Legal Question in Family Law in California

Yes. He certainly can.

I'm not so sure I agree with Mr. McCormick. You asked a very interesting question. Here's why:

Normally a Voluntary Declaration of Paternity (VDOP) is signed at the hospital by both parents. But it can also be signed later. A properly signed VDOP has the same effect as a court order establishing paternity for the child, without anyone having to go to court. A VDOP can be rescinded only if either parent files a rescission form with the Department of Child Support Services within 60 days of the date the VDOP was executed.

A VDOP can only be rebutted by genetic testing, but the code is clear that the standing to request testing must be made by the attesting father, meaning the father who signed the VDOP, not the other guy who alleges himself to be the father.

A man alleging himself to be the father would have to file an action before the child turned 2 years old, in order to have standing to set aside the VDOP. "The notice of motion for genetic tests under this section may be filed not later than two years from the date of the child's birth by a local child support agency, the mother, the man who signed the voluntary declaration as the child's father, or in an action to determine the existence or nonexistence of the father and child relationship ...' (Fam. Code, sect. 7575, subd. (b)(3)(A).)