Section 7573 of a voluntary declaration of parentage, a signatory of the voluntary declaration of parentage may commence a proceeding to challenge the declaration on the basis of fraud, duress, or material mistake of fact.Official source
Cal. Code Civ. Proc. 12, 12a, 10; Cal. Rules of Court, rule 1.10 (applied in family law by Fam. Code 210)
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a: "(a) If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays.(b) This section applies to Sections 659, 659a, and 921, and to all other provisions of law providing or requiring an act to be performed on a particular day or within a specified period of time, whether expressed in this or any other code or statute, ordinance, rule, or regulation." CCP 10: "Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135." CRC 1.10(a): "The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or other legal holiday, and then it is also excluded." CRC 1.10(b): "Unless otherwise provided by law, if the last day for the performance of any act that is required by these rules to be performed within a specific period of time falls on a Saturday, Sunday, or other legal holiday, the period is extended to and includes the next day that is not a holiday." Fam. Code 210: "Except to the extent that any other statute or rules adopted by the Judicial Council provide applicable rules, the rules of practice and procedure applicable to civil actions generally, including the provisions of Title 3a (commencing with Section 391) of Part 2 of the Code of Civil Procedure, apply to, and constitute the rules of practice and procedure in, proceedings under this code."Official source
- Companion to existing rules vdop_rescission (7575, 60 days) and vdop_challenge_nonsignatory (7577(d)). Window opens when the 7575 rescission period ends. Limitation does not apply if the declaration is void under 7573.5 (7576(b)). Operative Jan. 1, 2020 (Stats. 2018, ch. 876).
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Effective date of the voluntary declaration of parentage (Fam. Code 7573(c)) on Monday, March 15, 2027, personal service: due Thursday, March 15, 2029.
- Trigger (Effective date of the voluntary declaration of parentage (Fam. Code 7573(c))): Monday, March 15, 2027.
- Add 24 months: Thursday, March 15, 2029.
Notes
Companion to existing rules vdop_rescission (7575, 60 days) and vdop_challenge_nonsignatory (7577(d)). Window opens when the 7575 rescission period ends. Limitation does not apply if the declaration is void under 7573.5 (7576(b)). Operative Jan. 1, 2020 (Stats. 2018, ch. 876).
Related deadlines
- Rescind voluntary declaration of parentage (60 days after)
- Challenge to voluntary declaration of parentage by non-signatory (24 months after)
- Action to challenge parentage of spouse presumed parent under Fam. Code 7540 (file and serve) (24 months after)
- Motion to set aside judgment of parentage based on genetic testing (24 months after)
- Parentage genetic testing: request recalculation of relationship index using different ethnic/racial group within 30 days after receipt of report (30 days after)
- LCSA administrative order for genetic testing: seek court relief before the test or within 10 days after tests are scheduled (10 days after)
- Set-aside of parentage judgment (Fam. Code 7646 proceedings): seek relief from LCSA genetic test order before tests or within 10 days after scheduled (10 days after)
- VDOP signed by a minor parent: establishes parentage 60 days after both signatories are 18 or emancipated (60 days after)
Local rules by county
County local rules and courtroom procedures can add to or change this deadline. Pick a county to calculate with them applied.
- Alameda
- Alpine
- Amador
- Butte
- Calaveras
- Colusa
- Contra Costa
- Del Norte
- El Dorado
- Fresno
- Glenn
- Humboldt
- Imperial
- Inyo
- Kern
- Kings
- Lake
- Lassen
- Los Angeles
- Madera
- Marin
- Mariposa
- Mendocino
- Merced
- Modoc
- Mono
- Monterey
- Napa
- Nevada
- Orange
- Placer
- Plumas
- Riverside
- Sacramento
- San Benito
- San Bernardino
- San Diego
- San Francisco
- San Joaquin
- San Luis Obispo
- San Mateo
- Santa Barbara
- Santa Clara
- Santa Cruz
- Shasta
- Sierra
- Siskiyou
- Solano
- Sonoma
- Stanislaus
- Sutter
- Tehama
- Trinity
- Tulare
- Tuolumne
- Ventura
- Yolo
- Yuba
Rules current as of 2026-10-23. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.