reglab/statecodes huggingface dataset:
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 2 - PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE › CHAPTER 2 - Genetic Testing to Determine Parentage › Section 7551.5.

7551.5. All hospitals, local child support agencies, welfare offices, and family courts shall facilitate genetic tests for purposes of enforcement of this chapter. This may include having a health care professional available for purposes of extracting samples to be used for genetic testing.
(Added by Stats. 1999, Ch. 652, Sec. 6. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 2 - PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE › CHAPTER 2 - Genetic Testing to Determine Parentage › Section 7552.

7552. (a) Genetic testing shall be of a type reasonably relied on by experts in the field of genetic testing and performed in a testing laboratory accredited by either of the following:
(1) The AABB, formerly known as the American Association of Blood Banks, or a successor organization.
(2) An accrediting body designated by the Secretary of the United States Department of Health and Human Services.
(b) A specimen used in genetic testing may consist of a sample or a combination of samples of blood, buccal cells, bone, hair, or other body tissue or fluid. The specimen used in the testing need not be of the same kind for each person undergoing genetic testing.
(c) Based on the ethnic or racial group of a person undergoing genetic testing, a testing laboratory shall determine the databases from which to select frequencies for use in calculating a relationship index. If a person or a local child support agency objects to the laboratory’s choice, the following rules shall apply:
(1) Not later than 30 days after receipt of the report of the test, the objecting person or local child support agency may request the court to require the laboratory to recalculate the relationship index using an ethnic or racial group different from that used by the laboratory.
(2) The person or local child support agency objecting to the choice of laboratories under this subdivision shall do either of the following:
(A) If the requested frequencies are not available to the laboratory for the ethnic or racial group requested, provide the requested frequencies compiled in a manner recognized by accrediting bodies.
(B) Engage another laboratory to perform the calculations.
(3) The laboratory may use its own statistical estimate if there is a question of which ethnic or racial group is appropriate. The laboratory shall calculate the frequencies using statistics, if available, for any other ethnic or racial group requested.
(d) If, after recalculation of the relationship index pursuant to subdivision (c) using a different ethnic or racial group, genetic testing does not identify a person as a genetic parent of the child, the court may require a person who has been tested to submit to additional genetic testing to identify a genetic parent.
(Repealed and added by Stats. 2018, Ch. 876, Sec. 14. (AB 2684) Effective January 1, 2019.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 2 - PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE › CHAPTER 2 - Genetic Testing to Determine Parentage › Section 7552.5.

7552.5. (a) A copy of the results of all genetic testing performed under Section 7551 or 7558 shall be served upon all parties, by any method of service authorized under Chapter 5 (commencing with Section 1010) of Title 14 of Part 2 of the Code of Civil Procedure except personal service, no later than 20 days prior to a hearing in which the genetic test results may be admitted into evidence. The genetic test results shall be accompanied by a declaration under penalty of perjury of the custodian of records or other qualified employee of the laboratory that conducted the genetic tests, stating in substance each of the following:
(1) The declarant is the duly authorized custodian of the records or other qualified employee of the laboratory, and has authority to certify the records.
(2) A statement that establishes in detail the chain of custody of all genetic samples collected, including the date on which the genetic sample was collected, the identity of each person from whom a genetic sample was collected, the identity of the person who performed or witnessed the collecting of the genetic samples and packaged them for transmission to the laboratory, the date on which the genetic samples were received by the laboratory, the identity of the person who unpacked the samples and forwarded them to the person who performed the laboratory analysis of the genetic sample, and the identification and qualifications of all persons who performed the laboratory analysis and published the results.
(3) A statement that establishes that the procedures used by the laboratory to conduct the tests for which the test results are attached are used in the laboratory’s ordinary course of business to ensure accuracy and proper identification of genetic samples.
(4) The genetic test results were prepared at or near the time of completion of the genetic tests by personnel of the business qualified to perform genetic tests in the ordinary course of business.
(b) The genetic test results shall be admitted into evidence at the hearing or trial to establish parentage, without the need for foundation testimony of authenticity and accuracy, unless a written objection to the genetic test results is filed with the court and served on all other parties, by a party no later than five days prior to the hearing or trial in which parentage is at issue.
(c) If a written objection is filed with the court and served on all parties within the time specified in subdivision (b), experts appointed by the court shall be called by the court as witnesses to testify to their findings and are subject to cross-examination by the parties.
(Amended by Stats. 2018, Ch. 876, Sec. 15. (AB 2684) Effective January 1, 2019.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 2 - PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE › CHAPTER 2 - Genetic Testing to Determine Parentage › Section 7553.

7553. (a) The compensation of each expert witness appointed by the court shall be fixed at a reasonable amount. It shall be paid as the court shall order. Except as provided in subdivision (b), the court may order that it be paid by the parties in the proportions and at the times the court prescribes, or that the proportion of any party be paid by the county, and that, after payment by the parties or the county or both, all or part or none of it be taxed as costs in the action or proceeding.
(b) If the expert witness is appointed for the court’s needs, the compensation shall be paid by the court.
(Amended by Stats. 2012, Ch. 470, Sec. 22. (AB 1529) Effective January 1, 2013.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 2 - PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE › CHAPTER 2 - Genetic Testing to Determine Parentage › Section 7554.

7554. (a) If the woman who gave birth to the child is the only other person who is a parent or has a claim to parentage of the child under this division, the court shall find the person who is the alleged father or genetic parent who is not a donor under Section 7613 to be a parent of the child if the person meets any of the following:
(1) Is identified pursuant to Section 7555 as a genetic parent of the child and the identification is not successfully challenged.
(2) Admits parentage in a pleading, when making an appearance, or during a hearing, the court accepts the admission, and the court determines that the person is a genetic parent of the child.
(3) Declines to submit to genetic testing ordered by the court or a local child support agency, in which case, the court may find that the person is a parent of the child even if the person denies a genetic relationship with the child.
(4) Is in default after service of process and the court determines the person to be a genetic parent of the child.
(5) Is neither identified nor excluded as a genetic parent by genetic testing and, based on other evidence, the court determines the person to be a genetic parent of the child.
(b) If more than one person other than the woman who gave birth asserts a claim under this division to be the child’s parent, parentage shall be determined under provisions of this division.
(Amended by Stats. 2019, Ch. 115, Sec. 81. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 2 - PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE › CHAPTER 2 - Genetic Testing to Determine Parentage › Section 7555.

7555. (a) Subject to a challenge under subdivision (b), a person is identified under this part as a genetic parent of a child if genetic testing complies with this part and the results of the testing disclose both of the following:
(1) The person has at least a 99 percent probability of parentage, using a prior probability of 0.50, as calculated by using the combined relationship index obtained in the testing.
(2) A combined relationship index of at least 100 to 1.
(b) A person identified pursuant to subdivision (a) as a genetic parent of the child may challenge the genetic testing results only by other genetic testing satisfying the requirements of this chapter that either excludes the person as a genetic parent of the child or identifies another person as a possible genetic parent of the child other than the woman who gave birth to the child or the person challenging parentage.
(c) If more than one person, other than the woman who gave birth to the child, is identified by genetic testing as a possible genetic parent of the child, the court shall order each person to submit to further genetic testing to identify a genetic parent.
(Repealed and added by Stats. 2018, Ch. 876, Sec. 19. (AB 2684) Effective January 1, 2019.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 2 - PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE › CHAPTER 2 - Genetic Testing to Determine Parentage › Section 7556.

7556. This part applies to criminal actions subject to the following limitations and provisions:
(a) An order for genetic testing shall be made only upon application of a party or on the court’s initiative.
(b) The compensation of the experts, other than an expert witness appointed by the court for the court’s needs, shall be paid by the county under order of court. The compensation of an expert witness appointed for the court’s needs shall be paid by the court.
(c) The court may direct a verdict of acquittal if the person is found not to be a genetic parent pursuant to Section 7555, otherwise the case shall be submitted for determination upon all the evidence.
(Amended by Stats. 2018, Ch. 876, Sec. 20. (AB 2684) Effective January 1, 2019.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 2 - PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE › CHAPTER 2 - Genetic Testing to Determine Parentage › Section 7557.

7557. Nothing in this part prevents a party to an action or proceeding from producing other expert evidence on the matter covered by this part; but, where other expert witnesses are called by a party to the action or proceeding, their fees shall be paid by the party calling them and only ordinary witness fees shall be taxed as costs in the action or proceeding.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 2 - PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE › CHAPTER 2 - Genetic Testing to Determine Parentage › Section 7559.

7559. Payment of the cost of initial genetic testing shall be made in advance when agreed to by the parties or ordered by the court pursuant to Section 7640.
(Added by Stats. 2018, Ch. 876, Sec. 22. (AB 2684) Effective January 1, 2019.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 2 - PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE › CHAPTER 2 - Genetic Testing to Determine Parentage › Section 7560.

7560. The court or local child support agency shall order additional genetic testing upon the request of a person who contests the results of the initial testing under Section 7555.
(Added by Stats. 2018, Ch. 876, Sec. 23. (AB 2684) Effective January 1, 2019.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 2 - PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE › CHAPTER 2 - Genetic Testing to Determine Parentage › Section 7562.

7562. If a person seeking genetic testing demonstrates good cause, the court may order genetic testing of a deceased person.
(Added by Stats. 2018, Ch. 876, Sec. 24. (AB 2684) Effective January 1, 2019.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 2 - PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE › CHAPTER 3 - Establishment of Parentage by Voluntary Declaration › Section 7570.

7570. (a) The Legislature hereby finds and declares as follows:
(1) There is a compelling state interest in establishing parentage for all children. Establishing parentage is the first step toward a child support award, which, in turn, provides children with equal rights and access to benefits, including, but not limited to, social security, health insurance, survivors’ benefits, military benefits, and inheritance rights.
(2) A simple administrative system allowing for establishment of voluntary parentage will result in a significant increase in the ease of establishing parentage, a significant increase in parentage establishment, an increase in the number of children who have greater access to child support and other benefits, and a significant decrease in the time and money required to establish parentage due to the removal of the need for a lengthy and expensive court process to determine and establish parentage and is in the public interest.
(b) This section shall become operative on January 1, 2020.
(Repealed and added by Stats. 2018, Ch. 876, Sec. 27. (AB 2684) Effective January 1, 2019. Section operative January 1, 2020, by its own provisions.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 2 - PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE › CHAPTER 3 - Establishment of Parentage by Voluntary Declaration › Section 7572.

7572. (a) The Department of Child Support Services, in consultation with the State Department of Health Care Services, the California Association of Hospitals and Health Systems, and other affected health provider organizations, shall work cooperatively to develop written materials to assist providers and parents in complying with this chapter. These written materials shall be updated periodically by the Department of Child Support Services to reflect changes in law, procedures, or public need.
(b) The written materials for unmarried parents or parents of a child conceived through assisted reproduction that shall be attached to the form specified in Section 7574 and shall contain the following information:
(1) A signed voluntary declaration of parentage that is filed with the Department of Child Support Services legally establishes parentage.
(2) The legal rights and obligations of both parents and the child that result from the establishment of parentage.
(3) An alleged father’s constitutional rights to have the issue of parentage decided by a court; to notice of any hearing on the issue of parentage; to have an opportunity to present the alleged father’s case to the court, including the right to present and cross-examine witnesses; to be represented by an attorney; and to have an attorney appointed if the alleged father cannot afford one in a parentage action filed by a local child support agency.
(4) That by signing the voluntary declaration of parentage, the father is voluntarily waiving the father’s constitutional rights.
(c) Parents shall also be given oral notice of the rights and responsibilities specified in subdivision (b). Oral notice may be accomplished through the use of audio- or video-recorded programs developed by the Department of Child Support Services to the extent permitted by federal law.
(d) The Department of Child Support Services shall, free of charge, make available to hospitals, clinics, and other places of birth all informational and training materials for the program under this chapter, as well as the declaration of parentage form. The Department of Child Support Services shall make training available to every participating hospital, clinic, local registrar of births and deaths, and other place of birth no later than June 30, 1999.
(e) The Department of Child Support Services may adopt regulations, including emergency regulations, necessary to implement this chapter.
(Amended by Stats. 2023, Ch. 131, Sec. 60. (AB 1754) Effective January 1, 2024.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 2 - PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE › CHAPTER 3 - Establishment of Parentage by Voluntary Declaration › Section 7573.

7573. (a) The following persons may sign a voluntary declaration of parentage to establish the parentage of the child:
(1) An unmarried woman who gave birth to the child and another person who is a genetic parent.
(2) A married or unmarried woman who gave birth to the child and another person who is a parent under Section 7613 of a child conceived through assisted reproduction.
(b) A voluntary declaration of parentage shall be in a record signed by the woman who gave birth to the child and by either the only possible genetic parent other than the woman who gave birth or the intended parent of a child conceived through assisted reproduction, and the signatures shall be attested by a notary or witnessed.
(c) Except as provided by Section 7580, a voluntary declaration of parentage takes effect on the filing of the document with the Department of Child Support Services.
(d) Except as provided in Sections 7573.5, 7575, 7576, 7577, and 7580, a completed voluntary declaration of parentage that complies with this chapter and that has been filed with the Department of Child Support Services is equivalent to a judgment of parentage of the child and confers on the declarant all rights and duties of a parent.
(e) The court shall give full faith and credit to a voluntary declaration of parentage effective in another state if the declaration was in a signed record and otherwise complies with the law of the other state.
(f) This section shall become operative on January 1, 2020.
(Repealed and added by Stats. 2018, Ch. 876, Sec. 33. (AB 2684) Effective January 1, 2019. Section operative January 1, 2020, by its own provisions.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 2 - PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE › CHAPTER 3 - Establishment of Parentage by Voluntary Declaration › Section 7573.5.

7573.5. (a) A voluntary declaration of parentage is void if, at the time of signing, any of the following are true:
(1) A person other than the woman who gave birth to the child or a person seeking to establish parentage through a voluntary declaration of parentage is a presumed parent under Section 7540 or subdivision (a), (b), or (c) of Section 7611.
(2) A court has entered a judgment of parentage of the child.
(3) Another person has signed a valid voluntary declaration of parentage.
(4) The child has a parent under Section 7613 or 7962 other than the signatories.
(5) The person seeking to establish parentage is a donor pursuant to Section 7613.
(6) The person seeking to establish parentage asserts that the person is a parent under Section 7613 and the child was not conceived through assisted reproduction.
(b) In an action in which a party is seeking a determination that a voluntary declaration of parentage is void under this section, notice shall be provided pursuant to Section 7635.
(Amended by Stats. 2023, Ch. 851, Sec. 4. (AB 1650) Effective January 1, 2024.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 2 - PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE › CHAPTER 3 - Establishment of Parentage by Voluntary Declaration › Section 7575.

7575. (a) Either parent may rescind the voluntary declaration of parentage by filing a rescission form with the Department of Child Support Services within 60 days of the date of execution of the declaration by the attesting parents, whichever signature is later, unless a court order for custody, visitation, or child support has been entered in an action in which the signatory seeking to rescind was a party. The Department of Child Support Services shall develop a form to be used by parents to rescind the declaration of parentage and instructions on how to complete and file the rescission with the Department of Child Support Services. The form shall include a declaration under penalty of perjury completed by the person filing the rescission form that certifies that a copy of the rescission form was sent by any form of mail requiring a return receipt to the other person who signed the voluntary declaration of parentage. A copy of the return receipt shall be attached to the rescission form when filed with the Department of Child Support Services. The form and instructions shall be written in simple, easy to understand language and shall be made available at the local family support office and the office of local registrar of births and deaths. The department shall, upon written request, provide to a court or commissioner a copy of any rescission form filed with the department that is relevant to proceedings before the court or commissioner.
(b) This section shall become operative on January 1, 2020.
(Repealed and added by Stats. 2018, Ch. 876, Sec. 38. (AB 2684) Effective January 1, 2019. Section operative January 1, 2020, by its own provisions.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 2 - PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE › CHAPTER 3 - Establishment of Parentage by Voluntary Declaration › Section 7576.

7576. (a) After the period for rescission provided in Section 7575 expires, but not later than two years after the effective date provided in subdivision (c) of Section 7573 of a voluntary declaration of parentage, a signatory of the voluntary declaration of parentage may commence a proceeding to challenge the declaration on the basis of fraud, duress, or material mistake of fact.
(b) The limitations period provided in subdivision (a) shall not apply if the voluntary declaration of parentage is void under Section 7573.5.
(c) This section shall become operative on January 1, 2020.
(Repealed and added by Stats. 2018, Ch. 876, Sec. 40. (AB 2684) Effective January 1, 2019. Section operative January 1, 2020, by its own provisions.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 2 - PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE › CHAPTER 3 - Establishment of Parentage by Voluntary Declaration › Section 7578.

7578. (a) Every signatory to a voluntary declaration of parentage shall be made a party to a proceeding to challenge the declaration.
(b) By signing a voluntary declaration, a signatory submits to personal jurisdiction in this state in a proceeding to challenge the declaration, effective on the filing of the declaration with the Department of Child Support Services.
(c) The court shall not suspend the legal responsibilities arising from a voluntary declaration of parentage, including the duty to pay child support, during the pendency of a proceeding to challenge the voluntary declaration of parentage, unless the party challenging the declaration shows good cause.
(d) A party challenging a voluntary declaration of parentage has the burden of proof by a preponderance of the evidence.
(e) If the judgment or order of the court is at variance with the child’s birth certificate, the court shall order that a new birth certificate be issued as prescribed in Article 2 (commencing with Section 102725) of Chapter 5 of Part 1 of Division 102 of the Health and Safety Code.
(f) This section shall become operative on January 1, 2020.
(Added by Stats. 2018, Ch. 876, Sec. 43. (AB 2684) Effective January 1, 2019. Section operative January 1, 2020, by its own provisions.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 2 - PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE › CHAPTER 3 - Establishment of Parentage by Voluntary Declaration › Section 7580.

7580. (a) Notwithstanding subdivision (c) of Section 7573, a voluntary declaration of parentage that is signed by a minor parent does not establish parentage until 60 days after both signatories have reached 18 years of age or are emancipated, whichever first occurs.
(b) A person who signs a voluntary declaration of parentage as a minor may rescind the voluntary declaration of parentage at any time up to 60 days after the signatory reaches 18 years of age or becomes emancipated, whichever first occurs.
(c) A voluntary declaration of parentage signed by a minor creates a rebuttable presumption for or against parentage until the date that it establishes parentage as specified in subdivision (a).
(d) A voluntary declaration of parentage signed by a minor shall be admissible as evidence in a civil action to establish parentage of the minor named in the voluntary declaration.
(e) A voluntary declaration of parentage that is signed by a minor shall not be admissible as evidence in a criminal prosecution for violation of Section 261.5 of the Penal Code.
(Amended by Stats. 2019, Ch. 115, Sec. 86. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 2 - PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE › CHAPTER 3 - Establishment of Parentage by Voluntary Declaration › Section 7581.

7581. The following provisions shall apply for voluntary declarations signed on or before December 31, 1996.
(a) Except as provided in subdivision (d), the child of a woman and a man executing a declaration of paternity under this chapter is conclusively presumed to be the man’s child. The presumption under this section has the same force and effect as the presumption under Section 7540.
(b) A voluntary declaration of paternity shall be recognized as the basis for the establishment of an order for child custody or support.
(c) In an action to rebut the presumption created by this section, a voluntary declaration of paternity shall be admissible as evidence to determine paternity of the child named in the voluntary declaration of paternity.
(d) The presumption established by this section may be rebutted by any person by requesting genetic testing pursuant to Chapter 2 (commencing with Section 7550). The notice of motion for genetic testing 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. The notice of motion for genetic testing shall be made within three years from the date of execution of the declaration by the attesting father, or by the attesting mother, whichever signature is later. The two-year statute of limitations specified in subdivision (b) of Section 7541 is inapplicable for purposes of this section.
(e) A presumption under this section shall override all statutory presumptions of paternity, except a presumption arising under Section 7540, a claim made pursuant to Section 7555, or as provided in Section 7612.
(f) This section shall become operative on January 1, 2020.
(Added by Stats. 2018, Ch. 876, Sec. 45. (AB 2684) Effective January 1, 2019. Section operative January 1, 2020, by its own provisions.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 3 - UNIFORM PARENTAGE ACT › CHAPTER 1 - General Provisions › Section 7600.

7600. This part may be cited as the Uniform Parentage Act.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 3 - UNIFORM PARENTAGE ACT › CHAPTER 1 - General Provisions › Section 7601.

7601. (a) “Natural parent” as used in this code means a nonadoptive parent established under this part, whether biologically related to the child or not.
(b) “Parent and child relationship” as used in this part means the legal relationship existing between a child and the child’s natural or adoptive parents incident to which the law confers or imposes rights, privileges, duties, and obligations. The term includes the mother and child relationship and the father and child relationship.
(c) This part does not preclude a finding that a child has a parent and child relationship with more than two parents.
(d) For purposes of state law, administrative regulations, court rules, government policies, common law, and any other provision or source of law governing the rights, protections, benefits, responsibilities, obligations, and duties of parents, any reference to two parents shall be interpreted to apply to every parent of a child where that child has been found to have more than two parents under this part.
(Amended by Stats. 2013, Ch. 564, Sec. 5.5. (SB 274) Effective January 1, 2014.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 3 - UNIFORM PARENTAGE ACT › CHAPTER 1 - General Provisions › Section 7602.

7602. The parent and child relationship extends equally to every child and to every parent, regardless of the marital status of the parents.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 3 - UNIFORM PARENTAGE ACT › CHAPTER 1 - General Provisions › Section 7603.

7603. Section 3140 is applicable to proceedings pursuant to this part.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 3 - UNIFORM PARENTAGE ACT › CHAPTER 1 - General Provisions › Section 7604.

7604. A court may order pendente lite relief consisting of a custody or visitation order pursuant to Part 2 (commencing with Section 3020) of Division 8, if the court finds both of the following:
(a) A parent and child relationship exists pursuant to Section 7540 or 7541.
(b) The custody or visitation order would be in the best interest of the child.
(Amended by Stats. 2018, Ch. 876, Sec. 46. (AB 2684) Effective January 1, 2019.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 3 - UNIFORM PARENTAGE ACT › CHAPTER 1 - General Provisions › Section 7604.5.

7604.5. Notwithstanding any other provision of law, bills for pregnancy, childbirth, and genetic testing shall be admissible as evidence without third-party foundation testimony and shall constitute prima facie evidence of costs incurred for those services.
(Added by Stats. 1997, Ch. 599, Sec. 44. Effective January 1, 1998.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 3 - UNIFORM PARENTAGE ACT › CHAPTER 1 - General Provisions › Section 7605.

7605. (a) In any proceeding to establish physical or legal custody of a child or a visitation order under this part, and in any proceeding subsequent to entry of a related judgment, the court shall ensure that each party has access to legal representation to preserve each party’s rights by ordering, if necessary based on the income and needs assessments, one party, except a government entity, to pay to the other party, or to the other party’s attorney, whatever amount is reasonably necessary for attorney’s fees and for the cost of maintaining or defending the proceeding during the pendency of the proceeding.
(b) When a request for attorney’s fees and costs is made under this section, the court shall make findings on whether an award of attorney’s fees and costs is appropriate, whether there is a disparity in access to funds to retain counsel, and whether one party is able to pay for legal representation of both parties. If the findings demonstrate disparity in access and ability to pay, the court shall make an order awarding attorney’s fees and costs. A party who lacks the financial ability to hire an attorney may request, as an in pro per litigant, that the court order the other party, if that other party has the financial ability, to pay a reasonable amount to allow the unrepresented party to retain an attorney in a timely manner before proceedings in the matter go forward.
(c) Attorney’s fees and costs within this section may be awarded for legal services rendered or costs incurred before or after the commencement of the proceeding.
(d) The court shall augment or modify the original award for attorney’s fees and costs as may be reasonably necessary for the prosecution or defense of a proceeding described in subdivision (a), or any proceeding related thereto, including after any appeal has been concluded.
(e) Except as provided in subdivision (f), an application for a temporary order making, augmenting, or modifying an award of attorney’s fees, including a reasonable retainer to hire an attorney, or costs, or both, shall be made by motion on notice or by an order to show cause during the pendency of any proceeding described in subdivision (a).
(f) The court shall rule on an application for fees under this section within 15 days of the hearing on the motion or order to show cause. An order described in subdivision (a) may be made without notice by an oral motion in open court at either of the following times:
(1) At the time of the hearing of the cause on the merits.
(2) At any time before entry of judgment against a party whose default has been entered pursuant to Section 585 or 586 of the Code of Civil Procedure. The court shall rule on any motion made pursuant to this subdivision within 15 days and prior to the entry of any judgment.
(Amended by Stats. 2012, Ch. 107, Sec. 3. (AB 1406) Effective January 1, 2013.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 3 - UNIFORM PARENTAGE ACT › CHAPTER 1 - General Provisions › Section 7606.

7606. As used in this part, the following definitions shall apply:
(a) “Assisted reproduction” means conception by any means other than sexual intercourse.
(b) “Assisted reproduction agreement” means a written contract that includes a person who intends to be the legal parent of a child or children born through assisted reproduction and that defines the terms of the relationship between the parties to the contract.
(Added by Stats. 2006, Ch. 806, Sec. 1. Effective January 1, 2007.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 3 - UNIFORM PARENTAGE ACT › CHAPTER 2 - Establishing Parent and Child Relationship › Section 7610.

7610. 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.
(Amended by Stats. 2013, Ch. 510, Sec. 2. (AB 1403) Effective January 1, 2014.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 3 - UNIFORM PARENTAGE ACT › CHAPTER 2 - Establishing Parent and Child Relationship › Section 7611.

7611. 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.
(Amended by Stats. 2019, Ch. 115, Sec. 87. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 3 - UNIFORM PARENTAGE ACT › CHAPTER 2 - Establishing Parent and Child Relationship › Section 7611.5.

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.
(Added by Stats. 1993, Ch. 219, Sec. 177. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 3 - UNIFORM PARENTAGE ACT › CHAPTER 2 - Establishing Parent and Child Relationship › Section 7612.

7612. (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.
(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.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 3 - UNIFORM PARENTAGE ACT › CHAPTER 2 - Establishing Parent and Child Relationship › Section 7614.

7614. (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.
(Amended by Stats. 2013, Ch. 510, Sec. 6. (AB 1403) Effective January 1, 2014.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 3 - UNIFORM PARENTAGE ACT › CHAPTER 3 - Jurisdiction and Venue › Section 7620.

7620. (a) A person who has sexual intercourse or causes conception with the intent to become a legal parent by assisted reproduction in this state, or who enters into an assisted reproduction agreement for gestational carriers in this state, thereby submits to the jurisdiction of the courts of this state as to an action brought under this part with respect to a child who may have been conceived by that act of intercourse or assisted reproduction, or who may have been conceived as a result of that assisted reproduction agreement.
(b) If a child is conceived pursuant to an assisted reproduction agreement for gestational carriers, as defined in Section 7960 and as described in Section 7962, the courts of this state shall have jurisdiction over a proceeding to determine parentage of the child if any of the following conditions is satisfied:
(1) One or more of the parties to the assisted reproduction agreement for gestational carriers resides in this state, or resided in this state at the time the assisted reproduction agreement for gestational carriers was executed.
(2) The medical procedures leading to conception, including in vitro fertilization or embryo transfer, or both, were carried out in this state.
(3) The child is born in this state.
(c) An action under this part shall be brought in one of the following:
(1) The county in which the child resides or is found.
(2) If the child is the subject of a pending or proposed adoption, any county in which a licensed California adoption agency to which the child has been relinquished or is proposed to be relinquished maintains an office.
(3) If the child is the subject of a pending or proposed adoption, the county in which an office of the department or a public adoption agency investigating the petition is located.
(4) If the parent is deceased, the county in which proceedings for probate of the estate of the parent of the child have been or could be commenced.
(5) If the child was conceived pursuant to an assisted reproduction agreement for gestational carriers, any county described in subdivision (e) of Section 7962.
(Amended by Stats. 2016, Ch. 385, Sec. 3. (AB 2349) Effective January 1, 2017.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 3 - UNIFORM PARENTAGE ACT › CHAPTER 4 - Determination of Parent and Child Relationship › ARTICLE 1 - Determination of Parent and Child Relationship › Section 7632.

7632. Regardless of its terms, an agreement between an alleged father or a presumed parent and the other parent or child does not bar an action under this chapter.
(Amended by Stats. 2013, Ch. 510, Sec. 9. (AB 1403) Effective January 1, 2014.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 3 - UNIFORM PARENTAGE ACT › CHAPTER 4 - Determination of Parent and Child Relationship › ARTICLE 1 - Determination of Parent and Child Relationship › Section 7633.

7633. An action under this chapter may be brought, an order or judgment may be entered before the birth of the child, and enforcement of that order or judgment shall be stayed until the birth of the child.
(Amended by Stats. 2006, Ch. 806, Sec. 4. Effective January 1, 2007.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 3 - UNIFORM PARENTAGE ACT › CHAPTER 4 - Determination of Parent and Child Relationship › ARTICLE 1 - Determination of Parent and Child Relationship › Section 7634.

7634. (a) The local child support agency may, in the local child support agency’s discretion, bring an action under this chapter in any case in which the local child support agency believes it to be appropriate.
(b) The Department of Child Support Services may review the current practices of service of process used by the local child support agencies pursuant to subdivision (a), and may develop methods to increase the number of persons served using personal delivery.
(Amended by Stats. 2004, Ch. 849, Sec. 2. Effective January 1, 2005.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 3 - UNIFORM PARENTAGE ACT › CHAPTER 4 - Determination of Parent and Child Relationship › ARTICLE 1 - Determination of Parent and Child Relationship › Section 7635.

7635. (a) The child may, if under the age of 12 years, and shall, if 12 years of age or older, be made a party to the action. If the child is a minor and a party to the action, the child shall be represented by a guardian ad litem appointed by the court. The guardian ad litem need not be represented by counsel if the guardian ad litem is a relative of the child.
(b) A natural parent, each person presumed to be a parent under Section 7611 or 7540, each person who is a parent of the child under Section 7613 or 7962, and each person alleged to be the genetic parent unless precluded under this division from establishing parentage based on genetic testing, shall be given notice of the action in the manner prescribed in Section 7666 and an opportunity to be heard, and shall be made a party if they request to be joined. Appointment of a guardian ad litem shall not be required for a minor who is a parent of the child who is the subject of the petition to establish parental relationship, unless the minor parent is unable to understand the nature of the proceedings or to assist counsel in preparing the case.
(c) The court may align the parties.
(d) In any initial or subsequent proceeding under this chapter where custody of, or visitation with, a minor child is in issue, the court may, if it determines it would be in the best interest of the minor child, appoint private counsel to represent the interests of the minor child pursuant to Chapter 10 (commencing with Section 3150) of Part 2 of Division 8.
(Amended by Stats. 2018, Ch. 876, Sec. 52. (AB 2684) Effective January 1, 2019.)