California Family Code Section 7646
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California Laws > Family Code > California Family Code Section 7646
7646. (a) Notwithstanding any other provision of law, a judgment
establishing paternity may be set aside or vacated upon a motion by
the previously established mother of a child, the previously
established father of a child, 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 biological 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 him as the father 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 paternity, whichever is first, except as provided in
paragraph (2) or (3) of this subdivision.
(2) Within a two-year period commencing with the date of the child'
s birth if paternity was established by a voluntary declaration of
paternity. Nothing in this paragraph shall bar any rights under
subdivision (c) of Section 7575.
(3) In the case of any 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.
(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
(3) The request for reconsideration of the motion is filed on or
before December 31, 2009.
Last modified: February 22, 2013