HS

In granting this petition, we hold that the trial court erred when it ordered genetic testing in a paternity action when real party in interest had no standing as a presumed father other than a voluntary declaration of paternity that was executed and subsequently rescinded by a married woman. When the trial court granted the motion to set aside the declaration, it should have found that the declaration was void and had no effect. Accordingly, we grant the petition for writ of mandate brought by the married couple to vacate the order for genetic testing.

FACTUAL AND PROCEDURAL BACKGROUND

This is a paternity action involving a married couple, who will be referred to as petitioners or husband and wife, and wife’s former lover, S.G.

Husband and wife are from China where they first married. They divorced in Riverside in September 2001, but reconciled and remarried in 2002.

Wife became pregnant in 2005 and gave birth to a daughter, A. At the time wife became pregnant, she and husband were living apart during the workweek but claim that they spent the weekends together. Wife had an affair with S.G. When wife became pregnant, she concealed this fact from husband. She says…