7600–7620: Uniform Parentage Act – Chapters 1 to 3
The first three chapters of California’s Uniform Parentage Act lay the legal groundwork for defining who qualifies as a parent, how a parent and child relationship is established, and which courts have authority over these cases. These foundational rules are crucial for resolving parentage issues in both traditional and nontraditional family structures. The law recognizes diverse family arrangements, including multiple parents, assisted reproduction, and parentage based on actions and intent rather than biology alone.
7600–7730: Uniform Parentage Act
California’s Uniform Parentage Act provides a comprehensive legal framework for establishing the relationship between parents and children. It applies equally to all families, regardless of marital status, biological connection, or the method of conception. The Act ensures that every child has access to legal recognition of their parents, along with the associated rights and responsibilities. This includes traditional parentage, assisted reproduction, and legal presumptions based on conduct and commitment, not just genetics.
7600–7606: General Provisions
This chapter defines the scope of the Uniform Parentage Act and introduces foundational terms. A “natural parent” can be a nonadoptive parent regardless of biology. The “parent and child relationship” includes both mothers and fathers and confers legal rights and obligations. California allows for more than two legal parents when limiting that number would harm the child, and all references in law to “two parents” are interpreted inclusively when more than two parents are legally recognized.
The law applies equally to every child regardless of the marital status of the parents. Courts may issue custody or visitation orders early in proceedings when parentage is presumed. Additionally, bills related to childbirth and testing are admissible as evidence without extensive court procedures. Legal representation must be accessible to ensure fair proceedings, and courts are required to consider financial disparities when awarding attorney’s fees.
Assisted reproduction is legally defined to account for nontraditional family structures. Agreements and definitions involving intended parents, donors, and surrogates fall under this chapter’s provisions.
7610–7614: Establishing Parent and Child Relationship
Parentage can be established by giving birth, adoption, or compliance with legal presumptions. These include marriage to the child’s birth parent, cohabitation, naming on the birth certificate, written promises of support, and openly treating the child as one’s own. Presumptions may conflict, and when they do, courts resolve them based on policy and logic in the child’s best interest.
Notably, more than two people may be legally recognized as parents if denying someone legal status would be detrimental to the child’s emotional or physical well-being. Evidence of intent or agreements between parties can influence determinations, especially in the context of assisted reproduction.
The law also covers support promises. A written promise to support a child is enforceable even without traditional legal consideration, and courts may order confidentiality or designate agents to manage these payments.
7620: Jurisdiction and Venue
This chapter sets the rules for where and how parentage cases may be filed. California courts have jurisdiction if any party involved in assisted reproduction resides in the state, if the reproductive procedures occurred in California, or if the child was born here. Parentage actions can be filed in the county where the child lives, was born, or where a related probate or adoption proceeding is taking place. These provisions ensure accessibility and legal oversight regardless of how or where the child was conceived.
Key Takeaways
- A natural parent under this law does not have to be biologically related to the child
- A child can have more than two legal parents if it serves the child’s best interest
- Parentage is treated equally for all children, regardless of whether their parents are married
- Legal presumptions of parentage are based on actions, support, and family relationships
- Courts resolve conflicting presumptions by considering what best serves the child
- Assisted reproduction agreements must be in writing, but courts may recognize oral agreements with clear evidence
- Written promises of support are enforceable even without traditional contract elements
- California courts have jurisdiction when there is a significant connection to the state, and multiple venue options are available
Conclusion
Chapters 1 through 3 of the Uniform Parentage Act build the legal scaffolding for understanding and resolving questions of parentage in California. They provide inclusive definitions, establish multiple avenues for legal recognition of parent-child relationships, and ensure jurisdiction is grounded in logical, child-centered criteria. These early provisions reflect a strong commitment to fairness, child welfare, and adapting legal definitions to the realities of modern family life.