Part
2. Presumptions Concerning Child of Marriage
and Blood Tests.
Chapter 1. Child of Wife Cohabiting with
Husband.
California
Family Code, sections 7540-7541
7540.
Except as provided in Section 7541,
the child of a wife cohabiting with her
husband, who is not impotent or sterile,
is conclusively presumed to be a child
of the marriage.
7541.
(a) Notwithstanding Section 7540,
if the court finds that the conclusions
of all the experts, as disclosed by the
evidence based on blood tests performed
pursuant to Chapter 2 (commencing with
Section 7550),
are that the husband is not the father
of the child, the question of paternity
of the husband shall be resolved accordingly.
(b)
The notice of motion for blood tests under
this section may be filed not later than
two years from the child's date of birth
by the husband, or for the purposes of
establishing paternity by the presumed
father or the child through or by the
child's guardian ad litem. As used in
this subdivision, "presumed father"
has the meaning given in Sections 7611
and 7612.
(c)
The notice of motion for blood tests under
this section may be filed by the mother
of the child not later than two years
from the child's date of birth if the
child's biological father has filed an
affidavit with the court acknowledging
paternity of the child.
(d)
The notice of motion for blood tests pursuant
to this section shall be supported by
a declaration under oath submitted by
the moving party stating the factual basis
for placing the issue of paternity before
the court.
(e)
Subdivision (a) does not apply, and blood
tests may not be used to challenge paternity,
in any of the following cases:
(1)
A case that reached final judgment of
paternity on or before September 30, 1980.
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