Establishing Parent and Child Relationship
Cal. FAM § 7612
California Statutes
(
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 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 that conflict with each other, or if one or more presumptions under
Section 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 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 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.