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CALIFORNIA FAMILY CODE
Setting Aside or Vacating Judgment of Paternity
Family Code Section 7646
(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 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, 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.