Steven N. v. Priscilla C.

Filed 3/26/

CERTIFIED FOR PUBLICATION

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

Steven N., D085731

Plaintiff and Respondent,

v. (Super. Ct. No. 24FL009009C)

Priscilla C.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Rebecca Church, Judge. Appeal treated as a petition for writ of mandate; petition granted. Cage & Miles, John T. Sylvester; Law Offices of Alexandria Jones and Alexandria Jones for Appellant Priscilla C. Yvonne M. Rizzo for Respondent Steven N.

This case calls upon us to determine whether the trial court erred in refusing to set aside a voluntary declaration of parentage (VDOP) pertaining to a young child. California law generally permits an unmarried woman who gives birth to a child and another person who is the child’s genetic parent to sign a VDOP to establish parentage. (Fam. Code, § 7573, subd. (a)(1).) 1 A VDOP is void, however, if, at the time of its execution, a third person is already a presumed parent to the child under section 7611, subdivisions (a) or (b). (§ 7573.5) Section 7611, subdivision (a)…