AMENDMENT TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 24, 2025, effective July 1, 2026, to read: Rule 5.2. Division title;

definitions; application of rules and laws ............................ 2 1 Rule 5.7. Use of forms ............................................................................................... 2 2 Rule 5.16. Designation of parties ............................................................................... 2 3 Rule 5.50. Papers issued by the court ........................................................................ 3 4 Rule 5.51. Confidential cover sheet for parentage actions or proceedings 5 involving assisted reproduction; other requirements [Repealed] ......................... 4 6 Rule 5.52.

Declaration under Uniform Child Custody Jurisdiction and Enforcement 7 Act (UCCJEA) ............................................................................................................ 5 8 Rule 5.78. Actions or proceedings to determine a parental (or nonparental) 9 relationship involving an assisted reproduction agreement ........................................ 5 10 Rule 5.96. Place and manner of filing........................................................................ 8 11 12

2 Rule 5.2. Division title;

definitions; application of rules and laws 1 2 (a) * * * 3 4 (

b) Definitions and use of terms 5 6 As used in this division, unless the context or subject matter otherwise requires, the 7 following

definitions apply: 8 9 (1)–(11) * * * 10 11 (12) “Gestational carrier agreement” refers to an assisted reproduction agreement 12 for gestational carriers as described in Family Code

section 7962. 13 14 (Subd (

b) amended effective July 1, 2026; previously amended effective July 1, 2020.) 15 16 17 Rule 5.7. Use of forms 18 19 (

a) Status of family law and domestic violence forms 20 21 All forms adopted or approved by the Judicial Council for use in any proceeding 22 under the Family Code,— including any form in the FL, ADOPT, DV, and EJ, and 23 SUR series, — are adopted as rules of court under the authority of Family Code 24

section 211;

article VI,

section 6 of the California Constitution; and other 25 applicable law. 26 27 (Subd (

a) amended effective July 1, 2026) 28 29 (b)–(c) * * * 30 31 32 Rule 5.16. Designation of parties 33 34 (a) * * * 35 36 (

b) Parties to proceeding 37 38 (1)–(4) * * * 39 40

(5) The only persons or agencies permitted to be parties to a family law 41 proceeding to establish determine parentage are the following: the presumed 42 or putative parents of the minor child, the minor child, a third party who is 43

3 joined in the case under rule 5.24, or a local child support agency that 1 intervenes in the case. 2 3 (

A) The presumed or putative parents of the child; 4 5 (

B) The intended or natural parents of a child conceived through assisted 6 reproduction as defined in Family Code

section 7613 and sections 7 7690–7692; 8 9 (

C) The gestational carrier, as named in a gestational carrier agreement, and 10 the gestational carrier’s spouse or domestic partner; 11 12 (

D) The child, as described in Family Code

section 7635(a); 13 14 (

E) A third party who is joined in the case under rule 5.24; or 15 16 (

F) A local child support agency that intervenes in the case. 17 18 (Subd (

b) amended effective July 1, 2026.; previously amended effective January 1, 2026) 19 20 21 Rule 5.50. Papers issued by the court 22 23 (

a) Issuing the summons; form 24 25 If a summons is required to commence a family law case, the clerk of the court 26 must issue the summons using the same procedure for issuing a summons in civil 27 actions, generally. 28 29

(1) The clerk of the court must: 30 31 (

A) Issue a Summons (Family Law) (form FL-110) for divorces, legal 32 separations, or annulment cases involving married persons or domestic 33 partnerships; 34 35 (

B) Issue a Summons (Uniform Parentage— Petition for Custody and 36 Support) (form FL-210) for parentage or custody and support cases; 37 38 (

C) Issue a Summons (UIFSA) (form FL-510) when a party seeks to 39 establish or enforce child support orders from other states; 40 41

4 (

D) Process a Summons and Complaint or Supplemental Complaint 1 Regarding Parental Obligations (form FL-600) as specified in rule 2 5.325; 3 4 (

E) Issue Summons— Gestational Carrier Agreement (form SUR-110) 5 when parties file Petition to Determine Parental Relationship (form 6 SUR-100); and 7 8 (

F) Issue Joint Summons— Joint Petition (form FL-710) when parties file a 9 joint petition for dissolution of marriage or domestic partnership or 10 legal separation as specified in Family Code sections 2330(

c) and 2331. 11 12 (2) * * * 13 14 (Subd (

a) amended effective January 1, 2026.) 15 16 (

b) Automatic temporary family law restraining order in summons; handling by 17 the clerk of the court 18 19 (Subd (

b) amended effective July 1, 2026.) 20 * * * 21 22 (c) * * * 23 24 25 Rule 5.51. Confidential cover sheet for parentage actions or proceedings involving 26 assisted reproduction; other requirements [Repealed] 27 28 (

a) Application 29 30 This rule applies to actions or proceedings filed with the court after January 1, 31 2023, involving assisted reproduction, in which the parties seek to determine a 32 parental relationship under Family Code

section 7613 or 7630, or sections 7960– 33 7962. 34 35 (

b) Filing Requirement 36 37 To comply with Family Code

section 7643.5, for all actions in (a): 38 39

(1) Petitioner must complete a Confidential Cover Sheet— Parentage Action 40 Involving Assisted Reproduction (form FL-211) and attach it to the initial 41 papers being filed with the court; and 42 43

(2) The court clerk must maintain form FL-211, the initial papers, and all 1 subsequent papers— other than the final judgment— in a confidential court 2 file. 3 4 Rule 5.51 repealed effective July 1, 2026; adopted effective January 1, 2023. 5 6 7 Rule 5.52. Declaration under Uniform Child Custody Jurisdiction and Enforcement 8 Act (UCCJEA) 9 10 (

a) Filing requirements; application 11 12

(1) Petitioner and respondent must each complete, serve, and file a Declaration 13 Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) 14 (form FL-105/GC-120) if there are children of their relationship under the 15 age of 18 years. 16 17

(2) The form is a required attachment to the petition and response in actions for 18 divorce, or in actions to establish parentage to determine a parental 19 relationship (except as provided in (3), or in actions for custody and support 20 of minor children. 21 22

(3) The form is not a required attachment to the petition and response in actions 23 to determine a parental relationship involving a gestational carrier agreement 24 unless the petition or response specifies that child custody or visitation 25 (parenting time) or both are at issue in the case. 26 27 (Subd (

a) amended effective July 1, 2026) 28 29 (b) * * * 30 31 32 Rule 5.78. Actions or proceedings to determine a parental (or nonparental) 33 relationship involving an assisted reproduction agreement 34 35 (

a) Authority 36 37 This rule applies to actions or proceedings filed with the court involving an assisted 38 reproduction agreement as defined by Family Code

section 7606(b), in which the 39 parties seek a court judgment determining a parental (or nonparental) relationship 40 under Family Code

section 7613 or 7630(

f) or sections 7960–7962. 41 42

6 (

b) Confidentiality 1 2 Actions or proceedings to determine a parental (or nonparental) relationship 3 involving an assisted reproduction agreement are confidential under the Uniform 4 Parentage Act. 5 6 (

c) Actions involving statutory forms and traditional surrogacy 7 8 For matters involving traditional surrogacy, as defined by Family Code

section 9 7960(f)(1), or matters involving use of the assisted reproduction agreements found 10 in Family Code

section 7613.5 (including those involving the disposition of 11 embryos), parties commence an action in family court to seek a judgment 12 determining a parental (or nonparental) relationship by using the following forms: 13 14

(1) Confidential Cover Sheet— Parentage Action Involving Assisted 15 Reproduction (form FL-211); 16 17

(2) Summons (form FL-210); 18 19

(3) Petition to Determine Parental Relationship (form FL-200); 20 21

(4) Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act 22 (UCCJEA) (form FL-105), only if child custody or visitation (parenting time) 23 or both are at issue in the case; or 24 25

(5) Any forms required for subsequent filings in actions under the Uniform 26 Parentage Act. 27 28 (

d) Actions involving a gestational carrier agreement 29 30

(1) Parties to a gestational carrier agreement must commence an action in family 31 court to seek a judgment determining a parental (or nonparental) relationship 32 to a child born or expected to be born by using either: 33 34 (

A) Petition to Determine Parental Relationship (form SUR-100); or 35 36 (

B) Joint Petition to Determine Parental Relationship (form SUR-100(J)). 37 38

(2) Petitioner may, with the consent of other parties, complete and file with the 39 clerk of the court all the forms and documents required of all parties to 40 initiate the case and request entry of judgment. Petitioner may, but is not 41 required to, file all the forms and documents at one time. 42 43

(3) Consistent with Family Code

section 7962: 1 2 (

A) A true and correct copy of the notarized gestational carrier agreement 3 must be lodged with the clerk of the court, with the declarations of the 4 separate, independent attorneys attached. If applicable, a true and 5 correct copy of the English translation of the gestational carrier 6 agreement (certified under oath by a qualified interpreter) must also be 7 lodged with the clerk of court 8 9 (

B) Parties must file a declaration of the fertility physician with the clerk of 10 the court to demonstrate compliance with

section 7962(d). 11 12 (

C) Parties must file their declarations under

section 7962(

e) with the clerk 13 of the court. 14 15

(4) For cases in which respondent wants to file a response to Petition to 16 Determine Parental Relationship (form SUR-100), the response must be 17 provided on Response to Petition to Determine Parental Relationship (form 18 SUR-120). 19 20 (

e) Issuance of judgment 21 22

(1) In all assisted reproduction parentage proceedings, a judgment: 23 24 (

A) Must be issued on Judgment (form FL-250); and 25 26 (

B) Need not reference that the case involves a gestational carrier 27 agreement, if applicable. 28 29

(2) The clerk of the court must mail Notice of Entry of Judgment (form FL-190) 30 to the parties or their attorneys, if the parties are represented, as specified in 31 the Clerk’s Certificate of Mailing. 32 33 (

f) Confidentiality in actions to determine a parental (or nonparental) 34 relationship involving an assisted reproduction agreement 35 36 Other than the final judgment, the clerk of the court must maintain the following in 37 a confidential court file subject only to access under Family Code

section 7643.5: 38 39

(1) Confidential Cover Sheet— Parentage Action Involving Assisted 40 Reproduction (form FL-211) (not used in cases involving a gestational carrier 41 agreement); 42 43

(2) Petition to Determine Parental Relationship (form SUR-100); 1 2

(3) Joint Petition to Determine Parental Relationship (form SUR-100(J)); and 3 4

(4) All subsequent papers filed in the case. 5 6 Rule 5.78 adopted effective July 1, 2026. 7 8 9 Rule 5.96. Place and manner of filing 10 11 (a)–(c) * * * 12 13 (

d) Requirements for and maintenance of lodged materials 14 15

(1) Materials lodged physically with the clerk of the court must be accompanied 16 by a self-addressed envelope with sufficient postage for mailing the material 17 if the party wants the clerk of the court to return the materials lodged 18 physically. If a self-addressed, stamped envelope does not accompany 19 materials lodged physically, the clerk of the court may destroy the lodged 20 materials after determination of the matter and after notice to the party who 21 lodged the materials. 22 23

(2) Materials lodged electronically with the clerk of the court must clearly 24 specify an email address to which the notice of deletion may be sent. After 25 determination of the matter, the clerk of the court may delete lodged 26 materials in electronic form after sending electronic notice to the party who 27 lodged the materials. 28 29 (Subd (

d) adopted effective July 1, 2026.) 30 31 32