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Chapter 2. Establishing Parent And Child Relationship of California Family Law Code >> Division 12. >> Part 3. >> Chapter 2.
The parent and child relationship may be established as
follows:
(a) Between a child and the natural parent, it may be established by proof of having given birth to the child, or under this part.
(b) Between a child and an adoptive parent, it may be established by proof of adoption.
(a) Between a child and the natural parent, it may be established by proof of having given birth to the child, or under this part.
(b) Between a child and an adoptive parent, it may be established by proof of adoption.
A person is presumed to be the natural parent of a child if
the person meets the conditions provided in Chapter 1 (commencing
with Section 7540) or Chapter 3 (commencing with Section 7570) of
Part 2 or in any of the following subdivisions:
(a) The presumed parent and the child's natural mother are or have been married to each other and the child is born during the marriage, or within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce, or after a judgment of separation is entered by a court.
(b) Before the child's birth, the presumed parent and the child's natural mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and either of the following is true:
(1) If the attempted marriage could be declared invalid only by a court, the child is born during the attempted marriage, or within 300 days after its termination by death, annulment, declaration of invalidity, or divorce.
(2) If the attempted marriage is invalid without a court order, the child is born within 300 days after the termination of cohabitation.
(c) After the child's birth, the presumed parent and the child's natural mother have married, or attempted to marry, each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and either of the following is true:
(1) With his or her consent, the presumed parent is named as the child's parent on the child's birth certificate.
(2) The presumed parent is obligated to support the child under a written voluntary promise or by court order.
(d) The presumed parent receives the child into his or her home and openly holds out the child as his or her natural child.
(e) If the child was born and resides in a nation with which the United States engages in an Orderly Departure Program or successor program, he acknowledges that he is the child's father in a declaration under penalty of perjury, as specified in Section 2015.5 of the Code of Civil Procedure. This subdivision shall remain in effect only until January 1, 1997, and on that date shall become inoperative.
(f) The child is in utero after the death of the decedent and the conditions set forth in Section 249.5 of the Probate Code are satisfied.
(a) The presumed parent and the child's natural mother are or have been married to each other and the child is born during the marriage, or within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce, or after a judgment of separation is entered by a court.
(b) Before the child's birth, the presumed parent and the child's natural mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and either of the following is true:
(1) If the attempted marriage could be declared invalid only by a court, the child is born during the attempted marriage, or within 300 days after its termination by death, annulment, declaration of invalidity, or divorce.
(2) If the attempted marriage is invalid without a court order, the child is born within 300 days after the termination of cohabitation.
(c) After the child's birth, the presumed parent and the child's natural mother have married, or attempted to marry, each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and either of the following is true:
(1) With his or her consent, the presumed parent is named as the child's parent on the child's birth certificate.
(2) The presumed parent is obligated to support the child under a written voluntary promise or by court order.
(d) The presumed parent receives the child into his or her home and openly holds out the child as his or her natural child.
(e) If the child was born and resides in a nation with which the United States engages in an Orderly Departure Program or successor program, he acknowledges that he is the child's father in a declaration under penalty of perjury, as specified in Section 2015.5 of the Code of Civil Procedure. This subdivision shall remain in effect only until January 1, 1997, and on that date shall become inoperative.
(f) The child is in utero after the death of the decedent and the conditions set forth in Section 249.5 of the Probate Code are satisfied.
Where Section 7611 does not apply, a man shall not be
presumed to be the natural father of a child if either of the
following is true:
(a) The child was conceived as a result of an act in violation of Section 261 of the Penal Code and the father was convicted of that violation.
(b) The child was conceived as a result of an act in violation of Section 261.5 of the Penal Code, the father was convicted of that violation, and the mother was under the age of 15 years and the father was 21 years of age or older at the time of conception.
(a) The child was conceived as a result of an act in violation of Section 261 of the Penal Code and the father was convicted of that violation.
(b) The child was conceived as a result of an act in violation of Section 261.5 of the Penal Code, the father was convicted of that violation, and the mother was under the age of 15 years and the father was 21 years of age or older at the time of conception.
(a) Except as provided in Chapter 1 (commencing with Section
7540) and Chapter 3 (commencing with Section 7570) of Part 2 or in
Section 20102, a presumption under Section 7611 is a rebuttable
presumption affecting the burden of proof and may be rebutted in an
appropriate action only by clear and convincing evidence.
(b) If two or more presumptions arise under Section 7610 or 7611 that conflict with each other, or if a presumption under Section 7611 conflicts with a claim pursuant to Section 7610, the presumption which on the facts is founded on the weightier considerations of policy and logic controls.
(c) In an appropriate action, a court may find that more than two persons with a claim to parentage under this division are parents if the court finds that recognizing only two parents would be detrimental to the child. In determining detriment to the child, the court shall consider all relevant factors, including, but not limited to, the harm of removing the child from a stable placement with a parent who has fulfilled the child's physical needs and the child's psychological needs for care and affection, and who has assumed that role for a substantial period of time. A finding of detriment to the child does not require a finding of unfitness of any of the parents or persons with a claim to parentage.
(d) Unless a court orders otherwise after making the determination specified in subdivision (c), a presumption under Section 7611 is rebutted by a judgment establishing parentage of the child by another person.
(e) Within two years of the execution of a voluntary declaration of paternity, a person who is presumed to be a parent under Section 7611 may file a petition pursuant to Section 7630 to set aside a voluntary declaration of paternity. The court's ruling on the petition to set aside the voluntary declaration of paternity shall be made taking into account the validity of the voluntary declaration of paternity, and the best interests of the child based upon the court's consideration of the factors set forth in subdivision (b) of Section 7575, as well as the best interests of the child based upon the nature, duration, and quality of the petitioning party's relationship with the child and the benefit or detriment to the child of continuing that relationship. In the event of any conflict between the presumption under Section 7611 and the voluntary declaration of paternity, the weightier considerations of policy and logic shall control.
(f) A voluntary declaration of paternity is invalid if, at the time the declaration was signed, any of the following conditions exist:
(1) The child already had a presumed parent under Section 7540.
(2) The child already had a presumed parent under subdivision (a), (b), or (c) of Section 7611.
(3) The man signing the declaration is a sperm donor, consistent with subdivision (b) of Section 7613.
(g) A person's offer or refusal to sign a voluntary declaration of paternity may be considered as a factor, but shall not be determinative, as to the issue of legal parentage in any proceedings regarding the establishment or termination of parental rights.
(b) If two or more presumptions arise under Section 7610 or 7611 that conflict with each other, or if a presumption under Section 7611 conflicts with a claim pursuant to Section 7610, the presumption which on the facts is founded on the weightier considerations of policy and logic controls.
(c) In an appropriate action, a court may find that more than two persons with a claim to parentage under this division are parents if the court finds that recognizing only two parents would be detrimental to the child. In determining detriment to the child, the court shall consider all relevant factors, including, but not limited to, the harm of removing the child from a stable placement with a parent who has fulfilled the child's physical needs and the child's psychological needs for care and affection, and who has assumed that role for a substantial period of time. A finding of detriment to the child does not require a finding of unfitness of any of the parents or persons with a claim to parentage.
(d) Unless a court orders otherwise after making the determination specified in subdivision (c), a presumption under Section 7611 is rebutted by a judgment establishing parentage of the child by another person.
(e) Within two years of the execution of a voluntary declaration of paternity, a person who is presumed to be a parent under Section 7611 may file a petition pursuant to Section 7630 to set aside a voluntary declaration of paternity. The court's ruling on the petition to set aside the voluntary declaration of paternity shall be made taking into account the validity of the voluntary declaration of paternity, and the best interests of the child based upon the court's consideration of the factors set forth in subdivision (b) of Section 7575, as well as the best interests of the child based upon the nature, duration, and quality of the petitioning party's relationship with the child and the benefit or detriment to the child of continuing that relationship. In the event of any conflict between the presumption under Section 7611 and the voluntary declaration of paternity, the weightier considerations of policy and logic shall control.
(f) A voluntary declaration of paternity is invalid if, at the time the declaration was signed, any of the following conditions exist:
(1) The child already had a presumed parent under Section 7540.
(2) The child already had a presumed parent under subdivision (a), (b), or (c) of Section 7611.
(3) The man signing the declaration is a sperm donor, consistent with subdivision (b) of Section 7613.
(g) A person's offer or refusal to sign a voluntary declaration of paternity may be considered as a factor, but shall not be determinative, as to the issue of legal parentage in any proceedings regarding the establishment or termination of parental rights.
(a) If a woman conceives through assisted reproduction with
semen or ova or both donated by a donor not her spouse, with the
consent of another intended parent, that intended parent is treated
in law as if he or she were the natural parent of a child thereby
conceived. The other intended parent's consent shall be in writing
and signed by the other intended parent and the woman conceiving
through assisted reproduction.
(b) (1) The donor of semen provided to a licensed physician and surgeon or to a licensed sperm bank for use in assisted reproduction by a woman other than the donor's spouse is treated in law as if he were not the natural parent of a child thereby conceived, unless otherwise agreed to in a writing signed by the donor and the woman prior to the conception of the child.
(2) If the semen is not provided to a licensed physician and surgeon or a licensed sperm bank as specified in paragraph (1), the donor of semen for use in assisted reproduction by a woman other than the donor's spouse is treated in law as if he were not the natural parent of a child thereby conceived if either of the following are met:
(A) The donor and the woman agreed in a writing signed prior to conception that the donor would not be a parent.
(B) A court finds by clear and convincing evidence that the child was conceived through assisted reproduction and that, prior to the conception of the child, the woman and the donor had an oral agreement that the donor would not be a parent.
(3) Paragraphs (1) and (2) do not apply to a man who provided semen for use in assisted reproduction by a woman other than the man' s spouse pursuant to a written agreement signed by the man and the woman prior to conception of the child stating that they intended for the man to be a parent.
(c) The donor of ova for use in assisted reproduction by a woman other than the donor's spouse or nonmarital partner is treated in law as if she were not the natural parent of a child thereby conceived unless the court finds satisfactory evidence that the donor and the woman intended for the donor to be a parent.
(b) (1) The donor of semen provided to a licensed physician and surgeon or to a licensed sperm bank for use in assisted reproduction by a woman other than the donor's spouse is treated in law as if he were not the natural parent of a child thereby conceived, unless otherwise agreed to in a writing signed by the donor and the woman prior to the conception of the child.
(2) If the semen is not provided to a licensed physician and surgeon or a licensed sperm bank as specified in paragraph (1), the donor of semen for use in assisted reproduction by a woman other than the donor's spouse is treated in law as if he were not the natural parent of a child thereby conceived if either of the following are met:
(A) The donor and the woman agreed in a writing signed prior to conception that the donor would not be a parent.
(B) A court finds by clear and convincing evidence that the child was conceived through assisted reproduction and that, prior to the conception of the child, the woman and the donor had an oral agreement that the donor would not be a parent.
(3) Paragraphs (1) and (2) do not apply to a man who provided semen for use in assisted reproduction by a woman other than the man' s spouse pursuant to a written agreement signed by the man and the woman prior to conception of the child stating that they intended for the man to be a parent.
(c) The donor of ova for use in assisted reproduction by a woman other than the donor's spouse or nonmarital partner is treated in law as if she were not the natural parent of a child thereby conceived unless the court finds satisfactory evidence that the donor and the woman intended for the donor to be a parent.
(a) An intended parent may, but is not required to, use the
forms set forth in this section to demonstrate his or her intent to
be a legal parent of a child conceived through assisted reproduction.
These forms shall satisfy the writing requirement specified in
Section 7613, and are designed to provide clarity regarding the
intentions, at the time of conception, of intended parents using
assisted reproduction. These forms do not affect any presumptions of
parentage based on Section 7611, and do not preclude a court from
considering any other claims to parentage under California statute or
case law.
(b) These forms apply only in very limited circumstances. Please read the forms carefully to see if you qualify for use of the forms.
(c) These forms do not apply to assisted reproduction agreements for gestational carriers or surrogacy agreements.
(d) Nothing in this section shall be interpreted to require the use of one of these forms to satisfy the writing requirement of Section 7613.
(e) The following are the optional California Statutory Forms for Assisted Reproduction:
(b) These forms apply only in very limited circumstances. Please read the forms carefully to see if you qualify for use of the forms.
(c) These forms do not apply to assisted reproduction agreements for gestational carriers or surrogacy agreements.
(d) Nothing in this section shall be interpreted to require the use of one of these forms to satisfy the writing requirement of Section 7613.
(e) The following are the optional California Statutory Forms for Assisted Reproduction:
California Statutory Forms for Assisted
Reproduction, Form 1:
Two Married or Unmarried People Using Assisted
Reproduction to Conceive a Child
Use this form if: You and another intended
parent, who may be your spouse or registered
domestic partner, are conceiving a child
through assisted reproduction using sperm
and/or egg donation; and one of you will be
giving birth.
WARNING: Signing this form does not terminate
the parentage claim of a sperm donor. A sperm
donor's claim to parentage is terminated if the
sperm is provided to a licensed physician and
surgeon or to a licensed sperm bank prior to
insemination, or if you conceive without having
sexual intercourse and you have a written
agreement signed by you and the donor
that you will conceive using assisted
reproduction and do not intend for the donor to
be a parent, as required by Section 7613(b) of
the Family Code.
The laws about parentage of a child are
complicated. You are strongly encouraged to
consult with an attorney about your rights.
Even if you do not fill out this form, a spouse
or domestic partner of the parent giving birth
is presumed to be a legal parent of any child
born during the marriage or domestic
partnership.
_______________________________________________
This form demonstrates your intent to be
parents of the child you plan to conceive
through assisted reproduction using sperm
and/or egg donation.
I, ____________________ (print name of person
not giving birth), intend to be a parent of a
child that ____________________ (print name of
person giving birth) will or has conceived
through assisted reproduction using sperm
and/or egg donation. I consent to the use of
assisted reproduction by the person who will
give birth. I INTEND to be a parent of the
child conceived.
SIGNATURES
Intended parent who will give birth:
___________________ (print name)
________________________
(signature) ____________(date) Intended parent who will not give birth: ____________ (print name) _________________________ (signature) ___________(date)
(signature) ____________(date) Intended parent who will not give birth: ____________ (print name) _________________________ (signature) ___________(date)
_________________
NOTARY
ACKNOWLEDGMENT
State of
California
County of _____)
On ____ before me,
________________
(insert name and
____________
title of the
________
officer)
personally
appeared ________,
who proved to me
on the basis of
satisfactory
evidence to be
the person(s)
whose name(s)
is/are subscribed
to the within
instrument and
acknowledged
to me that
he/she/they
executed the same
in his/her/their
authorized
capacity, and
that by
his/her/their
signature(s) on
the instrument
the person(s), or
the entity upon
behalf of which
the person(s)
acted, executed
the instrument.
I certify under
PENALTY OF
PERJURY under the
laws of the State
of California
that the
foregoing
paragraph is true
and correct.
WITNESS my hand
and official seal.
Signature_ (Seal)
_______________________________________________
California Statutory Forms for Assisted
Reproduction, Form 2:
Unmarried, Intended Parents Using Intended
Parent's Sperm to Conceive a Child
Use this form if: (1) Neither you or the other
person are married or in a registered domestic
partnership (including a registered domestic
partnership or civil union from another state);
(2) one of you will give birth to a child
conceived through assisted reproduction using
the intended parent's sperm; and (3) you both
intend to be parents of that child.
Do not use this form if you are conceiving
using a surrogate.
WARNING: If you do not sign this form, or a
similar agreement, you may be treated as a
sperm donor if you conceive without having
sexual intercourse according to Section 7613(b)
of the Family Code.
The laws about parentage of a child are
complicated. You are strongly encouraged to
consult with an attorney about your rights.
_______________________________________________
This form demonstrates your intent to be
parents of the child you plan to conceive
through assisted reproduction using sperm
donation.
I, ____________________ (print name of parent
giving birth), plan to use assisted
reproduction with another intended parent who
is providing sperm to conceive the child. I am
not married and am not in a registered domestic
partnership (including a registered domestic
partnership or civil union from another
jurisdiction), and I INTEND for the person
providing sperm to be a parent of the child to
be conceived.
I, ____________________ (print name of parent
providing sperm), plan to use assisted
reproduction to conceive a child using my sperm
with the parent giving birth. I am not married
and am not in a registered domestic partnership
(including a registered domestic partnership or
civil union from another jurisdiction), and I
INTEND to be a parent of the child to be
conceived.
SIGNATURES
Intended parent giving birth:
___________________ (print name)
________________________ (signature)
____________(date)
Intended parent providing sperm: ____________
(print name)
_________________________ (signature)
___________(date)
_________________
NOTARY
ACKNOWLEDGMENT
State of
California
County of _____)
On ____ before me,
________________
(insert name and
____________
title of the
________
officer)
personally
appeared ________,
who proved to me
on the basis of
satisfactory
evidence to be
the person(s)
whose name(s)
is/are subscribed
to the within
instrument and
acknowledged to
me that
he/she/they
executed the same
in his/her/their
authorized
capacity, and
that by
his/her/their
signature(s) on
the instrument
the person(s), or
the entity upon
behalf of which
the person(s)
acted, executed
the instrument.
I certify under
PENALTY OF
PERJURY under the
laws of the State
of California
that the
foregoing
paragraph is true
and correct.
WITNESS my hand
and official seal.
Signature_ (Seal)
_______________________________________________
California Statutory Forms for Assisted
Reproduction, Form 3:
Intended Parents Conceiving a Child Using
Eggs from One Parent and the Other Parent Will
Give Birth
Use this form if: You are conceiving a child
using the eggs from one of you and the other
person will give birth to the child; (2) and
you both intend to be parents to that child.
Do not use this form if you are conceiving
using a surrogate.
WARNING: Signing this form does not terminate
the parentage claim of a sperm donor. A
sperm donor's claim to parentage is terminated
if the sperm is provided to a licensed
physician and surgeon or to a licensed
sperm bank prior to insemination, or if you
conceive without having sexual intercourse and
you have a written agreement signed by you and
the donor that you will conceive using assisted
reproduction and do not intend for the donor to
be a parent, as required by Section 7613(b) of
the Family Code.
The laws about parentage of a child are
complicated. You are strongly encouraged to
consult with an attorney about your rights.
_______________________________________________
This form demonstrates your intent to be
parents of the child you plan to conceive
through assisted reproduction using eggs from
one parent and the other parent will give birth
to the child.
I, ____________________ (print name of parent
giving birth), plan to use assisted
reproduction to conceive and give birth to a
child with another person who will provide eggs
to conceive the child. I INTEND for the person
providing eggs to be a parent of the child to
be conceived.
I, ____________________ (print name of parent
providing eggs), plan to use assisted
reproduction to conceive a child with another
person who will give birth to the child
conceived using my eggs. I INTEND to be a
parent of the child to be conceived.
SIGNATURES
Intended parent giving birth:
___________________ (print name)
________________________ (signature)
____________(date)
Intended parent providing eggs: ____________
(print name)
_________________________ (signature)
___________(date)
_________________
NOTARY
ACKNOWLEDGMENT
State of
California
County of _____)
On ____ before me,
________________
(insert name and
____________
title of the
________
officer)
personally
appeared ________,
who proved to me
on the basis of
satisfactory
evidence to be
the person(s)
whose name(s)
is/are subscribed
to the within
instrument and
acknowledged to
me that
he/she/they
executed the same
in his/her/their
authorized
capacity, and
that by
his/her/their
signature(s) on
the instrument
the person(s), or
the entity upon
behalf of which
the person(s)
acted, executed
the instrument.
I certify under
PENALTY OF
PERJURY under the
laws of the State
of California
that the
foregoing
paragraph is true
and correct.
WITNESS my hand
and official seal.
Signature_ (Seal)
_______________________________________________
California Statutory Forms for Assisted
Reproduction, Form 4:
Intended Parent(s) Using a Known Sperm and/or
Egg Donor(s) to Conceive a Child
Use this form if: You are using a known sperm
and/or egg donor(s), or embryo donation, to
conceive a child and you do not intend for the
donor(s) to be a parent.
Do not use this form if you are conceiving
using a surrogate.
If you do not sign this form or a similar
agreement, your sperm donor may be treated as a
parent unless the sperm is provided to a
licensed physician and surgeon or to a licensed
sperm bank prior to insemination, or a court
finds by clear and convincing evidence that you
planned to conceive through assisted
reproduction and did not intend for the donor
to be a parent, as required by Section 7613(b)
of the Family Code. If you do not sign this
form or a similar agreement, your egg donor may
be treated as a parent unless a court finds
that there is satisfactory evidence that you
planned to conceive through assisted
reproduction and did not intend for the donor
to be a parent, as required by Section 7613(c)
of the Family Code.
The laws about parentage of a child are
complicated. You are strongly encouraged to
consult with an attorney about your rights.
_______________________________________________
This form demonstrates your intent that your
sperm and/or egg or embryo donor(s) will not be
a parent or parents of the child you plan to
conceive through assisted reproduction.
I, ____________________ (print name of parent
giving birth), plan to use assisted
reproduction to conceive using a sperm and/or
egg donor(s) or embryo donation, and I DO NOT
INTEND for the sperm and/or egg or embryo
donor(s) to be a parent of the child to be
conceived.
(If applicable) I, ____________________ (print
name of sperm donor), plan to donate my
sperm to____________________ (print name of
parent giving birth and second parent if
applicable). I am not married and am not in a
registered domestic partnership (including a
registered domestic partnership or a civil
union from another jurisdiction) with
____________________ (print name of parent
giving birth), and I DO NOT INTEND to be a
parent of the child to be conceived.
(If applicable) I, ____________________ (print
name of egg donor), plan to donate my ova
to____________________ (print name of parent
giving birth and second parent if
applicable). I am not married and am not
in a registered domestic partnership (including
a registered domestic partnership or a civil
union from another jurisdiction) with
____________________ (print name of parent
giving birth), or any intimate and nonmarital
relationship with ____________________ (print
name of parent giving birth) and I DO NOT
INTEND to be a parent of the child to be
conceived.
(If applicable) I, ____________________ (print
name of intended parent not giving birth),
INTEND to be a parent of the child
that____________________ (print name of parent
giving birth) will conceive through assisted
reproduction using sperm and/or egg
donation and I DO NOT INTEND for the sperm
and/or egg or embryo donor(s) to be a parent. I
consent to the use of assisted reproduction by
the person who will give birth.
SIGNATURES
Intended parent giving birth:
___________________ (print name)
________________________ (signature)
____________(date)
(If applicable) Sperm Donor:
___________________ (print name)
________________________ (signature)
____________(date)
(If applicable) Egg Donor: ___________________
(print name)
________________________ (signature)
____________(date)
(If applicable) Intended parent not giving
birth: ____________ (print name)
_________________________ (signature)
___________(date)
_________________
NOTARY
ACKNOWLEDGMENT
State of
California
County of _____)
On ____ before me,
________________
(insert name and
____________
title of the
________
officer)
personally
appeared ________,
who proved
to me on the
basis of
satisfactory
evidence to be
the person(s)
whose name(s)
is/are subscribed
to the within
instrument and
acknowledged to
me that
he/she/they
executed the same
in his/her/their
authorized
capacity, and
that by
his/her/their
signature(s) on
the instrument
the person(s), or
the entity upon
behalf of which
the person(s)
acted, executed
the instrument.
I certify under
PENALTY OF
PERJURY under the
laws of the State
of California
that the
foregoing
paragraph is true
and correct.
WITNESS my hand
and official seal.
Signature_ (Seal)
(a) A promise in writing to furnish support for a child,
growing out of a presumed parent or alleged father and child
relationship, does not require consideration and, subject to Section
7632, is enforceable according to its terms.
(b) In the best interest of the child or the other parent, the court may, and upon the promisor's request shall, order the promise to be kept in confidence and designate a person or agency to receive and disburse on behalf of the child all amounts paid in performance of the promise.
(b) In the best interest of the child or the other parent, the court may, and upon the promisor's request shall, order the promise to be kept in confidence and designate a person or agency to receive and disburse on behalf of the child all amounts paid in performance of the promise.
