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.

Document details

CollectionCalifornia Statutes
CitationCal. FAM § 7612
Date2019-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierFAM7612.201887648

Establishing Parent and Child Relationship

Cal. FAM § 7612

California Statutes

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.

Document details

CollectionCalifornia Statutes
CitationCal. FAM § 7612
Date2019-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierFAM7612.201887648