Establishing legal parentage is one of the most important steps for any parent. For unmarried opposite-sex couples in California, the simplest way to establish parentage is by signing a Voluntary Declaration of Parentage, commonly known as a VDOP.
Signing a VDOP gives the biological father the same legal parental rights and obligations as if a court had issued a formal judgment. It works seamlessly for many unmarried heterosexual families — but it does not offer sufficient protection for LGBTQ parents or non-biological parents.
This blog explains what a VDOP is, how it works, why it’s valuable, and why unmarried non-biological parents should always obtain a court order or adoption, even if they sign a VDOP.
What Is a Voluntary Declaration of Parentage?
A Voluntary Declaration of Parentage (VDOP) is a legal document that allows parents to establish parentage without going to court.
It is commonly used when:
- The parents are unmarried, and
- One parent is the biological birth parent, and
- The other parent is the genetic parent of the child.
When properly signed and filed with the state, a VDOP:
- Establishes the signer as a legal parent
- Has the same force and effect as a court judgment
- Can be used to add a parent to the birth certificate
- Is enforceable for custody, visitation, and child support
VDOPs were designed to simplify parentage for opposite-sex unmarried parents when the biological father is present and acknowledges paternity.
VDOP’s Primary Role: Unmarried Opposite-Sex Parents
The VDOP process was primarily designed to streamline the legal establishment of parentage for unmarried couples, typically those who conceived through sexual intercourse.
The Presumption of Paternity
For an unmarried couple, the VDOP allows the man to legally establish that he is the child’s father. By signing the VDOP, he gains all parental rights (custody, visitation, decision-making) and all parental responsibilities (financial support/child support).
This process works because when a woman gives birth, she is the biological and legal mother. The VDOP simply identifies the biological and legal father, establishing the full legal family unit.
- How it Works: The form is available at hospitals, local registrars, or county child support services. Both the mother and the man signing as the father must fill it out completely, sign it under penalty of perjury, and submit it to the California Department of Child Support Services (DCSS).
- Irrevocability: Once filed, the VDOP is generally legally binding and can only be rescinded (canceled) within a very short timeframe (usually 60 days) or challenged later in court under limited circumstances (like fraud or mistake).
The Critical Limitation for Non-Biological Parents
The process that works seamlessly for opposite-sex parents becomes legally complicated when the non-biological parent cannot establish parentage solely based on the VDOP. If you are an unmarried non-biological parent in an LGBTQ+ relationship, you cannot rely on the VDOP alone to secure your parental rights.
This distinction is rooted in how California law addresses parentage established through assisted reproduction outside of a legally recognized marriage or Registered Domestic Partnership (RDP).
The Biological Connection Requirement
For the VDOP to be legally valid for a non-birth parent, that parent must generally be the genetic or biological parent, or the couple must be married/RDP and conceived through assisted reproduction.
- Scenario 1: Opposite-Sex Unmarried: The father signing the VDOP is presumed to be the genetic parent. The VDOP is appropriate.
- Scenario 2: Same-Sex Unmarried (Non-Biological Parent): When a same-sex couple uses sperm donation (or egg donation), the partner who did not give birth is not the genetic parent. Their relationship to the child is established by intent and contract, not biology.
- In this case, the VDOP is legally insufficient because it does not fully address the necessary elements to sever the parental rights of the sperm or egg donor and confirm the full legal parentage of the intended non-biological parent.
- If the relationship ends, the non-biological parent who only signed a VDOP may face a challenge where their rights are seen as less secure than those of the biological parent.
The law requires a clear, final judicial determination—a court order or adoption decree—to establish parentage for the non-biological, non-spousal intended parent who conceived via assisted reproduction.
Although California allows some LGBTQ parents to sign a VDOP, the VDOP system was designed for biological opposite-sex parentage cases. It does not provide the same protection or ease when applied to non-biological parents.
A. The VDOP Does Not Create Truly Secure Nationwide Parentage
A VDOP is a creature of state law, not federal constitutional law.
This means:
- Some states may refuse to recognize it
- Other states may challenge it in custody disputes
- It may be insufficient in states hostile to LGBTQ parentage
- A non-biological parent relying on a VDOP may lose rights outside California
Only court judgments and adoptions have guaranteed interstate recognition under the Full Faith and Credit Clause.
B. The VDOP Does NOT Override Biology in Adversarial Cases
If parentage is later challenged by:
- A known donor
- A biological parent
- A former partner
- A third party
… courts may require more than a VDOP to uphold non-biological parentage.
C. Assisted Reproduction Cases Require Written Consent
If a child was conceived through donor insemination, IVF, or other assisted reproduction methods:
- A VDOP alone does not prove consent
- A donor agreement may also be required
- A court may need to evaluate intent
D. Hospitals and Agencies Often Refuse to Sign VDOPs for LGBTQ Parents
Despite changes in the law:
- Some hospitals will not allow two mothers or two fathers to sign
- Staff may insist that one signer must be a “father”
- The system is still catching up administratively
This leads families to mistakenly believe a VDOP is enough — when it often is not.
Securing Parentage: The Necessary Legal Steps
If you are an unmarried, non-biological parent in California, relying on the VDOP alone leaves your parental rights vulnerable. You must secure your legal standing through one of two court-based methods:
1. The Parentage Judgment (Petition to Establish Parentage)
This is a court process that confirms the intended non-biological parent is, in fact, the child’s legal parent. The key is to address the legal criteria for assisted reproduction.
- The Process: You file a Petition to Establish Parental Relationship (Form FL-200) with the family court. You must present evidence showing the child was conceived via assisted reproduction and that the non-biological parent had the intent to be the child’s parent.
- Sperm/Egg Donor Consent: The court will review the written agreement with the sperm or egg donor (if one was used) to ensure that the donor relinquished all parental rights. California law is very protective of this, stating that a sperm or egg donor is not the legal parent if the sperm/egg was provided to a licensed physician or sperm bank for use in assisted reproduction.
- The Result: The judge issues a Judgment that legally declares both partners as the child’s parents. This court order is mandatory, permanent, and must be recognized by other states.
2. Second-Parent Adoption (The Gold Standard)
The strongest, most durable protection for the non-biological parent is a Second-Parent Adoption (sometimes called a co-parent adoption).
- The Process: This involves a petition to the court where the non-biological parent adopts the child while the birth parent retains all their rights. The birth parent consents to the adoption by their partner.
- Interstate Security: An adoption decree is a federal mandate: it is a final, binding court judgment that must be recognized by all 50 U.S. states under the Full Faith and Credit Clause of the U.S. Constitution.
- Benefits: It provides maximum security against any future legal challenge, especially if the family plans to travel or move out of California to a state with less-friendly family laws.
A VDOP Is Useful — But Not Enough for LGBTQ Families
A Voluntary Declaration of Parentage is a helpful tool for establishing parentage quickly and inexpensively, especially for unmarried biological parents.
But for LGBTQ parents and non-biological parents, a VDOP is not sufficient on its own.
It does not provide nationwide protection, and it does not safeguard against legal challenges.
The safest and most secure approach is to obtain a court-ordered parentage judgment or second-parent adoption.
Minella Law Group Can Help
At Minella Law Group, we help LGBTQ families establish secure, durable legal parentage that protects children no matter where life takes them.
📞 Call Minella Law Group today at 619-289-7948 to schedule a confidential consultation with one of our family law specialists. We’ll listen to your concerns, assess the situation, and create a clear strategy tailored to your goals.
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*Disclaimer: This article is for informational purposes only and does not constitute legal advice. For personalized guidance on your case, contact a licensed California family law attorney