Chapter
2. Establishment of Parent and Child Relationship.
California
Family Code, sections 7610-7614
7610.
The parent and child relationship may
be established as follows:
(a)
Between a child and the natural mother,
it may be established by proof of her
having given birth to the child, or under
this part.
(b)
Between a child and the natural father,
it may be established under this part.
(c)
Between a child and an adoptive parent,
it may be established by proof of adoption.
7611. A man is presumed
to be the natural father of a child if
he 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)
He 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, he 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, he 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 consent, he is named as the child's
father on the child's birth certificate.
(2)
He is obligated to support the child under
a written voluntary promise or by court
order.
(d)
He receives the child into his home and
openly holds out the child as his 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.
7611.5. 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.
7612.
(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 7611 which
conflict with each other, the presumption
which on the facts is founded on the weightier
considerations of policy and logic controls.
(c)
The presumption under Section
7611 is rebutted by a judgment establishing
paternity of the child by another man.
7613. (a) If, under
the supervision of a licensed physician
and surgeon and with the consent of her
husband, a wife is inseminated artificially
with semen donated by a man not her husband,
the husband is treated in law as if he
were the natural father of a child thereby
conceived. The husband's consent must
be in writing and signed by him and his
wife. The physician and surgeon shall
certify their signatures and the date
of the insemination, and retain the husband's
consent as part of the medical record,
where it shall be kept confidential and
in a sealed file. However, the physician
and surgeon's failure to do so does not
affect the father and child relationship.
All papers and records pertaining to the
insemination, whether part of the permanent
record of a court or of a file held by
the supervising physician and surgeon
or elsewhere, are subject to inspection
only upon an order of the court for good
cause shown.
(b)
The donor of semen provided to a licensed
physician and surgeon for use in artificial
insemination of a woman other than the
donor's wife is treated in law as if he
were not the natural father of a child
thereby conceived.
7614.
(a) A promise in writing to furnish support
for a child, growing out of a presumed
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
mother 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.
Did
you know?