7540-7581: Presumption Concerning Child of Marriage and Genetic Testing to Determine Parentage
Establishing who a child’s legal parents are plays a crucial role in determining support, custody, inheritance rights, and benefits. California law includes detailed rules on how parentage is presumed, challenged, and confirmed through both traditional legal presumptions and scientific methods such as genetic testing. These laws apply not only to married couples but also to situations involving assisted reproduction and voluntary parentage declarations. The legal structure is designed to protect the child’s welfare while ensuring fairness for all involved.
7540–7541: Child of Wife Cohabiting With Husband
When a married couple is living together during the time of a child’s conception and birth, the law conclusively presumes the child to be theirs. This is known as the marital presumption. However, if the husband was sterile or impotent at the time and the child was not conceived through assisted reproduction, the presumption does not apply.
Challenges to this presumption must be made within two years of the child’s birth. Only a spouse, a presumed parent under other statutes, or the child through a guardian can initiate this challenge. Courts require a sworn declaration and, if permitted, may consider genetic testing. However, certain cases such as those decided before 1980 or involving assisted reproduction are excluded from genetic testing challenges.
7550–7562: Genetic Testing to Determine Parentage
Genetic testing is one of the most scientifically reliable methods for confirming or disproving biological parentage. California law allows courts or local child support agencies to order genetic testing when parentage is in question. Testing can be ordered for the person who gave birth, the child, and the alleged parent.
However, the law prohibits testing in specific cases, including when there is an existing judgment of parentage or when assisted reproduction is involved. Courts are also not allowed to order genetic testing of an unborn child.
To be admissible in court, testing must be conducted by accredited laboratories and follow strict chain of custody procedures. Testing results that show a probability of parentage of 99 percent or more and a relationship index of at least 100 to 1 establish a legal presumption of parentage. Challenges to results must meet the same scientific standards or show that someone else could be the parent.
Genetic testing is enforceable through court orders, and refusal to test can be used as evidence. Courts may resolve the case against the party refusing to cooperate if justice demands it.
7570–7581: Establishment of Parentage by Voluntary Declaration
Voluntary declarations offer a streamlined way for parents to legally establish parentage without going to court. At the time of birth, hospitals provide a form that both the woman who gave birth and the other parent can sign, as long as they meet the eligibility criteria. This declaration is equivalent to a legal judgment and comes with full parental rights and responsibilities.
The process includes informing the parents of their legal rights and obligations, and both parties must sign the form voluntarily and with understanding. Parents may rescind the declaration within 60 days, or later challenge it within two years under limited circumstances such as fraud or mistake.
In some cases, a declaration may be void altogether, such as when another person already has legal parentage. For minor parents, the declaration becomes effective only after both reach adulthood or become emancipated.
Challenges brought by individuals who are not signatories must be made within two years and must demonstrate that setting aside the declaration is in the best interest of the child. Courts will consider various factors, including the nature and duration of the relationship between the child and the person seeking to challenge parentage.
Key Takeaways
- A child born to a married couple living together is presumed to be their legal child unless proven otherwise
- Challenges to the marital presumption must be made within two years and are limited to specific parties
- Genetic testing can be ordered by courts or agencies but is restricted in cases involving assisted reproduction or final judgments
- Accurate, court-admissible genetic tests must meet scientific and procedural standards
- Voluntary declarations of parentage are legally binding and offer a simplified alternative to court proceedings
- Declarations can be rescinded within 60 days or challenged within two years under strict conditions
- Legal parentage grants the full rights and responsibilities of a parent, including child support and custody
- Refusal to cooperate with testing or falsifying declarations can have legal consequences
Conclusion
California’s laws around parentage create a robust system for recognizing and confirming the legal parents of a child. Whether based on marital presumption, scientific testing, or voluntary action, the legal structure promotes clarity and fairness. This ensures children have secure relationships with their legal parents and access to the rights and benefits that come with that recognition.