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Technical question about paternity?

San Francisco, CA |

If a child is born and a father signs the birth certificate at the hospital, there is a two year window for anyone to challenge his paternity (aside from situations such as fraud etc.).
However what if the father signs an affidavit of paternity when the child is 3, does the "2 years since birth" rule still apply to challenging paternity? Or is it 2 years from the time of signing the affidavit?

Attorney Answers 2


This is a very complex area of law. Please kn ow that the original intent of all such laws was to protect children and make sure they had two parents-- there was no intention to prevent unfairness to a father.

See link below for much more information.

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I need more information before I answer. I decline to comment for purely academic reasons. Has a man signed a declaration of paternity? If so, when? If not, why is some possible future declaration of paternity mentioned?

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