citation: FAM § 6752

text:
(a) A parent or guardian entitled to the physical custody, care, and control of a minor who enters into a contract of a type described in Section 6750 shall provide a certified copy of the minor’s birth certificate indicating the minor’s minority to the other party or parties to the contract and in addition, in the case of a guardian, a certified copy of the court document appointing the person as the minor’s legal guardian.

(b) (1) Notwithstanding any other statute, in an order approving a minor’s contract of a type described in Section 6750, the court shall require that 15 percent of the minor’s gross earnings pursuant to the contract be set aside by the minor’s employer, except an employer of a minor for services as an extra, background performer, or in a similar capacity, as described in paragraph (3) of subdivision (b) of Section 6750. These amounts shall be held in trust, in an account or other savings plan, and preserved for the benefit of the minor in accordance with Section 6753.

(2) The court shall require that at least one parent or legal guardian, as the case may be, entitled to the physical custody, care, and control of the minor at the time the order is issued be appointed as trustee of the funds ordered to be set aside in trust for the benefit of the minor, unless the court shall determine that appointment of a different individual, individuals, entity, or entities as trustee or trustees is required in the best interest of the minor.

(3) Within 10 business days after commencement of employment, the trustee or trustees of the funds ordered to be set aside in trust shall provide the minor’s employer with a true and accurate photocopy of the trustee’s statement pursuant to Section 6753. Upon presentation of the trustee’s statement offered pursuant to this subdivision, the employer shall provide the parent or guardian with a written acknowledgment of receipt of the statement.

(4) The minor’s employer shall deposit or disburse the 15 percent of the minor’s gross earnings pursuant to the contract within 15 business days after receiving a true and accurate copy of the trustee’s statement pursuant to subdivision (c) of Section 6753, a certified copy of the minor’s birth certificate, and, in the case of a guardian, a certified copy of the court document appointing the person as the minor’s guardian. Notwithstanding any other law, pending receipt of these documents, the minor’s employer shall hold, for the benefit of the minor, the 15 percent of the minor’s gross earnings pursuant to the contract. This paragraph does not apply to an employer of a minor for services as an extra, background performer, or in a similar capacity, as described in paragraph (3) of subdivision (b) of Section 6750.

(5) When making the initial deposit of funds, the minor’s employer shall provide written notification to the financial institution or company that the funds are subject to Section 6753. Upon receipt of the court order, the minor’s employer shall provide the financial institution with a copy of the order.

(6) Once the minor’s employer deposits the set-aside funds pursuant to Section 6753, in trust, in an account or other savings plan, the minor’s employer shall have no further obligation or duty to monitor or account for the funds. The trustee or trustees of the trust shall be the only individual, individuals, entity, or entities with the obligation or duty to monitor and account for those funds once they have been deposited by the minor’s employer. The trustee or trustees shall do an annual accounting of the funds held in trust, in an account or other savings plan, in accordance with Sections 16062 and 16063 of the Probate Code.

(7) The court shall have continuing jurisdiction over the trust established pursuant to the order and may at any time, upon petition of the parent or legal guardian, the minor, through the minor’s guardian ad litem, or the trustee or trustees, on good cause shown, order that the trust be amended or terminated, notwithstanding the provisions of the declaration of trust. An order amending or terminating a trust may be made only after reasonable notice to the beneficiary and, if the beneficiary is then a minor, to the parent or guardian, if any, and to the trustee or trustees of the funds with opportunity for all parties to appear and be heard.

(8) A parent or guardian entitled to the physical custody, care, and control of the minor shall promptly notify the minor’s employer, in writing, of any change in facts that affect the employer’s obligation or ability to set aside the funds in accordance with the order, including, but not limited to, a change of financial institution or account number, or the existence of a new or amended order issued pursuant to paragraph (7) amending or terminating the employer’s obligations under this section. The written notification shall be accompanied by a true and accurate photocopy of the trustee’s statement pursuant to Section 6753 and, if applicable, a true and accurate photocopy of the new or amended order.

(9) (A) If a parent, guardian, or trustee fails to provide the minor’s employer with a true and accurate photocopy of the trustee’s statement pursuant to Section 6753 within 180 days after the commencement of employment, the employer shall forward to The Actors’ Fund of America 15 percent of the minor’s gross earnings pursuant to the contract, together with the minor’s name and, if known, the minor’s social security number, birth date, last known address, telephone number, email address, dates of employment, and title of the project on which the minor was employed, and shall notify the parent, guardian, or trustee of that transfer by certified mail to the last known address. Upon receipt of those forwarded funds, The Actors’ Fund of America shall become the trustee of those funds and the minor’s employer shall have no further obligation or duty to monitor or account for the funds.

(B) The Actors’ Fund of America shall make its best efforts to notify the parent, guardian, or trustee of their responsibilities to provide a true and accurate photocopy of the trustee’s statement pursuant to Section 6753, and in the case of a guardian, a certified copy of the court document appointing the person as the minor’s legal guardian. Within 15 business days after receiving those documents, The Actors’ Fund of America shall deposit or disburse the funds as directed by the trustee’s statement. When making that deposit or disbursal of the funds, The Actors’ Fund of America shall provide to the financial institution notice that the funds are subject to Section 6753 and a copy of each applicable order, and shall thereafter have no further obligation or duty to monitor or account for the funds.

(C) The Actors’ Fund of America shall notify each beneficiary of their entitlement to the funds that it holds for the beneficiary within 60 days after the date on which its records indicated that the beneficiary has attained 18 years of age or the date on which it received notice that the minor has been emancipated, by sending that notice to the last known address for the beneficiary or, if it has no specific separate address for the beneficiary, to the beneficiary’s parent or guardian.

(c) (1) Notwithstanding any other statute, for any minor’s contract of a type described in Section 6750 that is not being submitted for approval by the court pursuant to Section 6751, or for which the court has issued a final order denying approval, 15 percent of the minor’s gross earnings pursuant to the contract shall be set aside by the minor’s employer, except an employer of a minor for services as an extra, background performer, or in a similar capacity, as described in paragraph (3) of subdivision (b) of Section 6750. These amounts shall be held in trust, in an account or other savings plan, and preserved for the benefit of the minor in accordance with Section 6753. At least one parent or legal guardian, as the case may be, entitled to the physical custody, care, and control of the minor, shall be the trustee of the funds set aside for the benefit of the minor, unless the court, upon petition by the parent or legal guardian, the minor, through the minor’s guardian ad litem, or the trustee or trustees of the trust, shall determine that appointment of a different individual, individuals, entity, or entities as trustee or trustees is required in the best interest of the minor.

(2) Within 10 business days of commencement after employment, a parent or guardian, as the case may be, entitled to the physical custody, care, and control of the minor shall provide the minor’s employer with a true and accurate photocopy of the trustee’s statement pursuant to Section 6753 and in addition, in the case of a guardian, a certified copy of the court document appointing the person as the minor’s legal guardian. Upon presentation of the trustee’s statement offered pursuant to this subdivision, the employer shall provide the parent or guardian with a written acknowledgment of receipt of the statement.

(3) The minor’s employer shall deposit 15 percent of the minor’s gross earnings pursuant to the contract within 15 business days of receiving the trustee’s statement pursuant to Section 6753, or if the court denies approval of the contract, within 15 business days of receiving a final order denying approval of the contract. Notwithstanding any other statute, pending receipt of the trustee’s statement or the final court order, the minor’s employer shall hold for the benefit of the minor the 15 percent of the minor’s gross earnings pursuant to the contract. When making the initial deposit of funds, the minor’s employer shall provide written notification to the financial institution or company that the funds are subject to Section 6753. This paragraph does not apply to an employer of a minor for services as an extra, background performer, or in a similar capacity, as described in paragraph (3) of subdivision (b) of Section 6750.

(4) Once the minor’s employer deposits the set-aside funds in trust, in an account or other savings plan pursuant to Section 6753, the minor’s employer shall have no further obligation or duty to monitor or account for the funds. The trustee or trustees of the trust shall be the only individual, individuals, entity, or entities with the obligation or duty to monitor and account for those funds once they have been deposited by the minor’s employer. The trustee or trustees shall do an annual accounting of the funds held in trust, in an account or other savings plan, in accordance with Sections 16062 and 16063 of the Probate Code.

(5) Upon petition of the parent or legal guardian, the minor, through the minor’s guardian ad litem, or the trustee or trustees of the trust, to the superior court in a county in which the minor resides or in which the trust is established, the court may at any time, on good cause shown, order that the trust be amended or terminated, notwithstanding the provisions of the declaration of trust. An order amending or terminating a trust may be made only after reasonable notice to the beneficiary and, if the beneficiary is then a minor, to the parent or guardian, if any, and to the trustee or trustees of the funds with opportunity for all parties to appear and be heard.

(6) A parent or guardian entitled to the physical custody, care, and control of the minor shall promptly notify the minor’s employer in writing of any change in facts that affect the employer’s obligation or ability to set aside funds for the benefit of the minor in accordance with this section, including, but not limited to, a change of financial institution or account number, or the existence of a new or amended order issued pursuant to paragraph (5) amending or terminating the employer’s obligations under this section. The written notification shall be accompanied by a true and accurate photocopy of the trustee’s statement and attachments pursuant to Section 6753 and, if applicable, a true and accurate photocopy of the new or amended order.

(7) (A) If a parent, guardian, or trustee fails to provide the minor’s employer with a true and accurate photocopy of the trustee’s statement pursuant to Section 6753, within 180 days after commencement of employment, the employer shall forward to The Actors’ Fund of America the 15 percent of the minor’s gross earnings pursuant to the contract, together with the minor’s name and, if known, the minor’s social security number, birth date, last known address, telephone number, email address, dates of employment, and the title of the project on which the minor was employed, and shall notify the parent, guardian, or trustee of that transfer by certified mail to the last known address. Upon receipt of those forwarded funds, The Actors’ Fund of America shall become the trustee of those funds and the minor’s employer shall have no further obligation or duty to monitor or account for the funds.

(B) The Actors’ Fund of America shall make best efforts to notify the parent, guardian, or trustee of their responsibilities to provide a true and accurate photocopy of the trustee’s statement pursuant to Section 6753 and in the case of a guardian, a certified copy of the court document appointing the person as the minor’s legal guardian. After receiving those documents, The Actors’ Fund of America shall deposit or disburse the funds as directed by the trustee’s statement, and in accordance with Section 6753, within 15 business days. When making that deposit or disbursal of the funds, The Actors’ Fund of America shall provide notice to the financial institution that the funds are subject to Section 6753, and shall thereafter have no further obligation or duty to monitor or account for the funds.

(C) The Actors’ Fund of America shall notify each beneficiary of their entitlement to the funds that it holds for the beneficiary, within 60 days after the date on which its records indicate that the beneficiary has attained 18 years of age or the date on which it received notice that the minor has been emancipated, by sending that notice to the last known address that it has for the beneficiary, or to the beneficiary’s parent or guardian, where it has no specific separate address for the beneficiary.

(d) Where a parent or guardian is entitled to the physical custody, care, and control of a minor who enters into a contract of a type described in Section 6750, the relationship between the parent or guardian and the minor is a fiduciary relationship that is governed by the law of trusts, whether or not a court has issued a formal order to that effect. The parent or guardian acting in a fiduciary relationship, shall, with the earnings and accumulations of the minor under the contract, pay all liabilities incurred by the minor under the contract, including, but not limited to, payments for taxes on all earnings, including taxes on the amounts set aside under subdivisions (b) and (c) of this section, and payments for personal or professional services rendered to the minor or the business related to the contract. This subdivision does not alter any other existing responsibilities of a parent or legal guardian to provide for the support of a minor child.

(e) (1) Except as otherwise provided in this subdivision, The Actors’ Fund of America, as trustee of unclaimed set-aside funds, shall manage and administer those funds in the same manner as a trustee under the Probate Code. Notwithstanding the foregoing, The Actors’ Fund of America is not required to open separate, segregated individual trust accounts for each beneficiary but may hold the set-aside funds in a single, segregated master account for all beneficiaries, provided it maintains accounting records for each beneficiary’s interest in the master account.

(2) The Actors’ Fund of America shall have the right to transfer funds from the master account, or from a beneficiary’s segregated account to its general account in an amount equal to the beneficiary’s balance. The Actors’ Fund of America shall have the right to use those funds transferred to its general account to provide programs and services for young performers. This use of the funds does not limit or alter The Actors’ Fund of America’s obligation to disburse the set-aside funds to the beneficiary, or the beneficiary’s parent, guardian, trustee, or estate pursuant to this chapter.

(3) (A) Upon receiving a certified copy of the beneficiary’s birth certificate, or United States passport, and a true and accurate photocopy of the trustee’s statement pursuant to Section 6753, The Actors’ Fund of America shall transfer the beneficiary’s balance to the trust account established for the beneficiary.

(B) The Actors’ Fund of America shall disburse the set-aside funds to a beneficiary who has attained 18 years of age, after receiving proof of the beneficiary’s identity and a certified copy of the beneficiary’s birth certificate or United States passport, or to a beneficiary who has been emancipated, after receiving proof of the beneficiary’s identity and appropriate documentation evidencing the beneficiary’s emancipation.

(C) The Actors’ Fund of America shall disburse the set-aside funds to the estate of a deceased beneficiary after receiving appropriate documentation evidencing the death of the beneficiary and the claimant’s authority to collect those funds on behalf of the beneficiary.

(f) (1) The beneficiary of an account held by The Actors’ Fund of America pursuant to this section shall be entitled to receive imputed interest on the balance in the account for the entire period during which the account is held at a rate equal to the lesser of the federal reserve rate in effect on the last business day of the prior calendar quarter or the national average money market rate as published in the New York Times on the last Sunday of the prior calendar quarter, adjusted quarterly.

(2) The Actors’ Fund of America may assess and deduct from the balance in the beneficiary’s account reasonable management, administrative, and investment expenses, including beneficiary-specific fees for initial setup, account notifications and account disbursements, and a reasonably allocable share of management, administrative, and investment expenses of the master account. Fees may not be charged to a beneficiary’s account during the first year that the account is held by The Actors’ Fund of America.

(3) Notwithstanding paragraph (2), the amount paid on any claim made by a beneficiary or the beneficiary’s parent or guardian after The Actors’ Fund of America receives and holds funds pursuant to this section may not be less than the amount of the funds received plus the imputed interest.

(g) Notwithstanding any provision of this chapter to the contrary, a minor’s employer holding set-aside funds under this chapter, which funds remain unclaimed 180 days after the effective date hereof, shall forward those unclaimed funds to The Actors’ Fund of America, along with the minor’s name and, if known, the minor’s social security number, birth date, last known address, telephone number, email address, dates of employment, and the title of the project on which the minor was employed, and shall notify the parent, guardian, or trustee of that transfer by certified mail to the last known address. Upon receipt of those forwarded funds by The Actors’ Fund of America, the minor’s employer shall have no further obligation or duty to monitor or account for the funds.

(h) All funds received by The Actors’ Fund of America pursuant to this section shall be exempt from the application of the Unclaimed Property Law (Title 10 (commencing with Section 1300) of Part 3 of the Code of Civil Procedure), including, but not limited to, Section 1510 of the Code of Civil Procedure.

history: (History: Amended by Stats. 2019, Ch. 115, Sec. 75. (AB 1817) Effective January 1, 2020.)


kind: section

code: FAM

citation: FAM § 6753

text:
(a) The trustee or trustees shall establish a trust account, that shall be known as a Coogan Trust Account, pursuant to this section at a bank, savings and loan institution, credit union, brokerage firm, or company registered under the Investment Company Act of 1940, that is located in the State of California, unless a similar trust has been previously established, for the purpose of preserving for the benefit of the minor the portion of the minor’s gross earnings pursuant to paragraph (1) of subdivision (b) of Section 6752 or pursuant to paragraph (1) of subdivision (c) of Section 6752. The trustee or trustees shall establish the trust pursuant to this section within seven business days after the minor’s contract is signed by the minor, the third-party individual or personal services corporation (loan-out company), and the employer.

(b) Except as otherwise provided in this section, prior to the date on which the beneficiary of the trust attains the age of 18 years or the issuance of a declaration of emancipation of the minor under Section 7122, no withdrawal by the beneficiary or any other individual, individuals, entity, or entities may be made of funds on deposit in trust without written order of the superior court pursuant to paragraph (7) of subdivision (b) or paragraph (5) of subdivision (c) of Section 6752. Upon reaching the age of 18 years, the beneficiary may withdraw the funds on deposit in trust only after providing a certified copy of the beneficiary’s birth certificate to the financial institution where the trust is located.

(c) The trustee or trustees shall, within 10 business days after the minor’s contract is signed by the minor, the third-party individual or personal services corporation (loan-out company), and the employer, prepare a written statement under penalty of perjury that shall include the name, address, and telephone number of the financial institution, the name of the account, the number of the account, the name of the minor beneficiary, the name of the trustee or trustees of the account, and any additional information needed by the minor’s employer to deposit into the account the portion of the minor’s gross earnings prescribed by paragraph (1) of subdivision (b) or paragraph (1) of subdivision (c) of Section 6752. The trustee or trustees shall attach to the written statement a true and accurate photocopy of any information received from the financial institution confirming the creation of the account, such as an account agreement, account terms, passbook, or other similar writings.

(d) The trust shall be established in California either with a financial institution that is and remains insured at all times by the Federal Deposit Insurance Corporation (FDIC), the Securities Investor Protection Corporation (SIPC), or the National Credit Union Share Insurance Fund (NCUSIF) or their respective successors, or with a company that is and remains registered under the Investment Company Act of 1940. The trustee or trustees of the trust shall be the only individual, individuals, entity, or entities with the obligation or duty to ensure that the funds remain in trust, in an account or other savings plan insured in accordance with this section, or with a company that is and remains registered under the Investment Company Act of 1940 as authorized by this section.

(e) Upon application by the trustee or trustees to the financial institution or company in which the trust is held, the trust funds shall be handled by the financial institution or company in one or more of the following methods:

(1) The financial institution or company may transfer funds to another account or other savings plan at the same financial institution or company, provided that the funds transferred shall continue to be held in trust, and subject to this chapter.

(2) The financial institution or company may transfer funds to another financial institution or company, provided that the funds transferred shall continue to be held in trust, and subject to this chapter and that the transferring financial institution or company has provided written notification to the financial institution or company to which the funds will be transferred that the funds are subject to this section and written notice of the requirements of this chapter.

(3) The financial institution or company may use all or a part of the funds to purchase, in the name of and for the benefit of the minor, (A) investment funds offered by a company registered under the Investment Company Act of 1940, provided that if the underlying investments are equity securities, the investment fund is a broad-based index fund or invests broadly across the domestic or a foreign regional economy, is not a sector fund, and has assets under management of at least two hundred fifty million dollars ($250,000,000); or (B) government securities and bonds, certificates of deposit, money market instruments, money market accounts, or mutual funds investing solely in those government securities and bonds, certificates, instruments, and accounts, that are available at the financial institution where the trust fund or other savings plan is held, provided that the funds shall continue to be held in trust and subject to this chapter, those purchases shall have a maturity date on or before the date upon which the minor will attain the age of 18 years, and any proceeds accruing from those purchases shall be redeposited into that account or accounts or used to further purchase any of those or similar securities, bonds, certificates, instruments, funds, or accounts.

history: (History: Amended by Stats. 2003, Ch. 667, Sec. 3. Effective January 1, 2004.)

division: 11. MINORS

part: 3. CONTRACTS

path: 11. MINORS > 3. CONTRACTS > 3. Contracts in Art, Entertainment, and Professional Sports


citation: FAM § 6900

text: Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this part.

history: (History: Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

part: 4. MEDICAL TREATMENT

chapter: 1. Definitions

path: 11. MINORS > 4. MEDICAL TREATMENT > 1. Definitions


citation: FAM § 6901

text: “Dental care” means X-ray examination, anesthetic, dental or surgical diagnosis or treatment, and hospital care by a dentist licensed under the Dental Practice Act.


citation: FAM § 6902

text: “Medical care” means X-ray examination, anesthetic, medical or surgical diagnosis or treatment, and hospital care under the general or special supervision and upon the advice of or to be rendered by a physician and surgeon licensed under the Medical Practice Act.


citation: FAM § 6903

text: “Parent or guardian” means either parent if both parents have legal custody, or the parent or person having legal custody, or the guardian, of a minor.


citation: FAM § 6904

text: “Vision care” means the diagnosis, prevention, treatment, and management of disorders, diseases, and dysfunctions of the visual system and the provision of habilitative or rehabilitative optometric services by an optometrist licensed pursuant to Article 1 (commencing with Section 3000) of Chapter 7 of Division 2 of the Business and Professions Code.

history: (History: Added by Stats. 2023, Ch. 152, Sec. 1. (SB 457) Effective January 1, 2024.)


citation: FAM § 6910

text: The parent, guardian, or caregiver of a minor who is a relative of the minor and who may authorize medical care and dental care under Section 6550, may authorize in writing an adult into whose care a minor has been entrusted to consent to medical care or dental care, or both, for the minor.

history: (History: Amended by Stats. 1996, Ch. 563, Sec. 2. Effective January 1, 1997.)

path: 11. MINORS > 4. MEDICAL TREATMENT > 2. Consent by Person Having Care of Minor or by Court


citation: FAM § 6911

text:
(a) Upon application by a minor, the court may summarily grant consent for medical care or dental care or both for the minor if the court determines all of the following:

(1) The minor is 16 years of age or older and resides in this state.

(2) The consent of a parent or guardian is necessary to permit the medical care or dental care or both, and the minor has no parent or guardian available to give the consent.

(b) No fee may be charged for proceedings under this section.

chapter: 2. Consent by Person Having Care of Minor or by Court


citation: FAM § 6920

text: Subject to the limitations provided in this chapter, notwithstanding any other provision of law, a minor may consent to the matters provided in this chapter, and the consent of the minor’s parent or guardian is not necessary.

chapter: 3. Consent by Minor

path: 11. MINORS > 4. MEDICAL TREATMENT > 3. Consent by Minor


citation: FAM § 6921

text: A consent given by a minor under this chapter is not subject to disaffirmance because of minority.


citation: FAM § 6922

text:
(a) A minor may consent to the minor’s medical care, vision care, or dental care if all of the following conditions are satisfied:

(1) The minor is 15 years of age or older.

(2) The minor is living separate and apart from the minor’s parents or guardian, whether with or without the parent’s or guardian’s consent and regardless of the duration of the separate residence.

(3) The minor is managing the minor’s own financial affairs, regardless of the source of the minor’s income.

(b) The parents or guardian are not liable for medical care, vision care, or dental care provided pursuant to this section.

(c) A physician and surgeon, optometrist, or dentist may, with or without the consent of the minor patient, advise the minor’s parent or guardian of the treatment given or needed if the physician and surgeon, optometrist, or dentist has reason to know, on the basis of the information given by the minor, the whereabouts of the parent or guardian.

history: (History: Amended by Stats. 2023, Ch. 152, Sec. 2. (SB 457) Effective January 1, 2024.)


citation: FAM § 6924

text:
(a) As used in this section:

(1) “Mental health treatment or counseling services” means the provision of mental health treatment or counseling on an outpatient basis by any of the following:

(A) A governmental agency.

(B) A person or agency having a contract with a governmental agency to provide the services.

(C) An agency that receives funding from community united funds.

(D) A runaway house or crisis resolution center.

(E) A professional person, as defined in paragraph (2).

(2) “Professional person” means either of the following:

(A) A professional person as defined in Section 124260 of the Health and Safety Code.

(B) The chief administrator of an agency referred to in paragraph (1) or (3).

(3) “Residential shelter services” means any of the following:

(A) The provision of residential and other support services to minors on a temporary or emergency basis in a facility that services only minors by a governmental agency, a person or agency having a contract with a governmental agency to provide these services, an agency that receives funding from community funds, or a licensed community care facility or crisis resolution center.

(B) The provision of other support services on a temporary or emergency basis by any professional person as defined in paragraph (2).

(b) A minor who is 12 years of age or older may consent to mental health treatment or counseling on an outpatient basis, or to residential shelter services, if the minor, in the opinion of the attending professional person, is mature enough to participate intelligently in the outpatient services or residential shelter services.

(c) A professional person offering residential shelter services, whether as an individual or as a representative of an entity specified in paragraph (3) of subdivision (a), shall make their best efforts to notify the parent or guardian of the provision of services.

(d) The mental health treatment or counseling of a minor authorized by this section shall include involvement of the minor’s parent or guardian unless the professional person who is treating or counseling the minor, after consulting with the minor, determines that the involvement would be inappropriate. The professional person who is treating or counseling the minor shall state in the client record whether and when the person attempted to contact the minor’s parent or guardian, and whether the attempt to contact was successful or unsuccessful, or the reason why, in the professional person’s opinion, it would be inappropriate to contact the minor’s parent or guardian.

(e) The minor’s parents or guardian are not liable for payment for mental health treatment or counseling services provided pursuant to this section unless the parent or guardian participates in the mental health treatment or counseling, and then only for services rendered with the participation of the parent or guardian. The minor’s parents or guardian are not liable for payment for any residential shelter services provided pursuant to this section unless the parent or guardian consented to the provision of those services.

(f) This section does not authorize a minor to receive convulsive therapy or psychosurgery as defined in subdivisions (f) and (g) of Section 5325 of the Welfare and Institutions Code, or psychotropic drugs without the consent of the minor’s parent or guardian.

(g) This section shall become operative on July 1, 2024.

history: (History: Repealed (in Sec. 2) and added by Stats. 2023, Ch. 338, Sec. 3. (AB 665) Effective January 1, 2024. Operative July 1, 2024, by its own provisions.)


citation: FAM § 6925

text:
(a) A minor may consent to medical care related to the prevention or treatment of pregnancy.

(b) This section does not authorize a minor to be sterilized without the consent of the minor’s parent or guardian.

history: (History: Amended by Stats. 2025, Ch. 136, Sec. 12. (AB 260) Effective September 26, 2025.)


citation: FAM § 6926

text:
(a) A minor who is 12 years of age or older and who may have come into contact with an infectious, contagious, or communicable disease may consent to medical care related to the diagnosis or treatment of the disease, if the disease or condition is one that is required by law or regulation adopted pursuant to law to be reported to the local health officer, or is a related sexually transmitted disease, as may be determined by the State Public Health Officer.

(b) A minor who is 12 years of age or older may consent to medical care related to the prevention of a sexually transmitted disease.

(c) The minor’s parents or guardian are not liable for payment for medical care provided pursuant to this section.

history: (History: Amended by Stats. 2011, Ch. 652, Sec. 1. (AB 499) Effective January 1, 2012.)


citation: FAM § 6927

text: A minor who is 12 years of age or older and who is alleged to have been raped may consent to medical care related to the diagnosis or treatment of the condition and the collection of medical evidence with regard to the alleged rape.


citation: FAM § 6928

text:
(a) “Sexually assaulted” as used in this section includes, but is not limited to, conduct coming within Section 261, 286, or 287 of the Penal Code.

(b) A minor who is alleged to have been sexually assaulted may consent to medical care related to the diagnosis and treatment of the condition, and the collection of medical evidence with regard to the alleged sexual assault.

(c) The professional person providing medical treatment shall attempt to contact the minor’s parent or guardian and shall note in the minor’s treatment record the date and time the professional person attempted to contact the parent or guardian and whether the attempt was successful or unsuccessful. This subdivision does not apply if the professional person reasonably believes that the minor’s parent or guardian committed the sexual assault on the minor.

history: (History: Amended by Stats. 2018, Ch. 423, Sec. 25. (SB 1494) Effective January 1, 2019.)


citation: FAM § 6929

text:
(a) As used in this section:

(1) “Counseling” means the provision of counseling services by a provider under a contract with the state or a county to provide alcohol or drug abuse counseling services pursuant to Part 2 (commencing with Section 5600) of Division 5 of the Welfare and Institutions Code or pursuant to Division 10.5 (commencing with Section 11750) of the Health and Safety Code.

(2) “Drug or alcohol” includes, but is not limited to, any substance listed in any of the following:

(A) Section 380 or 381 of the Penal Code.

(B) Division 10 (commencing with Section 11000) of the Health and Safety Code.

(C) Subdivision (f) of Section 647 of the Penal Code.

(3) “LAAM” means levoalphacetylmethadol as specified in paragraph (10) of subdivision (c) of Section 11055 of the Health and Safety Code.

(4) “Professional person” means a physician and surgeon, registered nurse, psychologist, clinical social worker, professional clinical counselor, marriage and family therapist, registered marriage and family therapist intern when appropriately employed and supervised pursuant to Section 4980.43 of the Business and Professions Code, psychological assistant when appropriately employed and supervised pursuant to Section 2913 of the Business and Professions Code, associate clinical social worker when appropriately employed and supervised pursuant to Section 4996.18 of the Business and Professions Code, or registered clinical counselor intern when appropriately employed and supervised pursuant to Section 4999.42 of the Business and Professions Code.

(b) A minor who is 12 years of age or older may consent to medical care and counseling relating to the diagnosis and treatment of a drug- or alcohol-related problem.

(c) The treatment plan of a minor authorized by this section shall include the involvement of the minor’s parent or guardian, if appropriate, as determined by the professional person or treatment facility treating the minor. The professional person providing medical care or counseling to a minor shall state in the minor’s treatment record whether and when the professional person attempted to contact the minor’s parent or guardian, and whether the attempt to contact the parent or guardian was successful or unsuccessful, or the reason why, in the opinion of the professional person, it would not be appropriate to contact the minor’s parent or guardian.

(d) The minor’s parent or guardian is not liable for payment for care provided to a minor pursuant to this section, except that if the minor’s parent or guardian participates in a counseling program pursuant to this section, the parent or guardian is liable for the cost of the services provided to the minor and the parent or guardian.

(e) (1) This section does not authorize a minor to receive replacement narcotic therapy, in a program licensed pursuant to Article 1 (commencing with Section 11839) of Chapter 10 of Part 2 of Division 10.5 of the Health and Safety Code, without the consent of the minor’s parent or guardian.

(2) Notwithstanding paragraph (1), a minor 16 years of age or older may consent to receive medications for opioid use disorder from a licensed narcotic treatment program as replacement narcotic therapy without the consent of the minor’s parent or guardian only if, and to the extent, expressly permitted by federal law.

(f) It is the intent of the Legislature that the state shall respect the right of a parent or legal guardian to seek medical care and counseling for a drug- or alcohol-related problem of a minor child when the child does not consent to the medical care and counseling, and nothing in this section shall be construed to restrict or eliminate this right.

(g) Notwithstanding any other law, when a parent or legal guardian has sought the medical care and counseling for a drug- or alcohol-related problem of a minor child, the physician and surgeon shall disclose medical information concerning the care to the minor’s parent or legal guardian upon the parent’s or guardian’s request, even if the minor child does not consent to disclosure, without liability for the disclosure.

history: (History: Amended by Stats. 2023, Ch. 456, Sec. 1. (AB 816) Effective January 1, 2024.)


text: Notwithstanding any other law, a minor 16 years of age or older may consent to opioid use disorder treatment that uses buprenorphine at a physician’s office, clinic, or health facility, by a licensed physician and surgeon or other health care provider acting within the scope of their practice, whether or not the minor also has the consent of their parent or guardian.

history: (History: Added by Stats. 2023, Ch. 456, Sec. 2. (AB 816) Effective January 1, 2024.)


citation: FAM § 6930

text:
(a) A minor who is 12 years of age or older and who states that the minor is injured as a result of intimate partner violence may consent to medical care related to the diagnosis or treatment of the injury and the collection of medical evidence with regard to the alleged intimate partner violence.

(b) (1) For purposes of this section, “intimate partner violence” means an intentional or reckless infliction of bodily harm that is perpetrated by a person with whom the minor has or has had a sexual, dating, or spousal relationship.

(2) This section does not apply when a minor is an alleged victim of rape, as defined in Section 261 of the Penal Code, in which case Section 6927 shall apply, and does not apply when a minor is alleged to have been sexually assaulted, as described in Section 6928, in which case that section shall apply.

(c) If the health practitioner providing treatment believes that the injuries described in subdivision (a) require a report pursuant to Section 11160 of the Penal Code, the health practitioner shall do both of the following:

(1) Inform the minor that the report will be made.

(2) Attempt to contact the minor’s parent or guardian and inform them of the report. The health practitioner shall note in the minor’s treatment record the date and time of the attempt to contact the parent or guardian and whether the attempt was successful or unsuccessful. This paragraph does not apply if the health practitioner reasonably believes that the minor’s parent or guardian committed the intimate partner violence on the minor.

history: (History: Amended by Stats. 2021, Ch. 626, Sec. 11. (AB 1171) Effective January 1, 2022.)


citation: FAM § 6950

text:
(a) Upon application by a minor, the court may summarily grant consent for enlistment by the minor in the armed forces of the United States if the court determines all of the following:

(1) The minor is 16 years of age or older and resides in this state.

(2) The consent of a parent or guardian is necessary to permit the enlistment, and the minor has no parent or guardian available to give the consent.

(b) No fee may be charged for proceedings under this section.

part: 5. ENLISTMENT IN ARMED FORCES

path: 11. MINORS > 5. ENLISTMENT IN ARMED FORCES


citation: FAM § 7000

text: This part may be cited as the Emancipation of Minors Law.

part: 6. EMANCIPATION OF MINORS LAW

chapter: 1. General Provisions

path: 11. MINORS > 6. EMANCIPATION OF MINORS LAW > 1. General Provisions


citation: FAM § 7001

text: It is the purpose of this part to provide a clear statement defining emancipation and its consequences and to permit an emancipated minor to obtain a court declaration of the minor’s status. This part is not intended to affect the status of minors who may become emancipated under the decisional case law that was in effect before the enactment of Chapter 1059 of the Statutes of 1978.


citation: FAM § 7002

text:
A person under the age of 18 years is an emancipated minor if any of the following conditions is satisfied:

(a) The person has entered into a valid marriage, or has established a valid domestic partnership, regardless of whether the marriage or the domestic partnership has been dissolved.

(b) The person is on active duty with the Armed Forces of the United States.

(c) The person has received a declaration of emancipation pursuant to Section 7122.

history: (History: Amended by Stats. 2018, Ch. 660, Sec. 9. (SB 273) Effective January 1, 2019.)


citation: FAM § 7050

text:
An emancipated minor shall be considered as being an adult for the following purposes:

(a) The minor’s right to support by the minor’s parents.

(b) The right of the minor’s parents to the minor’s earnings and to control the minor.

(c) The application of Sections 300 and 601 of the Welfare and Institutions Code.

(d) Ending all vicarious or imputed liability of the minor’s parents or guardian for the minor’s torts. Nothing in this section affects any liability of a parent, guardian, spouse, or employer imposed by the Vehicle Code, or any vicarious liability that arises from an agency relationship.

(e) The minor’s capacity to do any of the following:

(1) Consent to medical, dental, or psychiatric care, without parental consent, knowledge, or liability.

(2) Enter into a binding contract or give a delegation of power.

(3) Buy, sell, lease, encumber, exchange, or transfer an interest in real or personal property, including, but not limited to, shares of stock in a domestic or foreign corporation or a membership in a nonprofit corporation.

(4) Sue or be sued in the minor’s own name.

(5) Compromise, settle, arbitrate, or otherwise adjust a claim, action, or proceeding by or against the minor.

(6) Make or revoke a will.

(7) Make a gift, outright or in trust.

(8) Convey or release contingent or expectant interests in property, including marital property rights and any right of survivorship incident to joint tenancy, and consent to a transfer, encumbrance, or gift of marital property.

(9) Exercise or release the minor’s powers as donee of a power of appointment unless the creating instrument otherwise provides.

(10) Create for the minor’s own benefit or for the benefit of others a revocable or irrevocable trust.

(11) Revoke a revocable trust.

(12) Elect to take under or against a will.

(13) Renounce or disclaim any interest acquired by testate or intestate succession or by inter vivos transfer, including exercise of the right to surrender the right to revoke a revocable trust.

(14) Make an election referred to in Section 13502 of, or an election and agreement referred to in Section 13503 of, the Probate Code.

(15) Establish the minor’s own residence.

(16) Apply for a work permit pursuant to Section 49110 of the Education Code without the request of the minor’s parents.

(17) Enroll in a school or college.

chapter: 2. Effect of Emancipation

path: 11. MINORS > 6. EMANCIPATION OF MINORS LAW > 2. Effect of Emancipation


citation: FAM § 7051

text: An insurance contract entered into by an emancipated minor has the same effect as if it were entered into by an adult and, with respect to that contract, the minor has the same rights, duties, and liabilities as an adult.


citation: FAM § 7052

text:
With respect to shares of stock in a domestic or foreign corporation held by an emancipated minor, a membership in a nonprofit corporation held by an emancipated minor, or other property held by an emancipated minor, the minor may do all of the following:

(a) Vote in person, and give proxies to exercise any voting rights, with respect to the shares, membership, or property.

(b) Waive notice of any meeting or give consent to the holding of any meeting.

(c) Authorize, ratify, approve, or confirm any action that could be taken by shareholders, members, or property owners.


citation: FAM § 7110

text: It is the intent of the Legislature that proceedings under this part be as simple and inexpensive as possible. To that end, the Judicial Council is requested to prepare and distribute to the clerks of the superior courts appropriate forms for the proceedings that are suitable for use by minors acting as their own counsel.

chapter: 3. Court Declaration of Emancipation

article: 1. General Provisions

path: 11. MINORS > 6. EMANCIPATION OF MINORS LAW > 3. Court Declaration of Emancipation > 1. General Provisions


citation: FAM § 7111

text: The issuance of a declaration of emancipation does not entitle the minor to any benefits under Division 9 (commencing with Section 10000) of the Welfare and Institutions Code which would not otherwise accrue to an emancipated minor.

article: 1. General Provisions


citation: FAM § 7120

text:
(a) A minor may petition the superior court of the county in which the minor resides or is temporarily domiciled for a declaration of emancipation.

(b) The petition shall set forth with specificity all of the following facts:

(1) The minor is at least 14 years of age.

(2) The minor willingly lives separate and apart from the minor’s parents or guardian with the consent or acquiescence of the minor’s parents or guardian.

(3) The minor is managing their own financial affairs. As evidence of this, the minor shall complete and attach a declaration of income and expenses as provided in Judicial Council form FL-150.

(4) The source of the minor’s income is not derived from any activity declared to be a crime by the laws of this state or the laws of the United States.

history: (History: Amended by Stats. 2019, Ch. 115, Sec. 79. (AB 1817) Effective January 1, 2020.)

article: 2. Procedure for Declaration

path: 11. MINORS > 6. EMANCIPATION OF MINORS LAW > 3. Court Declaration of Emancipation > 2. Procedure for Declaration


citation: FAM § 7121

text:
(a) Before the petition for a declaration of emancipation is heard, notice the court determines is reasonable shall be given to the minor’s parents, guardian, or other person entitled to the custody of the minor, or proof shall be made to the court that their addresses are unknown or that for other reasons the notice cannot be given.

(b) The clerk of the court shall also notify the local child support agency of the county in which the matter is to be heard of the proceeding. If the minor is a ward of the court, notice shall be given to the probation department. If the child is a dependent child of the court, notice shall be given to the county welfare department.

(c) The notice shall include a form whereby the minor’s parents, guardian, or other person entitled to the custody of the minor may give their written consent to the petitioner’s emancipation. The notice shall include a warning that a court may void or rescind the declaration of emancipation and the parents may become liable for support and medical insurance coverage pursuant to Chapter 2 (commencing with Section 4000) of Part 2 of Division 9 and Sections 17400, 17402, 17404, and 17422.

history: (History: Amended by Stats. 2003, Ch. 365, Sec. 1. Effective January 1, 2004.)

article: 2. Procedure for Declaration


citation: FAM § 7122

text:
(a) The court shall sustain the petition if it finds that the minor is a person described by Section 7120 and that emancipation would not be contrary to the minor’s best interest.

(b) If the petition is sustained, the court shall forthwith issue a declaration of emancipation, which shall be filed by the clerk of the court.

(c) A declaration is conclusive evidence that the minor is emancipated.

history: (History: Amended by Stats. 2002, Ch. 784, Sec. 107. Effective January 1, 2003.)

article: 2. Procedure for Declaration


citation: FAM § 7123

text:
(a) If the petition is denied, the minor has a right to file a petition for a writ of mandate.

(b) If the petition is sustained, the parents or guardian have a right to file a petition for a writ of mandate if they have appeared in the proceeding and opposed the granting of the petition.

article: 2. Procedure for Declaration


citation: FAM § 7130

text:
(a) A declaration of emancipation obtained by fraud or by the withholding of material information is voidable.

(b) A declaration of emancipation of a minor who is indigent and has no means of support is subject to rescission.

article: 3. Voiding or Rescinding Declaration

path: 11. MINORS > 6. EMANCIPATION OF MINORS LAW > 3. Court Declaration of Emancipation > 3. Voiding or Rescinding Declaration


citation: FAM § 7131

text: A petition to void a declaration of emancipation on the ground that the declaration was obtained by fraud or by the withholding of material information may be filed by any person or by any public or private agency. The petition shall be filed in the court that made the declaration.

article: 3. Voiding or Rescinding Declaration


citation: FAM § 7132

text:
(a) A petition to rescind a declaration of emancipation on the ground that the minor is indigent and has no means of support may be filed by the minor declared emancipated, by the minor’s conservator, or by the district attorney of the county in which the minor resides. The petition shall be filed in the county in which the minor or the conservator resides.

(b) The minor may be considered indigent if the minor’s only source of income is from public assistance benefits. The court shall consider the impact of the rescission of the declaration of emancipation on the minor and shall find the rescission of the declaration of emancipation will not be contrary to the best interest of the minor before granting the order to rescind.

history: (History: Amended by Stats. 1993, Ch. 219, Sec. 158. Effective January 1, 1994.)

article: 3. Voiding or Rescinding Declaration


citation: FAM § 7133

text:
(a) Before a petition under this article is heard, notice the court determines is reasonable shall be given to the minor’s parents or guardian, or proof shall be made to the court that their addresses are unknown or that for other reasons the notice cannot be given.

(b) The notice to parents shall state that if the declaration of emancipation is voided or rescinded, the parents may be liable to provide support and medical insurance coverage for the child pursuant to Chapter 2 (commencing with Section 4000) of Part 2 of Division 9 of this code and Sections 11350, 11350.1, 11475.1, and 11490 of the Welfare and Institutions Code.

(c) No liability accrues to a parent or guardian not given actual notice, as a result of voiding or rescinding the declaration of emancipation, until that parent or guardian is given actual notice.

history: (History: Amended by Stats. 1993, Ch. 219, Sec. 159. Effective January 1, 1994.)

article: 3. Voiding or Rescinding Declaration


citation: FAM § 7134

text: If the petition is sustained, the court shall forthwith issue an order voiding or rescinding the declaration of emancipation, which shall be filed by the clerk of the court.

history: (History: Amended by Stats. 2002, Ch. 784, Sec. 108. Effective January 1, 2003.)

article: 3. Voiding or Rescinding Declaration


citation: FAM § 7135

text: Voiding or rescission of the declaration of emancipation does not alter any contractual obligation or right or any property right or interest that arose during the period that the declaration was in effect.

history: (History: Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

article: 3. Voiding or Rescinding Declaration


citation: FAM § 7140

text: On application of a minor declared emancipated under this chapter, the Department of Motor Vehicles shall enter identifying information in its law enforcement computer network, and the fact of emancipation shall be stated on the department’s identification card issued to the emancipated minor.

article: 4. Identification Cards and Information

path: 11. MINORS > 6. EMANCIPATION OF MINORS LAW > 3. Court Declaration of Emancipation > 4. Identification Cards and Information


citation: FAM § 7141

text: A person who, in good faith, has examined a minor’s identification card and relies on a minor’s representation that the minor is emancipated, has the same rights and obligations as if the minor were in fact emancipated at the time of the representation.

article: 4. Identification Cards and Information


citation: FAM § 7142

text: No public entity or employee is liable for any loss or injury resulting directly or indirectly from false or inaccurate information contained in the Department of Motor Vehicles records system or identification cards as provided in this part.

article: 4. Identification Cards and Information


citation: FAM § 7143

text: If a declaration of emancipation is voided or rescinded, notice shall be sent immediately to the Department of Motor Vehicles which shall remove the information relating to emancipation in its law enforcement computer network. Any identification card issued stating emancipation shall be invalidated.

article: 4. Identification Cards and Information


citation: FAM § 7500

text:
(a) The mother of an unemancipated minor child, and the father, if presumed to be the father under Section 7611, are equally entitled to the services and earnings of the child.

(b) If one parent is dead, is unable or refuses to take custody, or has abandoned the child, the other parent is entitled to the services and earnings of the child.

(c) This section shall not apply to any services or earnings of an unemancipated minor child related to a contract of a type described in Section 6750.

history: (History: Amended by Stats. 1999, Ch. 940, Sec. 8. Effective January 1, 2000.)

division: 12. PARENT AND CHILD RELATIONSHIP

part: 1. RIGHTS OF PARENTS

path: 12. PARENT AND CHILD RELATIONSHIP > 1. RIGHTS OF PARENTS


citation: FAM § 7501

text:
(a) A parent entitled to the custody of a child has a right to change the residence of the child, subject to the power of the court to restrain a removal that would prejudice the rights or welfare of the child.

(b) It is the intent of the Legislature to affirm the decision in In re Marriage of Burgess (1996) 13 Cal.4th 25, and to declare that ruling to be the public policy and law of this state.

history: (History: Amended by Stats. 2003, Ch. 674, Sec. 1. Effective January 1, 2004.)


citation: FAM § 7502

text: The parent, as such, has no control over the property of the child.

history: (History: Added by Stats. 1993, Ch. 219, Sec. 165. Effective January 1, 1994.)


citation: FAM § 7503

text: The employer of a minor shall pay the earnings of the minor to the minor until the parent or guardian entitled to the earnings gives the employer notice that the parent or guardian claims the earnings.

history: (History: Added by Stats. 1993, Ch. 219, Sec. 166. Effective January 1, 1994.)


citation: FAM § 7504

text: The parent, whether solvent or insolvent, may relinquish to the child the right of controlling the child and receiving the child’s earnings. Abandonment by the parent is presumptive evidence of that relinquishment.

history: (History: Added by Stats. 1993, Ch. 219, Sec. 167. Effective January 1, 1994.)


citation: FAM § 7505

text:
The authority of a parent ceases on any of the following:

(a) The appointment, by a court, of a guardian of the person of the child.

(b) The marriage of the child.

(c) The child attaining the age of majority.

history: (History: Added by Stats. 1993, Ch. 219, Sec. 168. Effective January 1, 1994.)


citation: FAM § 7506

text: Where a child, after attaining the age of majority, continues to serve and to be supported by the parent, neither party is entitled to compensation, in the absence of an agreement for the compensation.

history: (History: Added by Stats. 1993, Ch. 219, Sec. 169. Effective January 1, 1994.)


citation: FAM § 7507

text: The abuse of parental authority is the subject of judicial cognizance in a civil action brought by the child, or by the child’s relative within the third degree, or by the supervisors of the county where the child resides; and when the abuse is established, the child may be freed from the dominion of the parent, and the duty of support and education enforced.

history: (History: Added by Stats. 1993, Ch. 219, Sec. 170. Effective January 1, 1994.)


citation: FAM § 7540

text:
(a) Except as provided in Section 7541, the child of spouses who cohabited at the time of conception and birth is conclusively presumed to be a child of the marriage.

(b) The conclusive marital presumption in subdivision (a) does not apply if the court determines that the husband of the woman who gave birth was impotent or sterile at the time of conception and that the child was not conceived through assisted reproduction.

history: (History: Repealed and added by Stats. 2018, Ch. 876, Sec. 5. (AB 2684) Effective January 1, 2019.)

path: 12. PARENT AND CHILD RELATIONSHIP > 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE > 1. Child of Wife Cohabiting With Husband


citation: FAM § 7541

text:
(a) If the court finds that the spouse who is a presumed parent under Section 7540 is not a genetic parent of the child pursuant to Chapter 2 (commencing with Section 7550), the question of parentage shall be resolved in accordance with all other applicable provisions of this division, including, but not limited to, Section 7612.

(b) An action to challenge the parentage of the spouse who is a presumed parent under Section 7540 shall be filed and served not later than two years from the child’s date of birth and may only be filed by any of the following:

(1) By either spouse.

(2) By a person who is a presumed parent under Section 7611 or by the child, through or by the child’s guardian ad litem, to establish the parentage of the person who is a presumed parent under Section 7611.

(c) The petition or motion to challenge a presumption under Section 7540 pursuant to this section shall be supported by a declaration under oath submitted by the moving party stating the factual basis for placing the issue of parentage before the court.

(d) Genetic testing may not be used to challenge parentage, in either of the following cases:

(1) A case that reached final judgment of parentage on or before September 30, 1980.

(2) A case challenging the parentage of a spouse who is a parent pursuant to Section 7962 or subdivision (a) of Section 7613, except to resolve a dispute regarding whether the child was conceived through assisted reproduction.

history: (History: Amended by Stats. 2019, Ch. 115, Sec. 80. (AB 1817) Effective January 1, 2020.)

part: 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE

chapter: 1. Child of Wife Cohabiting With Husband


citation: FAM § 7550

text:
This chapter shall govern both of the following:

(a) The genetic testing of a person who either voluntarily submits to genetic testing or is ordered to submit to genetic testing pursuant to an order of a court or local child support agency.

(b) The use of genetic testing in a proceeding to determine parentage.

history: (History: Repealed and added by Stats. 2018, Ch. 876, Sec. 9. (AB 2684) Effective January 1, 2019.)

path: 12. PARENT AND CHILD RELATIONSHIP > 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE > 2. Genetic Testing to Determine Parentage


text:
The following definitions shall apply to this chapter:

(a) “Combined relationship index” means the product of all tested relationship indices.

(b) “Ethnic or racial group” means, for the purpose of genetic testing, a recognized group that a person identifies as the person’s ancestry, or part of the ancestry, or that is identified by other information.

(c) “Genetic testing” means any genetic testing that complies with Section 7552.

(d) “Hypothesized genetic relationship” means an asserted genetic relationship between a person and a child.

(e) “Probability of parentage” means, for the ethnic or racial group to which a person alleged to be a parent belongs, the probability that a hypothesized genetic relationship is supported, compared to the probability that a genetic relationship is supported between the child and a random person of the ethnic or racial group used in the hypothesized genetic relationship, expressed as a percentage incorporating the combined relationship index and a prior probability.

(f) “Relationship index” means a likelihood ratio that compares the probability of a genetic marker given a hypothesized genetic relationship and the probability of the genetic marker given a genetic relationship between the child and a random person of the ethnic or racial group used in the hypothesized genetic relationship.

history: (History: Added by Stats. 2018, Ch. 876, Sec. 10. (AB 2684) Effective January 1, 2019.)

chapter: 2. Genetic Testing to Determine Parentage


citation: FAM § 7551

text:
(a) Except as provided in subdivisions (b) and (c), in a civil action or proceeding in which parentage is a relevant fact, the court may, upon its own initiative or upon suggestion made by or on behalf of any person who is involved, and shall upon motion of any party to the action or proceeding made at a time so as not to delay the proceedings unduly, order the woman who gave birth, the child, and the alleged genetic parent to submit to genetic testing.

(b) (1) Genetic testing shall not be used for any of the following purposes:

(A) To challenge the parentage of a person who is a parent pursuant to subdivision (a) of Section 7613, except to resolve a dispute whether the child was conceived through assisted reproduction.

(B) To challenge the parentage of a person who is a parent pursuant to Section 7962, except to resolve a dispute whether the gestational carrier surrogate is a genetic parent.

(C) To establish the parentage of a person who is a donor pursuant to Section 7613, except to resolve a dispute whether the child was conceived through assisted reproduction.

(2) If the child has a presumed parent pursuant to Section 7540, a motion for genetic testing is governed by Section 7541.

(3) If the child has a parent whose parentage has been previously established in a judgment, a request for genetic testing shall be governed by Section 7647.7.

(4) A court shall not order genetic testing if the genetic testing would be used to establish the parentage of a person who is prohibited under this division from establishing parentage based on evidence of genetic testing.

(c) A court shall not order in utero genetic testing.

(d) In any case under this division in which genetic testing is ordered, the following shall apply:

(1) If a party refuses to submit to genetic testing, the court may resolve the question of parentage against that party or enforce its order if the rights of others and the interests of justice so require.

(2) The refusal of a party to submit to genetic testing is admissible in evidence in any proceeding to determine parentage.

(3) If two or more persons are subject to court-ordered genetic testing, the court may order that the testing be completed concurrently or sequentially.

(4) Genetic testing of a woman who gave birth to a child is not a condition precedent to the testing of the child and a person whose genetic parentage of the child is being determined. If the woman is unavailable for genetic testing, the court may order genetic testing of the child and each person whose genetic parentage of the child is at issue.

(5) An order under this division for genetic testing is enforceable by contempt.

history: (History: Amended by Stats. 2023, Ch. 851, Sec. 3. (AB 1650) Effective January 1, 2024.)


text: All hospitals, local child support agencies, welfare offices, and family courts shall facilitate genetic tests for purposes of enforcement of this chapter. This may include having a health care professional available for purposes of extracting samples to be used for genetic testing.

history: (History: Added by Stats. 1999, Ch. 652, Sec. 6. Effective January 1, 2000.)


citation: FAM § 7552

text:
(a) Genetic testing shall be of a type reasonably relied on by experts in the field of genetic testing and performed in a testing laboratory accredited by either of the following:

(1) The AABB, formerly known as the American Association of Blood Banks, or a successor organization.

(2) An accrediting body designated by the Secretary of the United States Department of Health and Human Services.

(b) A specimen used in genetic testing may consist of a sample or a combination of samples of blood, buccal cells, bone, hair, or other body tissue or fluid. The specimen used in the testing need not be of the same kind for each person undergoing genetic testing.

(c) Based on the ethnic or racial group of a person undergoing genetic testing, a testing laboratory shall determine the databases from which to select frequencies for use in calculating a relationship index. If a person or a local child support agency objects to the laboratory’s choice, the following rules shall apply:

(1) Not later than 30 days after receipt of the report of the test, the objecting person or local child support agency may request the court to require the laboratory to recalculate the relationship index using an ethnic or racial group different from that used by the laboratory.

(2) The person or local child support agency objecting to the choice of laboratories under this subdivision shall do either of the following:

(A) If the requested frequencies are not available to the laboratory for the ethnic or racial group requested, provide the requested frequencies compiled in a manner recognized by accrediting bodies.

(B) Engage another laboratory to perform the calculations.

(3) The laboratory may use its own statistical estimate if there is a question of which ethnic or racial group is appropriate. The laboratory shall calculate the frequencies using statistics, if available, for any other ethnic or racial group requested.

(d) If, after recalculation of the relationship index pursuant to subdivision (c) using a different ethnic or racial group, genetic testing does not identify a person as a genetic parent of the child, the court may require a person who has been tested to submit to additional genetic testing to identify a genetic parent.

history: (History: Repealed and added by Stats. 2018, Ch. 876, Sec. 14. (AB 2684) Effective January 1, 2019.)


text:
(a) A copy of the results of all genetic testing performed under Section 7551 or 7558 shall be served upon all parties, by any method of service authorized under Chapter 5 (commencing with Section 1010) of Title 14 of Part 2 of the Code of Civil Procedure except personal service, no later than 20 days prior to a hearing in which the genetic test results may be admitted into evidence. The genetic test results shall be accompanied by a declaration under penalty of perjury of the custodian of records or other qualified employee of the laboratory that conducted the genetic tests, stating in substance each of the following:

(1) The declarant is the duly authorized custodian of the records or other qualified employee of the laboratory, and has authority to certify the records.

(2) A statement that establishes in detail the chain of custody of all genetic samples collected, including the date on which the genetic sample was collected, the identity of each person from whom a genetic sample was collected, the identity of the person who performed or witnessed the collecting of the genetic samples and packaged them for transmission to the laboratory, the date on which the genetic samples were received by the laboratory, the identity of the person who unpacked the samples and forwarded them to the person who performed the laboratory analysis of the genetic sample, and the identification and qualifications of all persons who performed the laboratory analysis and published the results.

(3) A statement that establishes that the procedures used by the laboratory to conduct the tests for which the test results are attached are used in the laboratory’s ordinary course of business to ensure accuracy and proper identification of genetic samples.

(4) The genetic test results were prepared at or near the time of completion of the genetic tests by personnel of the business qualified to perform genetic tests in the ordinary course of business.

(b) The genetic test results shall be admitted into evidence at the hearing or trial to establish parentage, without the need for foundation testimony of authenticity and accuracy, unless a written objection to the genetic test results is filed with the court and served on all other parties, by a party no later than five days prior to the hearing or trial in which parentage is at issue.

(c) If a written objection is filed with the court and served on all parties within the time specified in subdivision (b), experts appointed by the court shall be called by the court as witnesses to testify to their findings and are subject to cross-examination by the parties.

history: (History: Amended by Stats. 2018, Ch. 876, Sec. 15. (AB 2684) Effective January 1, 2019.)


citation: FAM § 7553

text:
(a) The compensation of each expert witness appointed by the court shall be fixed at a reasonable amount. It shall be paid as the court shall order. Except as provided in subdivision (b), the court may order that it be paid by the parties in the proportions and at the times the court prescribes, or that the proportion of any party be paid by the county, and that, after payment by the parties or the county or both, all or part or none of it be taxed as costs in the action or proceeding.

(b) If the expert witness is appointed for the court’s needs, the compensation shall be paid by the court.

history: (History: Amended by Stats. 2012, Ch. 470, Sec. 22. (AB 1529) Effective January 1, 2013.)


citation: FAM § 7554

text:
(a) If the woman who gave birth to the child is the only other person who is a parent or has a claim to parentage of the child under this division, the court shall find the person who is the alleged father or genetic parent who is not a donor under Section 7613 to be a parent of the child if the person meets any of the following:

(1) Is identified pursuant to Section 7555 as a genetic parent of the child and the identification is not successfully challenged.

(2) Admits parentage in a pleading, when making an appearance, or during a hearing, the court accepts the admission, and the court determines that the person is a genetic parent of the child.

(3) Declines to submit to genetic testing ordered by the court or a local child support agency, in which case, the court may find that the person is a parent of the child even if the person denies a genetic relationship with the child.

(4) Is in default after service of process and the court determines the person to be a genetic parent of the child.

(5) Is neither identified nor excluded as a genetic parent by genetic testing and, based on other evidence, the court determines the person to be a genetic parent of the child.

(b) If more than one person other than the woman who gave birth asserts a claim under this division to be the child’s parent, parentage shall be determined under provisions of this division.

history: (History: Amended by Stats. 2019, Ch. 115, Sec. 81. (AB 1817) Effective January 1, 2020.)


citation: FAM § 7555

text:
(a) Subject to a challenge under subdivision (b), a person is identified under this part as a genetic parent of a child if genetic testing complies with this part and the results of the testing disclose both of the following:

(1) The person has at least a 99 percent probability of parentage, using a prior probability of 0.50, as calculated by using the combined relationship index obtained in the testing.

(2) A combined relationship index of at least 100 to 1.

(b) A person identified pursuant to subdivision (a) as a genetic parent of the child may challenge the genetic testing results only by other genetic testing satisfying the requirements of this chapter that either excludes the person as a genetic parent of the child or identifies another person as a possible genetic parent of the child other than the woman who gave birth to the child or the person challenging parentage.

(c) If more than one person, other than the woman who gave birth to the child, is identified by genetic testing as a possible genetic parent of the child, the court shall order each person to submit to further genetic testing to identify a genetic parent.

history: (History: Repealed and added by Stats. 2018, Ch. 876, Sec. 19. (AB 2684) Effective January 1, 2019.)


citation: FAM § 7556

text:
This part applies to criminal actions subject to the following limitations and provisions:

(a) An order for genetic testing shall be made only upon application of a party or on the court’s initiative.

(b) The compensation of the experts, other than an expert witness appointed by the court for the court’s needs, shall be paid by the county under order of court. The compensation of an expert witness appointed for the court’s needs shall be paid by the court.

(c) The court may direct a verdict of acquittal if the person is found not to be a genetic parent pursuant to Section 7555, otherwise the case shall be submitted for determination upon all the evidence.

history: (History: Amended by Stats. 2018, Ch. 876, Sec. 20. (AB 2684) Effective January 1, 2019.)


citation: FAM § 7557

text: Nothing in this part prevents a party to an action or proceeding from producing other expert evidence on the matter covered by this part; but, where other expert witnesses are called by a party to the action or proceeding, their fees shall be paid by the party calling them and only ordinary witness fees shall be taxed as costs in the action or proceeding.

history: (History: Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)


citation: FAM § 7558

text:
(a) This section applies only to cases where support enforcement services are being provided by the local child support agency pursuant to Section 17400.

(b) In any civil action or proceeding in which parentage is a relevant fact, and in which the issue of parentage is contested, the local child support agency may issue an administrative order requiring the mother, child, and the alleged father to submit to genetic testing if any of the following conditions exist:

(1) The person alleging parentage has signed a statement under penalty of perjury that sets forth facts that establish a reasonable possibility that the person is the child’s genetic parent.

(2) The person denying parentage has signed a statement under penalty of perjury that sets forth facts that establish a reasonable possibility that the person is not a genetic parent of the child.

(3) The alleged father has filed an answer in the action or proceeding in which parentage is a relevant fact and has requested that genetic tests be performed.

(4) The woman who gave birth to the child and the alleged father agree in writing to submit to genetic tests.

(c) Notwithstanding subdivision (b), the local child support agency may not order a person to submit to genetic tests in any of the following instances:

(1) The person has been found to have good cause for failure to cooperate in the determination of parentage pursuant to Section 11477 of the Welfare and Institutions Code.

(2) A case in which more than one person other than the woman who gave birth asserts a claim under this division to be the child’s parent.

(3) A case involving a child conceived through assisted reproduction.

(d) The local child support agency shall pay the costs of any genetic tests that are ordered under subdivision (b), subject to the county obtaining a court order for reimbursement from the alleged father if parentage is established pursuant to Section 7553.

(e) This section does not prohibit a person who has been ordered by the local child support agency to submit to genetic tests pursuant to this section from filing a notice of motion with the court in the action or proceeding in which parentage is a relevant fact seeking relief from the local child support agency’s order to submit to genetic tests. In that event, the court shall resolve the issue of whether genetic tests should be ordered as provided in Section 7551. When a person refuses to submit to the tests after receipt of the administrative order pursuant to this section and fails to seek relief from the court from the administrative order either prior to the scheduled tests or within 10 days after the tests are scheduled, the court may resolve the question of parentage against that person or enforce the administrative order if the rights of others or the interest of justice so require. Except as provided in subdivision (c), a person’s refusal to submit to tests ordered by the local child support agency is admissible in evidence in any proceeding to determine parentage if a notice of motion is not filed within the timeframes specified in this subdivision.

(f) If the original test result is contested, the local child support agency shall order an additional test only upon request and advance payment of the contestant.

(g) The local child support agency shall not order in utero genetic testing.

(h) The local child support agency shall administer this section consistent with federal law.

history: (History: Amended by Stats. 2018, Ch. 876, Sec. 21. (AB 2684) Effective January 1, 2019.)


citation: FAM § 7559

text: Payment of the cost of initial genetic testing shall be made in advance when agreed to by the parties or ordered by the court pursuant to Section 7640.

history: (History: Added by Stats. 2018, Ch. 876, Sec. 22. (AB 2684) Effective January 1, 2019.)


citation: FAM § 7560

text: The court or local child support agency shall order additional genetic testing upon the request of a person who contests the results of the initial testing under Section 7555.

history: (History: Added by Stats. 2018, Ch. 876, Sec. 23. (AB 2684) Effective January 1, 2019.)


citation: FAM § 7562

text: If a person seeking genetic testing demonstrates good cause, the court may order genetic testing of a deceased person.

history: (History: Added by Stats. 2018, Ch. 876, Sec. 24. (AB 2684) Effective January 1, 2019.)


citation: FAM § 7570

text:
(a) The Legislature hereby finds and declares as follows:

(1) There is a compelling state interest in establishing parentage for all children. Establishing parentage is the first step toward a child support award, which, in turn, provides children with equal rights and access to benefits, including, but not limited to, social security, health insurance, survivors’ benefits, military benefits, and inheritance rights.

(2) A simple administrative system allowing for establishment of voluntary parentage will result in a significant increase in the ease of establishing parentage, a significant increase in parentage establishment, an increase in the number of children who have greater access to child support and other benefits, and a significant decrease in the time and money required to establish parentage due to the removal of the need for a lengthy and expensive court process to determine and establish parentage and is in the public interest.

(b) This section shall become operative on January 1, 2020.

history: (History: Repealed and added by Stats. 2018, Ch. 876, Sec. 27. (AB 2684) Effective January 1, 2019. Section operative January 1, 2020, by its own provisions.)

path: 12. PARENT AND CHILD RELATIONSHIP > 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE > 3. Establishment of Parentage by Voluntary Declaration


citation: FAM § 7571

text:
(a) On and after January 1, 1995, upon the event of a live birth, prior to an unmarried mother or a mother who gave birth to a child conceived through assisted reproduction leaving a hospital, the person responsible for registering live births under Section 102405 of the Health and Safety Code shall provide to the woman giving birth and shall attempt to provide, at the place of birth, to the person identified by the woman giving birth as either the only possible genetic parent other than the woman who gave birth or the intended parent of a child conceived through assisted reproduction, a voluntary declaration of parentage together with the written materials described in Section 7572. Staff in the hospital shall witness the signatures of parents signing a voluntary declaration of parentage and shall forward the signed declaration to the Department of Child Support Services within 20 days of the date the declaration was signed. A copy of the declaration shall be made available to each of the attesting parents.

(b) A health care provider shall not be subject to civil, criminal, or administrative liability for a negligent act or omission relative to the accuracy of the information provided or for filing the declaration with the appropriate state or local agencies.

(c) The local child support agency shall pay the sum of ten dollars ($10) to birthing hospitals and other entities that provide prenatal services for each completed declaration of parentage that is filed with the Department of Child Support Services, provided that the local child support agency and the hospital or other entity providing prenatal services has entered into a written agreement that specifies the terms and conditions for the payment as required by federal law.

(d) If the declaration is not registered by the person responsible for registering live births at the hospital, it may be completed by the attesting parents, notarized, and mailed to the Department of Child Support Services at any time after the child’s birth.

(e) Prenatal clinics shall offer prospective parents the opportunity to sign a voluntary declaration of parentage. In order to be paid for their services as provided in subdivision (c), prenatal clinics must ensure that the form is witnessed and forwarded to the Department of Child Support Services within 20 days of the date the declaration was signed.

(f) Declarations shall be made available without charge at all local child support agency offices, offices of local registrars of births and deaths, courts, and county welfare departments within this state. Staff in these offices shall witness the signatures of parents wishing to sign a voluntary declaration of parentage and shall be responsible for forwarding the signed declaration to the Department of Child Support Services within 20 days of the date the declaration was signed.

(g) The Department of Child Support Services, at its option, may pay the sum of ten dollars ($10) to local registrars of births and deaths, county welfare departments, or courts for each completed declaration of parentage that is witnessed by staff in these offices and filed with the Department of Child Support Services. In order to receive payment, the Department of Child Support Services and the entity shall enter into a written agreement that specifies the terms and conditions for payment as required by federal law. The Department of Child Support Services shall study the effect of the ten dollar ($10) payment on obtaining completed voluntary declaration of parentage forms.

(h) The Department of Child Support Services and local child support agencies shall publicize the availability of the declarations. The local child support agency shall make the declaration, together with the written materials described in subdivision (a) of Section 7572, available upon request to any parent and any agency or organization that is required to offer parents the opportunity to sign a voluntary declaration of parentage. The local child support agency shall also provide qualified staff to answer parents’ questions regarding the declaration and the process of establishing parentage.

(i) Copies of the declaration and any rescissions filed with the Department of Child Support Services shall be made available only to the parents, the child, the local child support agency, the county welfare department, the county counsel, the State Department of Public Health, and the courts.

(j) Publicly funded or licensed health clinics, pediatric offices, Head Start programs, child care centers, social services providers, prisons, and schools may offer parents the opportunity to sign a voluntary declaration of parentage. In order to be paid for their services as provided in subdivision (c), publicly funded or licensed health clinics, pediatric offices, Head Start programs, child care centers, social services providers, prisons, and schools shall ensure that the form is witnessed and forwarded to the Department of Child Support Services.

(k) An agency or organization required to offer parents the opportunity to sign a voluntary declaration of parentage shall also identify parents who are willing to sign but were unavailable when the child was born. The organization shall then contact these parents within 10 days and again offer the parent the opportunity to sign a voluntary declaration of parentage.

(l) This section shall become operative on January 1, 2020.

history: (History: Amended by Stats. 2023, Ch. 131, Sec. 59. (AB 1754) Effective January 1, 2024.)

chapter: 3. Establishment of Parentage by Voluntary Declaration


citation: FAM § 7572

text:
(a) The Department of Child Support Services, in consultation with the State Department of Health Care Services, the California Association of Hospitals and Health Systems, and other affected health provider organizations, shall work cooperatively to develop written materials to assist providers and parents in complying with this chapter. These written materials shall be updated periodically by the Department of Child Support Services to reflect changes in law, procedures, or public need.

(b) The written materials for unmarried parents or parents of a child conceived through assisted reproduction that shall be attached to the form specified in Section 7574 and shall contain the following information:

(1) A signed voluntary declaration of parentage that is filed with the Department of Child Support Services legally establishes parentage.

(2) The legal rights and obligations of both parents and the child that result from the establishment of parentage.

(3) An alleged father’s constitutional rights to have the issue of parentage decided by a court; to notice of any hearing on the issue of parentage; to have an opportunity to present the alleged father’s case to the court, including the right to present and cross-examine witnesses; to be represented by an attorney; and to have an attorney appointed if the alleged father cannot afford one in a parentage action filed by a local child support agency.

(4) That by signing the voluntary declaration of parentage, the father is voluntarily waiving the father’s constitutional rights.

(c) Parents shall also be given oral notice of the rights and responsibilities specified in subdivision (b). Oral notice may be accomplished through the use of audio- or video-recorded programs developed by the Department of Child Support Services to the extent permitted by federal law.

(d) The Department of Child Support Services shall, free of charge, make available to hospitals, clinics, and other places of birth all informational and training materials for the program under this chapter, as well as the declaration of parentage form. The Department of Child Support Services shall make training available to every participating hospital, clinic, local registrar of births and deaths, and other place of birth no later than June 30, 1999.

(e) The Department of Child Support Services may adopt regulations, including emergency regulations, necessary to implement this chapter.

history: (History: Amended by Stats. 2023, Ch. 131, Sec. 60. (AB 1754) Effective January 1, 2024.)


citation: FAM § 7573

text:
(a) The following persons may sign a voluntary declaration of parentage to establish the parentage of the child:

(1) An unmarried woman who gave birth to the child and another person who is a genetic parent.

(2) A married or unmarried woman who gave birth to the child and another person who is a parent under Section 7613 of a child conceived through assisted reproduction.

(b) A voluntary declaration of parentage shall be in a record signed by the woman who gave birth to the child and by either the only possible genetic parent other than the woman who gave birth or the intended parent of a child conceived through assisted reproduction, and the signatures shall be attested by a notary or witnessed.

(c) Except as provided by Section 7580, a voluntary declaration of parentage takes effect on the filing of the document with the Department of Child Support Services.

(d) Except as provided in Sections 7573.5, 7575, 7576, 7577, and 7580, a completed voluntary declaration of parentage that complies with this chapter and that has been filed with the Department of Child Support Services is equivalent to a judgment of parentage of the child and confers on the declarant all rights and duties of a parent.

(e) The court shall give full faith and credit to a voluntary declaration of parentage effective in another state if the declaration was in a signed record and otherwise complies with the law of the other state.

(f) This section shall become operative on January 1, 2020.

history: (History: Repealed and added by Stats. 2018, Ch. 876, Sec. 33. (AB 2684) Effective January 1, 2019. Section operative January 1, 2020, by its own provisions.)


text:
(a) A voluntary declaration of parentage is void if, at the time of signing, any of the following are true:

(1) A person other than the woman who gave birth to the child or a person seeking to establish parentage through a voluntary declaration of parentage is a presumed parent under Section 7540 or subdivision (a), (b), or (c) of Section 7611.

(2) A court has entered a judgment of parentage of the child.

(3) Another person has signed a valid voluntary declaration of parentage.

(4) The child has a parent under Section 7613 or 7962 other than the signatories.

(5) The person seeking to establish parentage is a donor pursuant to Section 7613.

(6) The person seeking to establish parentage asserts that the person is a parent under Section 7613 and the child was not conceived through assisted reproduction.

(b) In an action in which a party is seeking a determination that a voluntary declaration of parentage is void under this section, notice shall be provided pursuant to Section 7635.

history: (History: Amended by Stats. 2023, Ch. 851, Sec. 4. (AB 1650) Effective January 1, 2024.)


citation: FAM § 7574

text:
(a) The voluntary declaration of parentage shall be executed on a form developed by the Department of Child Support Services in consultation with the State Department of Public Health and groups addressing child support, child custody, assisted reproduction issues, and lesbian, gay, bisexual, and transgender rights.

(b) The form described in subdivision (a) shall contain, at a minimum, all of the following:

(1) The name and the signature of the woman who gave birth to the child.

(2) The name and the signature of the person seeking to establish parentage.

(3) The name of the child.

(4) The date of birth of the child.

(5) For a voluntary declaration of parentage signed pursuant to paragraph (1) of subdivision (a) of Section 7573, all of the following:

(A) A statement by the woman who gave birth that the woman is unmarried and understands the written materials described in Section 7572, that the person who is signing the voluntary declaration of parentage is the only possible genetic parent other than the woman who gave birth, that the woman who gave birth consents to the establishment of parentage by the genetic parent signing the voluntary declaration of parentage, and that the woman who gave birth understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.

(B) A statement by the person signing the voluntary declaration of parentage that the person has read and understands the written materials described in Section 7572, understands that by signing the voluntary declaration of parentage the person is waiving rights as described in the written materials, that the person is the genetic parent of the child, that the person consents to the establishment of parentage by signing the voluntary declaration of parentage, that the person is assuming all the rights and responsibilities of a parent and wishes to be named on the child’s birth certificate, and that the person understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.

(6) For a voluntary declaration of parentage signed pursuant to paragraph (2) of subdivision (a) of Section 7573, all of the following:

(A) A statement by the woman who gave birth that the woman has read and understands the written materials described in Section 7572, that the person who is signing the voluntary declaration of parentage is the intended parent of a child conceived through assisted reproduction, that the woman who gave birth consents to the establishment of parentage by the other person signing the voluntary declaration of parentage, and that the woman who gave birth understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.

(B) A statement that the person seeking to establish parentage has read and understands the written materials described in Section 7572, understands that by signing the voluntary declaration of parentage the person is waiving rights as described in the written materials, that the person is the intended parent of the child conceived through assisted reproduction, that the person consents to the establishment of parentage by signing the voluntary declaration of parentage, that the person is assuming all the rights and responsibilities of a parent and wishes to be named on the child’s birth certificate, and that the person understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.

(7) The name and the signature of the person who witnesses the signing of the declaration.

history: (History: Amended (as added by Stats. 2018, Ch. 876, Sec. 36) by Stats. 2019, Ch. 115, Sec. 84. (AB 1817) Effective January 1, 2020.)