SECTIONS 7610-7614 - California Statutes

FAMILY.CODE

SECTION 7610-7614

7610. The parent and child relationship may be established as
follows:
(a) Between a child and the natural mother, it may be established
by proof of her having given birth to the child, or under this part.
(b) Between a child and the natural father, it may be established
under this part.
(c) Between a child and an adoptive parent, it may be established
by proof of adoption.

7611. A man is presumed to be the natural father of a child if he
meets the conditions provided in Chapter 1 (commencing with Section
7540) or Chapter 3 (commencing with Section 7570) of Part 2 or in any
of the following subdivisions:
(a) He and the child's natural mother are or have been married to
each other and the child is born during the marriage, or within 300
days after the marriage is terminated by death, annulment,
declaration of invalidity, or divorce, or after a judgment of
separation is entered by a court.
(b) Before the child's birth, he and the child's natural mother
have attempted to marry each other by a marriage solemnized in
apparent compliance with law, although the attempted marriage is or
could be declared invalid, and either of the following is true:
(1) If the attempted marriage could be declared invalid only by a
court, the child is born during the attempted marriage, or within 300
days after its termination by death, annulment, declaration of
invalidity, or divorce.
(2) If the attempted marriage is invalid without a court order,
the child is born within 300 days after the termination of
cohabitation.
(c) After the child's birth, he and the child's natural mother
have married, or attempted to marry, each other by a marriage
solemnized in apparent compliance with law, although the attempted
marriage is or could be declared invalid, and either of the following
is true:
(1) With his consent, he is named as the child's father on the
child's birth certificate.
(2) He is obligated to support the child under a written voluntary
promise or by court order.
(d) He receives the child into his home and openly holds out the
child as his natural child.
(e) If the child was born and resides in a nation with which the
United States engages in an Orderly Departure Program or successor
program, he acknowledges that he is the child's father in a
declaration under penalty of perjury, as specified in Section 2015.5
of the Code of Civil Procedure. This subdivision shall remain in
effect only until January 1, 1997, and on that date shall become
inoperative.
(f) The child is in utero after the death of the decedent and the
conditions set forth in Section 249.5 of the Probate Code are
satisfied.

7611.5. Where Section 7611 does not apply, a man shall not be
presumed to be the natural father of a child if either of the
following is true:
(a) The child was conceived as a result of an act in violation of
Section 261 of the Penal Code and the father was convicted of that
violation.
(b) The child was conceived as a result of an act in violation of
Section 261.5 of the Penal Code, the father was convicted of that
violation, and the mother was under the age of 15 years and the
father was 21 years of age or older at the time of conception.

7612. (a) Except as provided in Chapter 1 (commencing with Section
7540) and Chapter 3 (commencing with Section 7570) of Part 2 or in
Section 20102, a presumption under Section 7611 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 7610 or 7611
that conflict with each other, or if a presumption under Section 7611
conflicts with a claim pursuant to Section 7610, the presumption
which on the facts is founded on the weightier considerations of
policy and logic controls.
(c) The presumption under Section 7611 is rebutted by a judgment
establishing paternity of the child by another man.

7613. (a) If, under the supervision of a licensed physician and
surgeon and with the consent of her husband, a wife is inseminated
artificially with semen donated by a man not her husband, the husband
is treated in law as if he were the natural father of a child
thereby conceived. The husband's consent must be in writing and
signed by him and his wife. The physician and surgeon shall certify
their signatures and the date of the insemination, and retain the
husband's consent as part of the medical record, where it shall be
kept confidential and in a sealed file. However, the physician and
surgeon's failure to do so does not affect the father and child
relationship. All papers and records pertaining to the insemination,
whether part of the permanent record of a court or of a file held by
the supervising physician and surgeon or elsewhere, are subject to
inspection only upon an order of the court for good cause shown.
(b) The donor of semen provided to a licensed physician and
surgeon or to a licensed sperm bank for use in artificial
insemination or in vitro fertilization of a woman other than the
donor's wife is treated in law as if he were not the natural father
of a child thereby conceived.

7614. (a) A promise in writing to furnish support for a child,
growing out of a presumed or alleged father and child relationship,
does not require consideration and, subject to Section 7632, is
enforceable according to its terms.
(b) In the best interest of the child or the mother, the court
may, and upon the promisor's request shall, order the promise to be
kept in confidence and designate a person or agency to receive and
disburse on behalf of the child all amounts paid in performance of
the promise.