reglab/statecodes huggingface dataset:
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 7635.5.

7635.5. In any action brought pursuant to this article, if the alleged father is present in court for the action, the court shall inform the alleged father of the alleged father’s right to have genetic testing performed to determine the biological parentage of the child. The court shall further inform the alleged father of the alleged father’s right to move to set aside or vacate a judgment of parentage pursuant to Section 7646 within two years of the date notice of the action to establish parentage is received, and that after that time has expired the alleged father may not move to set aside or vacate the judgment of parentage, regardless of whether genetic testing shows the alleged father not to be the biological father of the child.
(Amended by Stats. 2019, Ch. 115, Sec. 91. (AB 1817) Effective January 1, 2020.)
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 7636.

7636. The judgment or order of the court determining the existence or nonexistence of the parent and child relationship is determinative for all purposes except for actions brought pursuant to Section 270 of the Penal Code.
(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 4 - Determination of Parent and Child Relationship › ARTICLE 1 - Determination of Parent and Child Relationship › Section 7637.

7637. The judgment or order may contain any other provision directed against the appropriate party to the proceeding, concerning the duty of support, the custody and guardianship of the child, visitation privileges with the child, the furnishing of bond or other security for the payment of the judgment, or any other matter in the best interest of the child. The judgment or order may direct the parent to pay the reasonable expenses of the mother’s pregnancy and confinement.
(Amended by Stats. 2013, Ch. 510, Sec. 11. (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 7638.

7638. The procedure in an action under this part to change the name of a minor or adult child for whom a parent and child relationship is established pursuant to Section 7636, upon application in accordance with Title 8 (commencing with Section 1275) of Part 3 of the Code of Civil Procedure shall conform to those provisions, except that the application for the change of name may be included with the petition filed under this part and except as provided in Sections 1277 and 1278 of the Code of Civil Procedure.
(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 4 - Determination of Parent and Child Relationship › ARTICLE 1 - Determination of Parent and Child Relationship › Section 7639.

7639. 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.
(Amended by Stats. 1996, Ch. 1023, Sec. 48. Effective September 29, 1996.)
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 7640.

7640. The court may order reasonable fees of counsel, experts, and the child’s guardian ad litem, and other costs of the action and pretrial proceedings, including genetic testing, to be paid by the parties, excluding any governmental entity, in proportions and at times determined by the court. The court may apply the standards set forth in Sections 2032 and 7605 in making this determination.
(Amended by Stats. 2018, Ch. 876, Sec. 53. (AB 2684) Effective January 1, 2019.)
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 7641.

7641. (a) If there is a voluntary declaration of paternity in place, or parentage or a duty of support has been acknowledged or adjudicated under this part or under prior law, the obligation of the parent may be enforced in the same or other proceedings by any of the following:
(1) The other parent.
(2) The child.
(3) The public authority that has furnished or may furnish the reasonable expenses of pregnancy, confinement, education, support, or funeral.
(4) Any other person, including a private agency, to the extent the person has furnished or is furnishing these expenses.
(b) The court may order support payments to be made to any of the following:
(1) The other parent.
(2) The clerk of the court.
(3) A person, corporation, or agency designated to administer the payments for the benefit of the child under the supervision of the court.
(c) Willful failure to obey the judgment or order of the court is a civil contempt of the court. All remedies for the enforcement of judgments, including imprisonment for contempt, apply.
(Amended by Stats. 2013, Ch. 510, Sec. 12. (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 7642.

7642. The court has continuing jurisdiction to modify or set aside a judgment or order made under this part. A judgment or order relating to an adoption may only be modified or set aside in the same manner and under the same conditions as an order of adoption may be modified or set aside under Section 9100 or 9102.
(Amended by Stats. 1999, Ch. 653, Sec. 11. Effective January 1, 2000.)
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 7643.

7643. (a) Notwithstanding any other law concerning public hearings and records, a hearing or trial held under this part may be held in closed court without admittance of any person other than those necessary to the action or proceeding. Except as provided in subdivision (b), all papers and records, other than the final judgment, pertaining to the action or proceeding, whether part of the permanent record of the court or of a file in a public agency or elsewhere, are subject to inspection and copying only in exceptional cases upon an order of the court for good cause shown.
(b) (1) Papers and records pertaining to the action or proceeding that are part of the permanent record of the court are subject to inspection and copying by the parties to the action, their attorneys, and by agents acting pursuant to written authorization from the parties to the action or their attorneys. An attorney shall obtain the consent of the party to the action before authorizing an agent to inspect and copy the permanent record. An attorney shall also state on the written authorization that the attorney has obtained the consent of the party to authorize an agent to inspect and copy the permanent record.
(2) For purposes of establishing parentage and establishing and enforcing child support orders, papers and records pertaining to the action or proceeding that are part of the permanent record of the court are subject to inspection and copying by any local child support agency, as defined in subdivision (h) of Section 17000.
(c) This section applies only to actions filed before January 1, 2023.
(Amended by Stats. 2022, Ch. 420, Sec. 19. (AB 2960) Effective January 1, 2023.)
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 7643.5.

7643.5. (a) Notwithstanding any other law concerning public hearings and records, a hearing or trial held under this part for an action filed on or after January 1, 2023, under Section 7613, subdivision (f) of Section 7630, or Part 7 (commencing with Section 7960), may be held in closed court without admittance of any person other than those necessary to the action or proceeding. Except as provided in subdivision (b), all papers and records, other than the final judgment, pertaining to the action or proceeding, whether part of the permanent record of the court or of a file in a public agency or elsewhere, are subject to inspection and copying only in exceptional cases upon an order of the court for good cause shown.
(b) (1) Papers and records pertaining to the action or proceeding that are part of the permanent record of the court are subject to inspection and copying by the parties to the action, their attorneys, and by agents acting pursuant to written authorization from the parties to the action or their attorneys. An attorney shall obtain the consent of the party to the action before authorizing an agent to inspect and copy the permanent record. An attorney shall also state on the written authorization that the attorney has obtained the consent of the party to authorize an agent to inspect and copy the permanent record.
(2) For purposes of establishing parentage and establishing and enforcing child support orders, papers and records pertaining to the action or proceeding that are part of the permanent record of the court are subject to inspection and copying by any local child support agency, as defined in subdivision (h) of Section 17000.
(c) On or before January 1, 2023, the Judicial Council shall create a new form or modify an existing form, as it deems appropriate, that requires a party initiating an action or proceeding filed under Section 7613, subdivision (f) of Section 7630, or Part 7 (commencing with Section 7960) to designate the action or proceeding as filed under the identified statutory provision.
(d) Notwithstanding Section 4, this section shall apply to all actions filed before January 1, 2023.
(Amended by Stats. 2022, Ch. 420, Sec. 20. (AB 2960) Effective January 1, 2023.)
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 7644.

7644. (a) Notwithstanding any other law, an action for child custody and support and for other relief as provided in Section 7637 may be filed based upon a voluntary declaration of parentage as provided in Chapter 3 (commencing with Section 7570) of Part 2.
(b) Except as provided in Section 7581, the voluntary declaration of parentage shall be given the same force and effect as a judgment of parentage entered by a court of competent jurisdiction. The court shall make appropriate orders as specified in Section 7637 based upon the voluntary declaration of parentage unless evidence is presented that the voluntary declaration of parentage has been rescinded by the parties, set aside as provided in Section 7575, 7576, or 7577, or is void under Section 7573.5.
(c) The Judicial Council shall develop the forms and procedures necessary to implement this section.
(d) This section shall become operative on January 1, 2020.
(Repealed and added by Stats. 2018, Ch. 876, Sec. 55. (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 4 - Determination of Parent and Child Relationship › ARTICLE 1.5 - Setting Aside or Vacating Judgment of Parentage › Section 7645.

7645. For purposes of this article, the following definitions shall apply:
(a) “Child” means the child of a previously established father or mother, as determined by the superior court in a judgment that is the subject of a motion brought pursuant to this article, or as a matter of law.
(b) “Judgment” means a judgment, order, or decree entered in a court of this state that establishes parentage, including a determination of parentage made pursuant to a petition filed under Section 300, 601, or 602 of the Welfare and Institutions Code. For purposes of this article, “judgment” does not include a judgment in any action for marital dissolution, legal separation, or nullity.
(c) “Previously established father” means a person identified as the father of a child in a judgment that is the subject of a motion brought pursuant to this article.
(d) “Previously established mother” means a person identified as the mother of a child in a judgment that is the subject of a motion brought pursuant to this article.
(Amended by Stats. 2018, Ch. 876, Sec. 57. (AB 2684) Effective January 1, 2019.)
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 1.5 - Setting Aside or Vacating Judgment of Parentage › Section 7646.

7646. (a) Notwithstanding any other law, a judgment establishing parentage may be set aside or vacated upon a motion by a previously established parent, the child, or the legal representative of any of these persons if genetic testing indicates that the previously established father of a child is not the genetic father of the child. The motion shall be brought within one of the following time periods:
(1) Within a two-year period commencing with the date on which the previously established father knew or should have known of a judgment that established the father’s parentage of the child or commencing with the date the previously established father knew or should have known of the existence of an action to adjudicate the issue of parentage, whichever is first, except as provided in paragraph (2).
(2) In the case of a previously established father who is the legal father as a result of a default judgment as of the effective date of this section, within a two-year period from January 1, 2005, to December 31, 2006, inclusive.
(b) Subdivision (a) does not apply if the child is presumed to be a child of a marriage pursuant to Section 7540, the previously established parent is a parent under Section 7613 or 7962, or the action is barred by paragraph (2) of subdivision (a) of Section 7630.
(c) Reconsideration of a motion brought under paragraph (3) of subdivision (a) may be requested and granted if the following requirements are met:
(1) The motion was filed with the court between September 24, 2006, and December 31, 2006, inclusive.
(2) The motion was denied solely on the basis that it was untimely.
(3) The request for reconsideration of the motion is filed on or before December 31, 2009.
(Amended by Stats. 2019, Ch. 115, Sec. 93. (AB 1817) Effective January 1, 2020.)
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 1.5 - Setting Aside or Vacating Judgment of Parentage › Section 7647.

7647. (a) A court may grant a motion to set aside or vacate a judgment establishing parentage only if all of the following conditions are met:
(1) The motion is filed in a court of proper venue.
(2) The motion contains, at a minimum, all of the following information, if known:
(A) The legal name, age, county of residence, and residence address of the child.
(B) The names, mailing addresses, and counties of residence, or, if deceased, the date and place of death, of the following persons:
(i) The previously established parents and the alleged father of the child.
(ii) The guardian of the child, if any.
(iii) Any person who has physical custody of the child.
(iv) The guardian ad litem of the child, if any, as appointed pursuant to Section 7647.5.
(C) A declaration that the person filing the motion believes that the previously established father is not the genetic father of the child, the specific reasons for this belief, and a declaration that the person desires that the motion be granted. The moving party is not required to present evidence of genetic testing indicating that the previously established father is not the genetic father of the child in order to bring this motion pursuant to Section 7646.
(D) A declaration that the marital presumption set forth in Section 7540 does not apply and that an action is not barred under paragraph (2) of subdivision (a) of Section 7630.
(3) The court finds that the previously established father is not a genetic parent pursuant to Section 7555.
(b) The motion shall include a proof of service upon the following persons, excluding the person bringing the motion:
(1) The parties to the action resulting in the judgment of parentage.
(2) The local child support agency, if services are being provided to the child pursuant to Title IV-D or IV-E of the Social Security Act (42 U.S.C. Sec. 651 et seq. and 42 U.S.C. Sec. 670 et seq.).
(3) The child’s guardian ad litem, if any.
(Amended by Stats. 2018, Ch. 876, Sec. 59. (AB 2684) Effective January 1, 2019.)
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 1.5 - Setting Aside or Vacating Judgment of Parentage › Section 7647.5.

7647.5. A guardian ad litem may be appointed for the child to represent the best interests of the child in an action brought pursuant to this article.
(Added by Stats. 2004, Ch. 849, Sec. 4. 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 1.5 - Setting Aside or Vacating Judgment of Parentage › Section 7647.7.

7647.7. Any genetic testing used to support the motion to set aside or vacate shall be conducted in accordance with Section 7552. The court shall, at the request of any person authorized to make a motion pursuant to this article, or may upon its own motion, order genetic testing to assist the court in making a determination whether the previously established father is the genetic father of the child.
(Amended by Stats. 2018, Ch. 876, Sec. 60. (AB 2684) Effective January 1, 2019.)
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 1.5 - Setting Aside or Vacating Judgment of Parentage › Section 7648.

7648. The court may deny the motion to set aside or vacate a judgment establishing parentage if it determines that denial of the motion is in the best interest of the child, after consideration of the following factors:
(a) The age of the child.
(b) The length of time since the entry of the judgment establishing parentage.
(c) The nature, duration, and quality of any relationship between the previously established father and the child, including the duration and frequency of any time periods during which the child and the previously established father resided in the same household or enjoyed a parent and child relationship.
(d) The request of the previously established father that the parent and child relationship continue.
(e) Notice by the biological father of the child that the biological father does not oppose preservation of the relationship between the previously established father and the child.
(f) The benefit or detriment to the child in establishing the genetic father as the parent of the child.
(g) Whether the conduct of the previously established father has impaired the ability to ascertain the identity of, or get support from, the biological father.
(h) Additional factors deemed by the court to be relevant to its determination of the best interest of the child.
(Amended by Stats. 2019, Ch. 115, Sec. 94. (AB 1817) Effective January 1, 2020.)
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 1.5 - Setting Aside or Vacating Judgment of Parentage › Section 7648.1.

7648.1. If the court denies a motion pursuant to Section 7648, the court shall state on the record the basis for the denial of that motion and any supporting facts.
(Added by Stats. 2004, Ch. 849, Sec. 4. 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 1.5 - Setting Aside or Vacating Judgment of Parentage › Section 7648.2.

7648.2. (a) This section applies only to cases where support enforcement services are being provided by a local child support agency pursuant to Section 17400.
(b) Upon receipt of any motion brought pursuant to Section 7646, the local child support agency may issue an administrative order requiring the mother, child, and the previously established father to submit to genetic testing if all of the conditions of paragraphs (1) and (2) of subdivision (a) of Section 7647 are satisfied.
(c) The local child support agency shall pay the costs of any genetic tests that are ordered under subdivision (b) or are ordered by a court for cases in which the local child support agency is providing services under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.).
(d) Nothing in this section prohibits any person who has been ordered by a local child support agency to submit to genetic tests pursuant to this section from filing a notice of motion with the court seeking relief from the local child support agency’s order to submit to genetic tests. In that event, the court shall resolve the issue of whether genetic tests should be ordered as provided in Section 7647.7. If any person refuses to submit to the tests after receipt of the administrative order pursuant to this section and fails to seek relief from the court from the administrative order either prior to the scheduled tests or within 10 days after the tests are scheduled, the court may resolve the question of paternity against that person or enforce the administrative order if the rights of others or the interest of justice so require.
(Added by Stats. 2004, Ch. 849, Sec. 4. 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 1.5 - Setting Aside or Vacating Judgment of Parentage › Section 7648.3.

7648.3. A court may not issue an order setting aside or vacating a judgment establishing paternity pursuant to this article under any of the following circumstances:
(a) The judgment was made or entered by a tribunal of another state, even if the enforcement of that judgment is sought in this state.
(b) The judgment was made or entered in this state and genetic tests were conducted prior to the entry of the judgment which did not exclude the previously established father as the biological father of the child.
(Added by Stats. 2004, Ch. 849, Sec. 4. 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 1.5 - Setting Aside or Vacating Judgment of Parentage › Section 7648.4.

7648.4. Notwithstanding any other provision of law, if the court grants a motion to set aside or vacate a paternity judgment pursuant to this article, the court shall vacate any order for child support and arrearages issued on the basis of that previous judgment of paternity. The previously established father has no right of reimbursement for any amount of support paid prior to the granting of the motion.
(Added by Stats. 2004, Ch. 849, Sec. 4. 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 1.5 - Setting Aside or Vacating Judgment of Parentage › Section 7648.8.

7648.8. This article does not establish a basis for termination of any adoption, and does not affect any obligation of an adoptive parent to an adoptive child.
(Added by Stats. 2004, Ch. 849, Sec. 4. 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 1.5 - Setting Aside or Vacating Judgment of Parentage › Section 7648.9.

7648.9. This article does not establish a basis for setting aside or vacating a judgment establishing paternity with regard to a child conceived by assisted reproduction pursuant to Section 7613 or a child conceived pursuant to a surrogacy agreement.
(Amended by Stats. 2013, Ch. 510, Sec. 14. (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 1.5 - Setting Aside or Vacating Judgment of Parentage › Section 7649.

7649. This article does not limit the rights and remedies available under any other law with regard to setting aside or vacating a judgment of parentage.
(Amended by Stats. 2018, Ch. 876, Sec. 62. (AB 2684) Effective January 1, 2019.)
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 1.5 - Setting Aside or Vacating Judgment of Parentage › Section 7649.5.

7649.5. Notwithstanding any other provision of this article, a distribution from the estate of a decedent or payment made by a trustee, insurance company, pension fund, or any other person or entity that was made in good faith reliance on a judgment establishing paternity that is final for purposes of direct appeal, may not be set aside or subject to direct or collateral attack because of the entry of an order setting aside or vacating a judgment under this article. An estate, trust, personal representative, trustee, or any other person or entity that made that distribution or payment may not incur any liability to any person because of the distribution or payment or because of the entry of an order under this article.
(Added by Stats. 2004, Ch. 849, Sec. 4. 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 2 - Determination of Mother and Child Relationship › Section 7650.

7650. (a) Any interested person may bring an action to determine the existence or nonexistence of a mother and child relationship. Insofar as practicable, the provisions of this division applicable to the father and child relationship apply.
(b) A woman is presumed to be the natural mother of a child if 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. 2018, Ch. 876, Sec. 63. (AB 2684) Effective January 1, 2019.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 3 - UNIFORM PARENTAGE ACT › CHAPTER 5 - Termination of Parental Rights in Adoption Proceedings › Section 7660.

7660. If a mother relinquishes for or consents to, or proposes to relinquish for or consent to, the adoption of a child who has a presumed parent under Section 7611, the presumed parent shall be given notice of the adoption proceeding and have the rights provided under Part 2 (commencing with Section 8600) of Division 13, unless that parent’s relationship to the child has been previously terminated or determined by a court not to exist or the presumed parent has voluntarily relinquished for or consented to the adoption of the child.
(Amended by Stats. 2013, Ch. 510, Sec. 15. (AB 1403) Effective January 1, 2014.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 3 - UNIFORM PARENTAGE ACT › CHAPTER 5 - Termination of Parental Rights in Adoption Proceedings › Section 7660.5.

7660.5. Notwithstanding any other provision of law, a presumed father may waive the right to notice of any adoption proceeding by executing a form developed by the department before an authorized representative of the department, an authorized representative of a licensed public or private adoption agency, or a notary public or other person authorized to perform notarial acts. The waiver of notice form may be validly executed before or after the birth of the child, and once signed no notice, relinquishment for, or consent to adoption of the child shall be required from the father for the adoption to proceed. This shall be a voluntary and informed waiver without undue influence. If the child is an Indian child as defined under the Indian Child Welfare Act (ICWA), any waiver of consent by an Indian presumed father shall be executed in accordance with the requirements for voluntary adoptions set forth in Section 1913 of Title 25 of the United States Code. The waiver shall not affect the rights of any known federally recognized Indian tribe or tribes from which the child or the presumed father may be descended to notification of, or participation in, adoption proceedings as provided by the ICWA. Notice that the waiver has been executed shall be given to any known federally recognized Indian tribe or tribes from which the child or the presumed father may be descended, as required by the ICWA.
(Amended by Stats. 2008, Ch. 534, Sec. 4. Effective January 1, 2009.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 3 - UNIFORM PARENTAGE ACT › CHAPTER 5 - Termination of Parental Rights in Adoption Proceedings › Section 7661.

7661. If the other parent relinquishes for or consents to, or proposes to relinquish for or consent to, the adoption of a child, the mother shall be given notice of the adoption proceeding and have the rights provided under Part 2 (commencing with Section 8600) of Division 13, unless the mother’s relationship to the child has been previously terminated by a court or the mother has voluntarily relinquished for or consented to the adoption of the child.
(Amended by Stats. 2013, Ch. 510, Sec. 16. (AB 1403) Effective January 1, 2014.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 3 - UNIFORM PARENTAGE ACT › CHAPTER 5 - Termination of Parental Rights in Adoption Proceedings › Section 7662.

7662. (a) If a mother relinquishes for or consents to, or proposes to relinquish for or consent to, the adoption of a child, or if a child otherwise becomes the subject of an adoption proceeding, the agency or person to whom the child has been or is to be relinquished, or the mother or the person having physical or legal custody of the child, or the prospective adoptive parent, shall file a petition to terminate the parental rights of the alleged father, unless one of the following occurs:
(1) The alleged father’s relationship to the child has been previously terminated or determined not to exist by a court.
(2) The alleged father has been served as prescribed in Section 7666 with a written notice alleging that the alleged father is or could be the biological father of the child to be adopted or placed for adoption and has failed to bring an action for the purpose of declaring the existence of the father and child relationship pursuant to subdivision (c) of Section 7630 within 30 days of service of the notice or the birth of the child, whichever is later.
(3) The alleged father has executed a written form developed by the department to waive notice, to deny parentage, relinquish the child for adoption, or consent to the adoption of the child.
(b) The alleged father may validly execute a waiver or denial of parentage before or after the birth of the child, and, once signed, no notice of, relinquishment for, or consent to adoption of the child shall be required from the alleged father for the adoption to proceed.
(c) Except as provided in this subdivision and subdivision (d), all proceedings affecting a child, including proceedings under Divisions 8 (commencing with Section 3000) to 11 (commencing with Section 6500), inclusive, Part 1 (commencing with Section 7500) to Part 3 (commencing with Section 7600), inclusive, of this division, and Part 1 (commencing with Section 1400), Part 2 (commencing with Section 1500), and Part 4 (commencing with Section 2100) of Division 4 of the Probate Code, and any motion or petition for custody or visitation filed in a proceeding under this part, shall be stayed. The petition to terminate parental rights under this section is the only matter that may be heard during the stay until the court issues a final ruling on the petition.
(d) This section does not limit the jurisdiction of the court pursuant to Part 3 (commencing with Section 6240) and Part 4 (commencing with Section 6300) of Division 10 with respect to domestic violence orders, or pursuant to Article 6 (commencing with Section 300) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code with respect to dependency proceedings.
(Amended by Stats. 2019, Ch. 115, Sec. 95. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 3 - UNIFORM PARENTAGE ACT › CHAPTER 5 - Termination of Parental Rights in Adoption Proceedings › Section 7663.

7663. (a) In an effort to identify all alleged fathers and presumed parents, the court shall cause inquiry to be made of the mother and any other appropriate person by one of the following:
(1) The State Department of Social Services.
(2) A licensed county adoption agency.
(3) The licensed adoption agency to which the child is to be relinquished.
(4) In the case of a stepparent adoption, the licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor who is performing the investigation pursuant to Section 9001, if applicable. In the case of a stepparent adoption in which a licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor is not performing the investigation pursuant to Section 9001, the board of supervisors may assign those inquiries to a licensed county adoption agency, the county department designated by the board of supervisors to administer the public social services program, or the county probation department.
(b) The inquiry shall include all of the following:
(1) Whether the mother was married at the time of conception of the child or at any time thereafter.
(2) Whether the mother was cohabiting with a man at the time of conception or birth of the child.
(3) Whether the mother has received support payments or promises of support with respect to the child or in connection with the pregnancy.
(4) Whether any person has formally or informally acknowledged or declared possible parentage of the child.
(5) The names and whereabouts, if known, of every person presumed or alleged to be the parent of the child, and the efforts made to give notice of the proposed adoption to each person identified.
(c) The agency that completes the inquiry shall file a written report of the findings with the court.
(Amended by Stats. 2019, Ch. 115, Sec. 96. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 3 - UNIFORM PARENTAGE ACT › CHAPTER 5 - Termination of Parental Rights in Adoption Proceedings › Section 7664.

7664. (a) If, after the inquiry, the biological father is identified to the satisfaction of the court, or if more than one man is identified as a possible biological father, notice of the proceeding shall be given in accordance with Section 7666. If an alleged biological father fails to appear or, if appearing, fails to claim parental rights, those parental rights with reference to the child shall be terminated.
(b) If the biological father or a man claiming to be the biological father claims parental rights, the court shall determine biological parentage. The court shall then determine if it is in the best interest of the child that the biological father retain parental rights, or that an adoption of the child be allowed to proceed. The court, in making that determination, may consider all relevant evidence, including the efforts made by the biological father to obtain custody, the age and prior placement of the child, and the effects of a change of placement on the child.
(c) If the court finds that it is in the best interest of the child that the biological father should be allowed to retain parental rights, the court shall order that the biological father’s consent is necessary for an adoption. If the court finds that the man claiming parental rights is not the biological father, or that if the man is the biological father it is in the child’s best interest that an adoption be allowed to proceed, the court shall order that the consent of that man is not required for an adoption. This finding terminates all parental rights and responsibilities with respect to the child.
(Amended by Stats. 2019, Ch. 115, Sec. 97. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 3 - UNIFORM PARENTAGE ACT › CHAPTER 5 - Termination of Parental Rights in Adoption Proceedings › Section 7665.

7665. If, after the inquiry, the court is unable to identify the biological father or any possible biological father and no person has appeared claiming to be the biological father and claiming custodial rights, the court shall enter an order terminating the unknown biological father’s parental rights with reference to the child.
(Amended by Stats. 2013, Ch. 510, Sec. 20. (AB 1403) Effective January 1, 2014.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 3 - UNIFORM PARENTAGE ACT › CHAPTER 5 - Termination of Parental Rights in Adoption Proceedings › Section 7666.

7666. (a) Except as provided in subdivision (b), notice of the proceeding shall be given to every person identified as the biological father or a possible biological father in accordance with the Code of Civil Procedure for the service of process in a civil action in this state at least 10 days before the date of the proceeding, except that publication or posting of the notice of the proceeding is not required, and service on the parent or guardian of a biological father or possible biological father who is a minor is not required unless the minor has previously provided written authorization to serve the minor’s parent or guardian. Proof of giving the notice shall be filed with the court before the petition is heard.
(b) Notice to a man identified as or alleged to be the biological father is not required, and the court shall issue an order dispensing with that notice under any of the following circumstances:
(1) The relationship to the child has been previously terminated or determined not to exist by a court.
(2) The alleged father has executed a written form to waive notice, deny parentage, relinquish the child for adoption, or consent to the adoption of the child.
(3) The whereabouts or identity of the alleged father are unknown or cannot be ascertained.
(4) The alleged father has been served with written notice of alleged parentage and the proposed adoption, and has failed to bring an action pursuant to subdivision (c) of Section 7630 within 30 days of service of the notice or the birth of the child, whichever is later.
(Amended by Stats. 2019, Ch. 115, Sec. 98. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 3 - UNIFORM PARENTAGE ACT › CHAPTER 5 - Termination of Parental Rights in Adoption Proceedings › Section 7667.

7667. (a) Notwithstanding any other law, an action to terminate the parental rights of an alleged father of a child as specified in this part shall be set for hearing not more than 45 days after filing of the petition, except as provided in subdivision (c).
(b) The matter so set shall have precedence over all other civil matters on the date set for trial, except an action to terminate parental rights pursuant to Part 4 (commencing with Section 7800).
(c) The court may dispense with a hearing and issue an ex parte order terminating parental rights if any of the following applies:
(1) The identity or whereabouts of the alleged father are unknown.
(2) The alleged father has validly executed a waiver of the right to notice or a denial of parentage.
(3) The alleged father has been served with written notice of alleged parentage and the proposed adoption, and has failed to bring an action pursuant to subdivision (c) of Section 7630 within 30 days of service of the notice or the birth of the child, whichever is later.
(Amended by Stats. 2019, Ch. 115, Sec. 99. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 3 - UNIFORM PARENTAGE ACT › CHAPTER 5 - Termination of Parental Rights in Adoption Proceedings › Section 7668.

7668. (a) The court may continue the proceedings for not more than 30 days as necessary to appoint counsel and to enable counsel to prepare for the case adequately or for other good cause.
(b) In order to obtain an order for a continuance of the hearing, written notice shall be filed within two court days of the date set for the hearing, together with affidavits or declarations detailing specific facts showing that a continuance is necessary, unless the court for good cause entertains an oral motion for continuance.
(c) Continuances shall be granted only upon a showing of good cause. Neither a stipulation between counsel nor the convenience of the parties is in and of itself a good cause.
(d) A continuance shall be granted only for that period of time shown to be necessary by the evidence considered at the hearing on the motion. If a continuance is granted, the facts proven which require the continuance shall be entered upon the minutes of the court.
(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 5 - Termination of Parental Rights in Adoption Proceedings › Section 7669.

7669. (a) An order requiring or dispensing with an alleged father’s consent for the adoption of a child may be appealed from in the same manner as an order of the juvenile court declaring a person to be a ward of the juvenile court and is conclusive and binding upon the alleged father.
(b) After making the order, the court has no power to set aside, change, or modify that order.
(c) Nothing in this section limits the right to appeal from the order and judgment.
(Amended by Stats. 2013, Ch. 510, Sec. 23. (AB 1403) Effective January 1, 2014.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 3 - UNIFORM PARENTAGE ACT › CHAPTER 5 - Termination of Parental Rights in Adoption Proceedings › Section 7670.

7670. There shall be no filing fee charged for a petition filed pursuant to Section 7662.
(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 5 - Termination of Parental Rights in Adoption Proceedings › Section 7671.

7671. A single petition may be filed pursuant to Section 7662 to terminate the parental rights of the alleged father or fathers of two or more biological siblings or to terminate the parental rights of two or more alleged fathers of the same child. A petition filed in accordance with this section may be granted in whole or in part in accordance with the procedures set forth in this chapter. The court shall retain discretion to bifurcate any case in which the petition was filed in accordance with this section, and shall do so whenever it is necessary to protect the interests of a party or a child who is the subject of the proceeding.
(Added by Stats. 2014, Ch. 763, Sec. 4. (AB 1701) Effective January 1, 2015.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 3 - UNIFORM PARENTAGE ACT › CHAPTER 6 - Protective and Restraining Orders › ARTICLE 1 - Orders in Summons › Section 7700.

7700. In addition to the contents required by Section 412.20 of the Code of Civil Procedure, in a proceeding under this part the summons shall contain a temporary restraining order restraining all parties, without the prior written consent of the other party or an order of the court, from removing from the state any minor child for whom the proceeding seeks to establish a parent and child relationship.
(Repealed and added by Stats. 1993, Ch. 219, Sec. 179.6. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 3 - UNIFORM PARENTAGE ACT › CHAPTER 6 - Protective and Restraining Orders › ARTICLE 2 - Ex Parte Orders › Section 7710.

7710. During the pendency of a proceeding under this part, on application of a party in the manner provided by Part 4 (commencing with Section 240) of Division 2, the court may issue ex parte a protective order as defined in Section 6218 and any other order as provided in Article 1 (commencing with Section 6320) of Chapter 2 of Part 4 of Division 10.
(Repealed and added by Stats. 1993, Ch. 219, Sec. 179.6. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 3 - UNIFORM PARENTAGE ACT › CHAPTER 6 - Protective and Restraining Orders › ARTICLE 3 - Orders After Notice and Hearing › Section 7720.

7720. (a) After notice and a hearing, the court may issue a protective order as defined in Section 6218 and any other restraining order as provided in Article 2 (commencing with Section 6340) of Chapter 2 of Part 4 of Division 10.
(b) The court may not issue a mutual protective order pursuant to subdivision (a) unless it meets the requirements of Section 6305.
(Amended by Stats. 1995, Ch. 246, Sec. 3. Effective January 1, 1996.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 3 - UNIFORM PARENTAGE ACT › CHAPTER 6 - Protective and Restraining Orders › ARTICLE 4 - Orders Included in Judgment › Section 7730.

7730. A judgment entered in a proceeding under this part may include a protective order as defined in Section 6218 and any other restraining order as provided in Article 3 (commencing with Section 6360) of Chapter 2 of Part 4 of Division 10.
(Repealed and added by Stats. 1993, Ch. 219, Sec. 179.6. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 4 - FREEDOM FROM PARENTAL CUSTODY AND CONTROL › CHAPTER 1 - General Provisions › Section 7800.

7800. The purpose of this part is to serve the welfare and best interest of a child by providing the stability and security of an adoptive home when those conditions are otherwise missing from the child’s life.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)