Published: 2015-07-08
Key Benefits:
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. Effective January 1, 2014.)
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 his or her 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 his or her home and openly holds out the child as his or her natural child.
(e) If the child was born and resides in a nation with which the United States engages in an Orderly Departure Program or successor program, he acknowledges that he is the child’s father in a declaration under penalty of perjury, as specified in Section 2015.5 of the Code of Civil Procedure. This subdivision shall remain in effect only until January 1, 1997, and on that date shall become inoperative.
(f) The child is in utero after the death of the decedent and the conditions set forth in Section 249.5 of the Probate Code are satisfied.
(Amended by Stats. 2013, Ch. 510, Sec. 3. Effective January 1, 2014.)
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.)
(a) Except as provided in Chapter 1 (commencing with Section 7540) and Chapter 3 (commencing with Section 7570) of Part 2 or in Section 20102, a presumption under Section 7611 is a rebuttable presumption affecting the burden of proof and may be rebutted in an appropriate action only by clear and convincing evidence.
(b) If two or more presumptions arise under Section 7610 or 7611 that conflict with each other, or if a presumption under Section 7611 conflicts with a claim pursuant to Section 7610, the presumption which on the facts is founded on the weightier considerations of policy and logic controls.
(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) Within two years of the execution of a voluntary declaration of paternity, a person who is presumed to be a parent under Section 7611 may file a petition pursuant to Section 7630 to set aside a voluntary declaration of paternity. The court’s ruling on the petition to set aside the voluntary declaration of paternity shall be made taking into account the validity of the voluntary declaration of paternity, and the best interests of the child based upon the court’s consideration of the factors set forth in subdivision (b) of Section 7575, as well as the best interests of the child based upon the nature, duration, and quality of the petitioning party’s relationship with the child and the benefit or detriment to the child of continuing that relationship. In the event of any conflict between the presumption under Section 7611 and the voluntary declaration of paternity, the weightier considerations of policy and logic shall control.
(f) A voluntary declaration of paternity is invalid if, at the time the declaration was signed, any of the following conditions exist:
(1) The child already had a presumed parent under Section 7540.
(2) The child already had a presumed parent under subdivision (a), (b), or (c) of Section 7611.
(3) The man signing the declaration is a sperm donor, consistent with subdivision (b) of Section 7613.
(Amended by Stats. 2013, Ch. 564, Sec. 6.5. Effective January 1, 2014.)
(a) If, under the supervision of a licensed physician and surgeon and with the consent of her spouse, a woman conceives through assisted reproduction with semen donated by a man not her husband, the spouse is treated in law as if he or she were the natural parent of a child thereby conceived. The spouse’s consent shall be in writing and signed by both spouses. The physician and surgeon shall certify their signatures and the date of the assisted reproduction procedure, and retain the spouse’s consent as part of the medical record, where it shall be kept confidential and in a sealed file. However, the physician and surgeon’s failure to do so does not affect the parent and child relationship. All papers and records pertaining to the assisted reproduction procedure, whether part of the permanent record of a court or of a file held by the supervising physician and surgeon or elsewhere, are subject to inspection only upon an order of the court for good cause shown.
(b) The donor of semen provided to a licensed physician and surgeon or to a licensed sperm bank for use in assisted reproduction of a woman other than the donor’s spouse is treated in law as if he were not the natural parent of a child thereby conceived, unless otherwise agreed to in a writing signed by the donor and the woman prior to the conception of the child.
(Amended by Stats. 2013, Ch. 510, Sec. 5. Effective January 1, 2014.)
(a) An intended parent may, but is not required to, use the forms set forth in this section to demonstrate his or her intent to be a legal parent of a child conceived through assisted reproduction. These forms shall satisfy the writing requirement specified in Section 7613, and are designed to provide clarity regarding the intentions, at the time of conception, of intended parents using assisted reproduction. These forms do not affect any presumptions of parentage based on Section 7611, and do not preclude a court from considering any other claims to parentage under California statute or case law.
(b) These forms apply only in very limited circumstances. Please read the forms carefully to see if you qualify for use of the forms.
(c) These forms do not apply to assisted reproduction agreements for gestational carriers or surrogacy agreements.
(d) Nothing in this section shall be interpreted to require the use of one of these forms to satisfy the writing requirement of Section 7613.
(e) The following are the optional California Statutory Forms for Assisted Reproduction:
California Statutory Forms for Assisted Reproduction, Form 1: |
Married Spouses or Registered Domestic Partners Using Assisted Reproduction to Conceive a Child |
Use this form if: (1) You and the other person are married spouses or registered domestic partners (including registered domestic partners or civil union partners from another jurisdiction); (2) you and the other person are conceiving a child through assisted reproduction using sperm and/or egg donation; and (3) one of you will be giving birth. |
WARNING: Signing this form does not terminate the parentage claim of a sperm donor. A sperm donor’s claim to parentage is terminated if the sperm is provided to a licensed physician or surgeon or to a licensed sperm bank prior to insemination as required by Section 7613(b) of the Family Code. |
The laws about parentage of a child are complicated. You are strongly encouraged to consult with an attorney about your rights. Even if you do not fill out this form, a spouse or domestic partner of the parent giving birth is presumed to be a legal parent of any child born during the marriage or domestic partnership. |
This form demonstrates your intent to be parents of the child you plan to conceive through assisted reproduction using sperm and/or egg donation. |
I, ____________________ (print name of spouse/partner), am married to, or in a registered domestic partnership (including a registered domestic partnership or civil union from another jurisdiction) with, a person who will give birth to a child we plan to conceive through assisted reproduction using sperm and/or egg donation. I consent to the use of assisted reproduction by my spouse/domestic partner to conceive a child. I INTEND to be a parent of the child conceived. |
SIGNATURES |
Intended parent who will give birth: ___________________ (print name) |
________________________ (signature) ____________(date) |
Intended parent spouse or registered domestic partner: ____________ (print name) |
_________________________ (signature) ___________(date) |
NOTARY ACKNOWLEDGMENT |
State of California |
County of ) _____ |
On before me, (insert name and title of the officer) |
personally appeared , |
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. |
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. |
WITNESS my hand and official seal. |
Signature(Seal) |
California Statutory Forms for Assisted Reproduction, Form 2: |
Unmarried, Intended Parents Using Intended Parent’s Sperm to Conceive a Child |
Use this form if: (1) Neither you or the other person are married or in a registered domestic partnership (including a registered domestic partnership or civil union from another state); (2) one of you will give birth to a child conceived through assisted reproduction using the intended parent’s sperm; and (3) you both intend to be parents of that child. |
Do not use this form if you are conceiving using a surrogate. |
WARNING: If you do not sign this form, you may be treated as a sperm donor if your sperm is provided to a licensed physician or surgeon or to a licensed sperm bank prior to insemination according to Section 7613(b) of the Family Code. |
The laws about parentage of a child are complicated. You are strongly encouraged to consult with an attorney about your rights. |
This form demonstrates your intent to be parents of the child you plan to conceive through assisted reproduction using sperm donation. |
I, ____________________ (print name of parent giving birth), plan to use assisted reproduction with another intended parent who is providing sperm to conceive the child. I am not married and am not in a registered domestic partnership (including a registered domestic partnership or civil union from another jurisdiction), and I INTEND for the person providing sperm to be a parent of the child to be conceived. |
I, ____________________ (print name of parent providing sperm), plan to use assisted reproduction to conceive a child using my sperm with the parent giving birth. I am not married and am not in a registered domestic partnership (including a registered domestic partnership or civil union from another jurisdiction), and I INTEND to be a parent of the child to be conceived. |
SIGNATURES |
Intended parent giving birth: ___________________ (print name) |
________________________ (signature) ____________(date) |
Intended parent providing sperm: ____________ (print name) |
_________________________ (signature) ___________(date) |
NOTARY ACKNOWLEDGMENT |
State of California |
County of ) _____ |
On before me, (insert name and title of the officer) |
personally appeared , |
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. |
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. |
WITNESS my hand and official seal. |
Signature(Seal) |
California Statutory Forms for Assisted Reproduction, Form 3: |
Intended Parents Conceiving a Child Using Eggs from One Parent and the Other Parent Will Give Birth |
Use this form if: You are conceiving a child using the eggs from one of you and the other person will give birth to the child; (2) and you both intend to be parents to that child. |
Do not use this form if you are conceiving using a surrogate. |
WARNING: Signing this form does not terminate the parentage claim of a spermdonor. A sperm donor’s claim to parentage is terminated if the sperm is provided to a licensed physician or surgeon or to a licensed sperm bank prior to insemination as required by Section 7613(b) of the Family Code. |
The laws about parentage of a child are complicated. You are strongly encouraged to consult with an attorney about your rights. |
This form demonstrates your intent to be parents of the child you plan to conceive through assisted reproduction using eggs from one parent and the other parent will give birth to the child. |
I, ____________________ (print name of parent giving birth), plan to use assisted reproduction to conceive and give birth to a child with another person who will provide eggs to conceive the child. I INTEND for the person providing eggs to be a parent of the child to be conceived. |
I, ____________________ (print name of parent providing eggs), plan to use assisted reproduction to conceive a child with another person who will give birth to the child conceived using my eggs. I INTEND to be a parent of the child to be conceived. |
SIGNATURES |
Intended parent giving birth: ___________________ (print name) |
________________________ (signature) ____________(date) |
Intended parent providing eggs: ____________ (print name) |
_________________________ (signature) ___________(date) |
NOTARY ACKNOWLEDGMENT |
State of California |
County of ) _____ |
On before me, (insert name and title of the officer) |
personally appeared , |
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. |
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. |
WITNESS my hand and official seal. |
Signature(Seal) |
(Added by Stats. 2014, Ch. 636, Sec. 1. Effective January 1, 2015.)
(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. Effective January 1, 2014.)