Chapter 2 - Establishing Parent and Child Relationship

California Family Code — §§ 7610-7614

Sections (7)

Amended by Stats. 2013, Ch. 510, Sec. 2. (AB 1403) Effective January 1, 2014.

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.

§ 7611

Amended by Stats. 2019, Ch. 115, Sec. 87. (AB 1817) Effective January 1, 2020.

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 the presumed parent’s 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 their home and openly holds out the child as their natural child.

(e)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

Added by Stats. 1993, Ch. 219, Sec. 177. Effective January 1, 1994.

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

Repealed and added by Stats. 2018, Ch. 876, Sec. 48. (AB 2684) Effective January 1, 2019. Section operative January 1, 2020, by its own provisions.

(a)Except as provided in Chapter 1 (commencing with Section 7540) and Chapter 3 (commencing with Section 7570) of Part 2, 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 that conflict with each other, or if one or more presumptions under Section 7611 conflict with a claim by a person identified as a genetic parent

pursuant to Section 7555, the presumption that on the facts is founded on the weightier considerations of policy and logic controls. If one of the presumed parents is also a presumed parent under Section 7540, the presumption arising under Section 7540 may only be rebutted pursuant to Section 7541.

(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)A person’s offer or refusal to sign a voluntary declaration of parentage may be considered as a factor, but shall not be determinative, as to the issue of legal parentage in a proceeding regarding the establishment or termination of parental rights.

(f)This section shall become operative on January 1, 2020.

§ 7613

Amended by Stats. 2023, Ch. 851, Sec. 5. (AB 1650) Effective January 1, 2024.

(a)(1) If a woman conceives through assisted reproduction with semen or ova or both donated by a donor who is not the woman’s spouse, with the consent of another intended parent, that intended parent is treated in law as if that intended parent is 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.

(2)Failure to consent in writing, as required by paragraph (1), does not preclude the court from finding that the intended parent consented if the court finds by clear and convincing evidence that, prior to the

conception of the child, the woman and the intended parent had an oral agreement that the woman and the intended parent would both be parents of the child.

(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 the donor is not the natural parent of a child thereby conceived, unless the donor and the woman signed a written agreement before the conception of the child, that the donor would be a parent.

(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 the donor is not the natural parent of a child thereby conceived if either of the following are met:

(A)The donor and the woman signed a written agreement before 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.

(c)A person providing ova for use in assisted reproduction by a person other than the provider’s spouse or nonmarital partner is treated in law as if the provider is not the natural parent of a child thereby conceived unless the court finds satisfactory

evidence that the provider of the ova, and each recipient, intended for that provider to have parental rights.

(d)(1) A provider of an embryo for use in assisted reproduction to an intended parent who is not the provider’s spouse or nonmarital partner is treated in law as if the provider is not the natural parent of a child thereby conceived unless the court finds satisfactory evidence that the provider and the intended parent intended for the provider to be a parent.

(2)If the provider of ova, semen, or embryos is not the original source of the ova or sperm, each original provider’s written consent to the donation is required unless that person has executed a writing to consent to the donation, or to waive or relinquish their right to the genetic material,

or as otherwise ordered by a court of law.

(e)(1) Notwithstanding any other law, persons who are not married to one another and who share legal control over the disposition of embryos shall not be prevented from entering into a written agreement whereby one person renounces all legal interest in the embryos, with the specific intent that the person renouncing all legal interest shall not be a legal parent of any child conceived with use of the embryos, despite any prior oral or written agreements, or legal judgments to the contrary. After that interest has been renounced in a writing signed by all persons with legal interest in or control over disposition of the embryos, the renouncing person shall be treated in law as a donor, and not a legal parent. Upon execution of that agreement, the person who retains legal

interest in and control over disposition of the embryos shall have the sole right to determine the use and disposition of the embryos, including the right to attempt conception of a child, subject to any limitation pursuant to paragraph (2) of subdivision (d). Either party may file the agreement with the court, and the court shall issue an order establishing the nonparentage of the donor.

(2)If persons who share legal control over and interest in one or more embryos are married to one another at the time of signing the agreement, the agreement shall only become legally binding upon the court’s entry of a final decree of dissolution that incorporates the agreement, after which the presumptions pursuant to Section 7540 or subdivisions (a), (b), or (c) of Section 7611 shall not apply.

§ 7613.5

Amended by Stats. 2019, Ch. 115, Sec. 89. (AB 1817) Effective January 1, 2020.

(a)An intended parent may, but is not required to, use the forms set forth in this section to demonstrate the 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)This section does not 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:

§ 7614

Amended by Stats. 2013, Ch. 510, Sec. 6. (AB 1403) Effective January 1, 2014.

(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.