citation: FAM § 7575

text:
(a) Either parent may rescind the voluntary declaration of parentage by filing a rescission form with the Department of Child Support Services within 60 days of the date of execution of the declaration by the attesting parents, whichever signature is later, unless a court order for custody, visitation, or child support has been entered in an action in which the signatory seeking to rescind was a party. The Department of Child Support Services shall develop a form to be used by parents to rescind the declaration of parentage and instructions on how to complete and file the rescission with the Department of Child Support Services. The form shall include a declaration under penalty of perjury completed by the person filing the rescission form that certifies that a copy of the rescission form was sent by any form of mail requiring a return receipt to the other person who signed the voluntary declaration of parentage. A copy of the return receipt shall be attached to the rescission form when filed with the Department of Child Support Services. The form and instructions shall be written in simple, easy to understand language and shall be made available at the local family support office and the office of local registrar of births and deaths. The department shall, upon written request, provide to a court or commissioner a copy of any rescission form filed with the department that is relevant to proceedings before the court or commissioner.

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

history: (History: Repealed and added by Stats. 2018, Ch. 876, Sec. 38. (AB 2684) Effective January 1, 2019. Section operative January 1, 2020, by its own provisions.)


kind: section

code: FAM

citation: FAM § 7576

text:
(a) After the period for rescission provided in Section 7575 expires, but not later than two years after the effective date provided in subdivision (c) of Section 7573 of a voluntary declaration of parentage, a signatory of the voluntary declaration of parentage may commence a proceeding to challenge the declaration on the basis of fraud, duress, or material mistake of fact.

(b) The limitations period provided in subdivision (a) shall not apply if the voluntary declaration of parentage is void under Section 7573.5.

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

history: (History: Repealed and added by Stats. 2018, Ch. 876, Sec. 40. (AB 2684) Effective January 1, 2019. Section operative January 1, 2020, by its own provisions.)

division: 12. PARENT AND CHILD RELATIONSHIP

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 § 7577

text:
The following rules apply in an action to challenge a valid voluntary declaration of parentage brought by a person who is not a signatory to the declaration. This section does not apply to a voluntary declaration of parentage that is void under Section 7573.5.

(a) A person has standing under this section if the person is an alleged genetic parent who is not a donor under Section 7613, is a presumed parent under Section 7611, or any person who has standing under Section 7630.

(b) The petition challenging a voluntary declaration of parentage pursuant to this section shall be supported by a declaration under oath alleging specific facts to support standing under this section.

(c) If the court holds a hearing to determine standing, the hearing shall be held on an expedited basis. If the person challenging the voluntary declaration of parentage is an alleged genetic parent, genetic testing shall be ordered on an expedited basis.

(d) The action shall be filed not later than two years after the effective date of the declaration. This limitations period does not apply if the voluntary declaration of parentage is void under Section 7573.5.

(e) Notice shall be provided to the signatories of the declaration and to any person entitled to notice under Section 7635. A person who asserts a claim to parentage under this division shall be joined in the action.

(f) With respect to whether the voluntary declaration of parentage should be set aside, the person petitioning to set aside the voluntary declaration of parentage shall have the burden of proof by a preponderance of the evidence.

(g) The court may grant the petition to set aside the voluntary declaration of parentage only if the court finds that setting aside the voluntary declaration of parentage is in the best interest of the child, based on consideration of all of the following factors:

(1) The age of the child.

(2) The length of time since the effective date of the voluntary declaration of parentage.

(3) The nature, duration, and quality of any relationship between the person who signed the voluntary declaration of parentage and the child, including the duration and frequency of any time periods during which the child and the person resided in the same household or enjoyed a parent and child relationship.

(4) The request of the person who signed the voluntary declaration of parentage that the parent and child relationship continue.

(5) If the person challenges a voluntary declaration of parentage signed pursuant to paragraph (1) of subdivision (a) of Section 7573, the court shall additionally consider all of the following:

(A) Notice by the genetic parent of the child that the genetic parent does not oppose preservation of the relationship between the person who signed the declaration of parentage and the child.

(B) Whether any conduct of the person who signed the voluntary declaration has impaired the ability to ascertain the identity of, or obtain support from, the genetic parent.

(6) Additional factors deemed by the court to be relevant to its determination of the best interest of the child.

(h) If the voluntary declaration of parentage is challenged by a person who is presumed to be a parent under subdivision (d) of Section 7611, the court’s ruling on the petition to set aside the voluntary declaration of parentage shall, in addition to the factors under subdivision (g), also take into account the nature, duration, and quality of the relationship between the petitioning party and the child and the benefit or detriment to the child of continuing that relationship.

(i) If the court denies the petition to set aside the voluntary declaration of parentage, the court shall state on the record the basis for the denial of the action and any supporting facts.

(j) (1) If the court grants the petition to set aside the voluntary declaration of parentage, the court shall adjudicate parentage pursuant to Section 7612.

(2) An order for custody, visitation, or child support shall remain in effect until the court determines that the voluntary declaration of parentage should be set aside, subject to the court’s power to modify the orders as otherwise provided by law.

(k) This section does not prejudice or bar the rights of a person who is not a signatory and has standing under subdivision (a) to file an action or motion to set aside the voluntary declaration of parentage on any of the grounds described in, and within the time limits specified in, Section 473 of the Code of Civil Procedure. If the action or motion to set aside a judgment is required to be filed within a specified time period under Section 473 of the Code of Civil Procedure, the period within which the action or motion to set aside the voluntary declaration of parentage must be filed shall commence on the date that the court makes an initial order for custody, visitation, or child support based upon a voluntary declaration of parentage.

(l) This section does not restrict a court from acting as a court of equity.

(m) The Judicial Council shall develop the forms and procedures necessary to effectuate this section.

history: (History: Amended (as added by Stats. 2018, Ch. 876, Sec. 42) by Stats. 2019, Ch. 115, Sec. 85. (AB 1817) Effective January 1, 2020.)

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

chapter: 3. Establishment of Parentage by Voluntary Declaration


citation: FAM § 7578

text:
(a) Every signatory to a voluntary declaration of parentage shall be made a party to a proceeding to challenge the declaration.

(b) By signing a voluntary declaration, a signatory submits to personal jurisdiction in this state in a proceeding to challenge the declaration, effective on the filing of the declaration with the Department of Child Support Services.

(c) The court shall not suspend the legal responsibilities arising from a voluntary declaration of parentage, including the duty to pay child support, during the pendency of a proceeding to challenge the voluntary declaration of parentage, unless the party challenging the declaration shows good cause.

(d) A party challenging a voluntary declaration of parentage has the burden of proof by a preponderance of the evidence.

(e) If the judgment or order of the court is at variance with the child’s birth certificate, the court shall order that a new birth certificate be issued as prescribed in Article 2 (commencing with Section 102725) of Chapter 5 of Part 1 of Division 102 of the Health and Safety Code.

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

history: (History: Added by Stats. 2018, Ch. 876, Sec. 43. (AB 2684) Effective January 1, 2019. Section operative January 1, 2020, by its own provisions.)


citation: FAM § 7580

text:
(a) Notwithstanding subdivision (c) of Section 7573, a voluntary declaration of parentage that is signed by a minor parent does not establish parentage until 60 days after both signatories have reached 18 years of age or are emancipated, whichever first occurs.

(b) A person who signs a voluntary declaration of parentage as a minor may rescind the voluntary declaration of parentage at any time up to 60 days after the signatory reaches 18 years of age or becomes emancipated, whichever first occurs.

(c) A voluntary declaration of parentage signed by a minor creates a rebuttable presumption for or against parentage until the date that it establishes parentage as specified in subdivision (a).

(d) A voluntary declaration of parentage signed by a minor shall be admissible as evidence in a civil action to establish parentage of the minor named in the voluntary declaration.

(e) A voluntary declaration of parentage that is signed by a minor shall not be admissible as evidence in a criminal prosecution for violation of Section 261.5 of the Penal Code.

history: (History: Amended by Stats. 2019, Ch. 115, Sec. 86. (AB 1817) Effective January 1, 2020.)


citation: FAM § 7581

text:
The following provisions shall apply for voluntary declarations signed on or before December 31, 1996.

(a) Except as provided in subdivision (d), the child of a woman and a man executing a declaration of paternity under this chapter is conclusively presumed to be the man’s child. The presumption under this section has the same force and effect as the presumption under Section 7540.

(b) A voluntary declaration of paternity shall be recognized as the basis for the establishment of an order for child custody or support.

(c) In an action to rebut the presumption created by this section, a voluntary declaration of paternity shall be admissible as evidence to determine paternity of the child named in the voluntary declaration of paternity.

(d) The presumption established by this section may be rebutted by any person by requesting genetic testing pursuant to Chapter 2 (commencing with Section 7550). The notice of motion for genetic testing 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 paternity before the court. The notice of motion for genetic testing shall be made within three years from the date of execution of the declaration by the attesting father, or by the attesting mother, whichever signature is later. The two-year statute of limitations specified in subdivision (b) of Section 7541 is inapplicable for purposes of this section.

(e) A presumption under this section shall override all statutory presumptions of paternity, except a presumption arising under Section 7540, a claim made pursuant to Section 7555, or as provided in Section 7612.

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

history: (History: Added by Stats. 2018, Ch. 876, Sec. 45. (AB 2684) Effective January 1, 2019. Section operative January 1, 2020, by its own provisions.)


citation: FAM § 7600

text: This part may be cited as the Uniform Parentage Act.

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

part: 3. UNIFORM PARENTAGE ACT

chapter: 1. General Provisions

path: 12. PARENT AND CHILD RELATIONSHIP > 3. UNIFORM PARENTAGE ACT > 1. General Provisions


citation: FAM § 7601

text:
(a) “Natural parent” as used in this code means a nonadoptive parent established under this part, whether biologically related to the child or not.

(b) “Parent and child relationship” as used in this part means the legal relationship existing between a child and the child’s natural or adoptive parents incident to which the law confers or imposes rights, privileges, duties, and obligations. The term includes the mother and child relationship and the father and child relationship.

(c) This part does not preclude a finding that a child has a parent and child relationship with more than two parents.

(d) For purposes of state law, administrative regulations, court rules, government policies, common law, and any other provision or source of law governing the rights, protections, benefits, responsibilities, obligations, and duties of parents, any reference to two parents shall be interpreted to apply to every parent of a child where that child has been found to have more than two parents under this part.

history: (History: Amended by Stats. 2013, Ch. 564, Sec. 5.5. (SB 274) Effective January 1, 2014.)


citation: FAM § 7602

text: The parent and child relationship extends equally to every child and to every parent, regardless of the marital status of the parents.


citation: FAM § 7603

text: Section 3140 is applicable to proceedings pursuant to this part.


citation: FAM § 7604

text:
A court may order pendente lite relief consisting of a custody or visitation order pursuant to Part 2 (commencing with Section 3020) of Division 8, if the court finds both of the following:

(a) A parent and child relationship exists pursuant to Section 7540 or 7541.

(b) The custody or visitation order would be in the best interest of the child.

history: (History: Amended by Stats. 2018, Ch. 876, Sec. 46. (AB 2684) Effective January 1, 2019.)


text: Notwithstanding any other provision of law, bills for pregnancy, childbirth, and genetic testing shall be admissible as evidence without third-party foundation testimony and shall constitute prima facie evidence of costs incurred for those services.

history: (History: Added by Stats. 1997, Ch. 599, Sec. 44. Effective January 1, 1998.)


citation: FAM § 7605

text:
(a) In any proceeding to establish physical or legal custody of a child or a visitation order under this part, and in any proceeding subsequent to entry of a related judgment, the court shall ensure that each party has access to legal representation to preserve each party’s rights by ordering, if necessary based on the income and needs assessments, one party, except a government entity, to pay to the other party, or to the other party’s attorney, whatever amount is reasonably necessary for attorney’s fees and for the cost of maintaining or defending the proceeding during the pendency of the proceeding.

(b) When a request for attorney’s fees and costs is made under this section, the court shall make findings on whether an award of attorney’s fees and costs is appropriate, whether there is a disparity in access to funds to retain counsel, and whether one party is able to pay for legal representation of both parties. If the findings demonstrate disparity in access and ability to pay, the court shall make an order awarding attorney’s fees and costs. A party who lacks the financial ability to hire an attorney may request, as an in pro per litigant, that the court order the other party, if that other party has the financial ability, to pay a reasonable amount to allow the unrepresented party to retain an attorney in a timely manner before proceedings in the matter go forward.

(c) Attorney’s fees and costs within this section may be awarded for legal services rendered or costs incurred before or after the commencement of the proceeding.

(d) The court shall augment or modify the original award for attorney’s fees and costs as may be reasonably necessary for the prosecution or defense of a proceeding described in subdivision (a), or any proceeding related thereto, including after any appeal has been concluded.

(e) Except as provided in subdivision (f), an application for a temporary order making, augmenting, or modifying an award of attorney’s fees, including a reasonable retainer to hire an attorney, or costs, or both, shall be made by motion on notice or by an order to show cause during the pendency of any proceeding described in subdivision (a).

(f) The court shall rule on an application for fees under this section within 15 days of the hearing on the motion or order to show cause. An order described in subdivision (a) may be made without notice by an oral motion in open court at either of the following times:

(1) At the time of the hearing of the cause on the merits.

(2) At any time before entry of judgment against a party whose default has been entered pursuant to Section 585 or 586 of the Code of Civil Procedure. The court shall rule on any motion made pursuant to this subdivision within 15 days and prior to the entry of any judgment.

history: (History: Amended by Stats. 2012, Ch. 107, Sec. 3. (AB 1406) Effective January 1, 2013.)


citation: FAM § 7606

text:
As used in this part, the following definitions shall apply:

(a) “Assisted reproduction” means conception by any means other than sexual intercourse.

(b) “Assisted reproduction agreement” means a written contract that includes a person who intends to be the legal parent of a child or children born through assisted reproduction and that defines the terms of the relationship between the parties to the contract.

history: (History: Added by Stats. 2006, Ch. 806, Sec. 1. Effective January 1, 2007.)


citation: FAM § 7610

text:
The parent and child relationship may be established as follows:

(a) Between a child and the natural parent, it may be established by proof of having given birth to the child, or under this part.

(b) Between a child and an adoptive parent, it may be established by proof of adoption.

history: (History: Amended by Stats. 2013, Ch. 510, Sec. 2. (AB 1403) Effective January 1, 2014.)

path: 12. PARENT AND CHILD RELATIONSHIP > 3. UNIFORM PARENTAGE ACT > 2. Establishing Parent and Child Relationship


citation: FAM § 7611

text:
A person is presumed to be the natural parent of a child if the person meets the conditions provided in Chapter 1 (commencing with Section 7540) or Chapter 3 (commencing with Section 7570) of Part 2 or in any of the following subdivisions:

(a) The presumed parent and the child’s natural mother are, or have been, married to each other and the child is born during the marriage, or within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce, or after a judgment of separation is entered by a court.

(b) Before the child’s birth, the presumed parent and the child’s natural mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and either of the following is true:

(1) If the attempted marriage could be declared invalid only by a court, the child is born during the attempted marriage, or within 300 days after its termination by death, annulment, declaration of invalidity, or divorce.

(2) If the attempted marriage is invalid without a court order, the child is born within 300 days after the termination of cohabitation.

(c) After the child’s birth, the presumed parent and the child’s natural mother have married, or attempted to marry, each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and either of the following is true:

(1) With the presumed parent’s consent, the presumed parent is named as the child’s parent on the child’s birth certificate.

(2) The presumed parent is obligated to support the child under a written voluntary promise or by court order.

(d) The presumed parent receives the child into their home and openly holds out the child as their natural child.

(e) The child is in utero after the death of the decedent and the conditions set forth in Section 249.5 of the Probate Code are satisfied.

history: (History: Amended by Stats. 2019, Ch. 115, Sec. 87. (AB 1817) Effective January 1, 2020.)

chapter: 2. Establishing Parent and Child Relationship


text:
Where Section 7611 does not apply, a man shall not be presumed to be the natural father of a child if either of the following is true:

(a) The child was conceived as a result of an act in violation of Section 261 of the Penal Code and the father was convicted of that violation.

(b) The child was conceived as a result of an act in violation of Section 261.5 of the Penal Code, the father was convicted of that violation, and the mother was under the age of 15 years and the father was 21 years of age or older at the time of conception.

history: (History: Added by Stats. 1993, Ch. 219, Sec. 177. Effective January 1, 1994.)


citation: FAM § 7612

text:
(a) Except as provided in Chapter 1 (commencing with Section 7540) and Chapter 3 (commencing with Section 7570) of Part 2, a presumption under Section 7611 is a rebuttable presumption affecting the burden of proof and may be rebutted in an appropriate action only by clear and convincing evidence.

(b) If two or more presumptions arise under Section 7611 that conflict with each other, or if one or more presumptions under Section 7611 conflict with a claim by a person identified as a genetic parent pursuant to Section 7555, the presumption that on the facts is founded on the weightier considerations of policy and logic controls. If one of the presumed parents is also a presumed parent under Section 7540, the presumption arising under Section 7540 may only be rebutted pursuant to Section 7541.

(c) In an appropriate action, a court may find that more than two persons with a claim to parentage under this division are parents if the court finds that recognizing only two parents would be detrimental to the child. In determining detriment to the child, the court shall consider all relevant factors, including, but not limited to, the harm of removing the child from a stable placement with a parent who has fulfilled the child’s physical needs and the child’s psychological needs for care and affection, and who has assumed that role for a substantial period of time. A finding of detriment to the child does not require a finding of unfitness of any of the parents or persons with a claim to parentage.

(d) Unless a court orders otherwise after making the determination specified in subdivision (c), a presumption under Section 7611 is rebutted by a judgment establishing parentage of the child by another person.

(e) A person’s offer or refusal to sign a voluntary declaration of parentage may be considered as a factor, but shall not be determinative, as to the issue of legal parentage in a proceeding regarding the establishment or termination of parental rights.

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

history: (History: Repealed and added by Stats. 2018, Ch. 876, Sec. 48. (AB 2684) Effective January 1, 2019. Section operative January 1, 2020, by its own provisions.)


citation: FAM § 7613

text:
(a) (1) If a woman conceives through assisted reproduction with semen or ova or both donated by a donor who is not the woman’s spouse, with the consent of another intended parent, that intended parent is treated in law as if that intended parent is the natural parent of a child thereby conceived. The other intended parent’s consent shall be in writing and signed by the other intended parent and the woman conceiving through assisted reproduction.

(2) Failure to consent in writing, as required by paragraph (1), does not preclude the court from finding that the intended parent consented if the court finds by clear and convincing evidence that, prior to the conception of the child, the woman and the intended parent had an oral agreement that the woman and the intended parent would both be parents of the child.

(b) (1) The donor of semen provided to a licensed physician and surgeon or to a licensed sperm bank for use in assisted reproduction by a woman other than the donor’s spouse is treated in law as if the donor is not the natural parent of a child thereby conceived, unless the donor and the woman signed a written agreement before the conception of the child, that the donor would be a parent.

(2) If the semen is not provided to a licensed physician and surgeon or a licensed sperm bank as specified in paragraph (1), the donor of semen for use in assisted reproduction by a woman other than the donor’s spouse is treated in law as if the donor is not the natural parent of a child thereby conceived if either of the following are met:

(A) The donor and the woman signed a written agreement before conception that the donor would not be a parent.

(B) A court finds by clear and convincing evidence that the child was conceived through assisted reproduction and that, prior to the conception of the child, the woman and the donor had an oral agreement that the donor would not be a parent.

(c) A person providing ova for use in assisted reproduction by a person other than the provider’s spouse or nonmarital partner is treated in law as if the provider is not the natural parent of a child thereby conceived unless the court finds satisfactory evidence that the provider of the ova, and each recipient, intended for that provider to have parental rights.

(d) (1) A provider of an embryo for use in assisted reproduction to an intended parent who is not the provider’s spouse or nonmarital partner is treated in law as if the provider is not the natural parent of a child thereby conceived unless the court finds satisfactory evidence that the provider and the intended parent intended for the provider to be a parent.

(2) If the provider of ova, semen, or embryos is not the original source of the ova or sperm, each original provider’s written consent to the donation is required unless that person has executed a writing to consent to the donation, or to waive or relinquish their right to the genetic material, or as otherwise ordered by a court of law.

(e) (1) Notwithstanding any other law, persons who are not married to one another and who share legal control over the disposition of embryos shall not be prevented from entering into a written agreement whereby one person renounces all legal interest in the embryos, with the specific intent that the person renouncing all legal interest shall not be a legal parent of any child conceived with use of the embryos, despite any prior oral or written agreements, or legal judgments to the contrary. After that interest has been renounced in a writing signed by all persons with legal interest in or control over disposition of the embryos, the renouncing person shall be treated in law as a donor, and not a legal parent. Upon execution of that agreement, the person who retains legal interest in and control over disposition of the embryos shall have the sole right to determine the use and disposition of the embryos, including the right to attempt conception of a child, subject to any limitation pursuant to paragraph (2) of subdivision (d). Either party may file the agreement with the court, and the court shall issue an order establishing the nonparentage of the donor.

(2) If persons who share legal control over and interest in one or more embryos are married to one another at the time of signing the agreement, the agreement shall only become legally binding upon the court’s entry of a final decree of dissolution that incorporates the agreement, after which the presumptions pursuant to Section 7540 or subdivisions (a), (b), or (c) of Section 7611 shall not apply.

history: (History: Amended by Stats. 2023, Ch. 851, Sec. 5. (AB 1650) Effective January 1, 2024.)


text:
(a) An intended parent may, but is not required to, use the forms set forth in this section to demonstrate the intent to be a legal parent of a child conceived through assisted reproduction. These forms shall satisfy the writing requirement specified in Section 7613, and are designed to provide clarity regarding the intentions, at the time of conception, of intended parents using assisted reproduction. These forms do not affect any presumptions of parentage based on Section 7611, and do not preclude a court from considering any other claims to parentage under California statute or case law.

(b) These forms apply only in very limited circumstances. Please read the forms carefully to see if you qualify for use of the forms.

(c) These forms do not apply to assisted reproduction agreements for gestational carriers or surrogacy agreements.

(d) This section does not require the use of one of these forms to satisfy the writing requirement of Section 7613.

(e) The following are the optional California Statutory Forms for Assisted Reproduction:California Statutory Forms for Assisted Reproduction, Form 1:Two Married or Unmarried People Using Assisted Reproduction to Conceive a ChildUse this form if: You and another intended parent, who may be your spouse or registered domestic partner, are conceiving a child through assisted reproduction using sperm and/or egg donation; and one of you will be giving birth.WARNING: Signing this form does not terminate the parentage claim of a sperm donor. A sperm donor’s claim to parentage is terminated if the sperm is provided to a licensed physician and surgeon or to a licensed sperm bank prior to insemination, or if you conceive without having sexual intercourse and you have a written agreement signed by you and the donor that you will conceive using assisted reproduction and do not intend for the donor to be a parent, as required by Section 7613(b) of the Family Code.The laws about parentage of a child are complicated. You are strongly encouraged to consult with an attorney about your rights. Even if you do not fill out this form, a spouse or domestic partner of the parent giving birth is presumed to be a legal parent of any child born during the marriage or domestic partnership.This form demonstrates your intent to be parents of the child you plan to conceive through assisted reproduction using sperm and/or egg donation.I, ____________________ (print name of person not giving birth), intend to be a parent of a child that ____________________ (print name of person giving birth) will or has conceived through assisted reproduction using sperm and/or egg donation. I consent to the use of assisted reproduction by the person who will give birth. I INTEND to be a parent of the child conceived.SIGNATURESIntended parent who will give birth: ___________________ (print name)________________________ (signature) ____________(date)Intended parent who will not give birth: ____________ (print name)_________________________ (signature) ___________(date)NOTARY ACKNOWLEDGMENTState of CaliforniaCounty of )On before me, (insert name and title of the officer)personally appeared ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.WITNESS my hand and official seal.Signature(Seal)California Statutory Forms for Assisted Reproduction, Form 2:Unmarried, Intended Parents Using Intended Parent’s Sperm to Conceive a ChildUse this form if: (1) Neither you or the other person are married or in a registered domestic partnership (including a registered domestic partnership or civil union from another state); (2) one of you will give birth to a child conceived through assisted reproduction using the intended parent’s sperm; and (3) you both intend to be parents of that child.Do not use this form if you are conceiving using a surrogate.WARNING: If you do not sign this form, or a similar agreement, you may be treated as a sperm donor if you conceive without having sexual intercourse according to Section 7613(b) of the Family Code.The laws about parentage of a child are complicated. You are strongly encouraged to consult with an attorney about your rights.This form demonstrates your intent to be parents of the child you plan to conceive through assisted reproduction using sperm donation.I, ____________________ (print name of parent giving birth), plan to use assisted reproduction with another intended parent who is providing sperm to conceive the child. I am not married and am not in a registered domestic partnership (including a registered domestic partnership or civil union from another jurisdiction), and I INTEND for the person providing sperm to be a parent of the child to be conceived.I, ____________________ (print name of parent providing sperm), plan to use assisted reproduction to conceive a child using my sperm with the parent giving birth. I am not married and am not in a registered domestic partnership (including a registered domestic partnership or civil union from another jurisdiction), and I INTEND to be a parent of the child to be conceived.SIGNATURESIntended parent giving birth: ___________________ (print name)________________________ (signature) ____________(date)Intended parent providing sperm: ____________ (print name)_________________________ (signature) ___________(date)NOTARY ACKNOWLEDGMENTState of CaliforniaCounty of )On before me, (insert name and title of the officer)personally appeared ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.WITNESS my hand and official seal.Signature(Seal)California Statutory Forms for Assisted Reproduction, Form 3:Intended Parents Conceiving a Child Using Eggs from One Parent and the Other Parent Will Give BirthUse this form if: You are conceiving a child using the eggs from one of you and the other person will give birth to the child; (2) and you both intend to be parents to that child.Do not use this form if you are conceiving using a surrogate.WARNING: Signing this form does not terminate the parentage claim of a sperm donor. A sperm donor’s claim to parentage is terminated if the sperm is provided to a licensed physician and surgeon or to a licensed sperm bank prior to insemination, or if you conceive without having sexual intercourse and you have a written agreement signed by you and the donor that you will conceive using assisted reproduction and do not intend for the donor to be a parent, as required by Section 7613(b) of the Family Code.The laws about parentage of a child are complicated. You are strongly encouraged to consult with an attorney about your rights.This form demonstrates your intent to be parents of the child you plan to conceive through assisted reproduction using eggs from one parent and the other parent will give birth to the child.I, ____________________ (print name of parent giving birth), plan to use assisted reproduction to conceive and give birth to a child with another person who will provide eggs to conceive the child. I INTEND for the person providing eggs to be a parent of the child to be conceived.I, ____________________ (print name of parent providing eggs), plan to use assisted reproduction to conceive a child with another person who will give birth to the child conceived using my eggs. I INTEND to be a parent of the child to be conceived.SIGNATURESIntended parent giving birth: ___________________ (print name)________________________ (signature) ____________(date)Intended parent providing eggs: ____________ (print name)_________________________ (signature) ___________(date)NOTARY ACKNOWLEDGMENTState of CaliforniaCounty of )On before me, (insert name and title of the officer)personally appeared ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.WITNESS my hand and official seal.Signature(Seal)California Statutory Forms for Assisted Reproduction, Form 4:Intended Parent(s) Using a Known Sperm and/or Egg Donor(s) to Conceive a ChildUse this form if: You are using a known sperm and/or egg donor(s), or embryo donation, to conceive a child and you do not intend for the donor(s) to be a parent.Do not use this form if you are conceiving using a surrogate.If you do not sign this form or a similar agreement, your sperm donor may be treated as a parent unless the sperm is provided to a licensed physician and surgeon or to a licensed sperm bank prior to insemination, or a court finds by clear and convincing evidence that you planned to conceive through assisted reproduction and did not intend for the donor to be a parent, as required by Section 7613(b) of the Family Code. If you do not sign this form or a similar agreement, your egg donor may be treated as a parent unless a court finds that there is satisfactory evidence that you planned to conceive through assisted reproduction and did not intend for the donor to be a parent, as required by Section 7613(c) of the Family Code.The laws about parentage of a child are complicated. You are strongly encouraged to consult with an attorney about your rights.This form demonstrates your intent that your sperm and/or egg or embryo donor(s) will not be a parent or parents of the child you plan to conceive through assisted reproduction.I, ____________________ (print name of parent giving birth), plan to use assisted reproduction to conceive using a sperm and/or egg donor(s) or embryo donation, and I DO NOT INTEND for the sperm and/or egg or embryo donor(s) to be a parent of the child to be conceived.(If applicable) I, ____________________ (print name of sperm donor), plan to donate my sperm to____________________ (print name of parent giving birth and second parent if applicable). I am not married to and am not in a registered domestic partnership (including a registered domestic partnership or a civil union from another jurisdiction) with ____________________ (print name of parent giving birth), and I DO NOT INTEND to be a parent of the child to be conceived.(If applicable) I, ____________________ (print name of egg donor), plan to donate my ova to____________________ (print name of parent giving birth and second parent if applicable). I am not married to and am not in a registered domestic partnership (including a registered domestic partnership or a civil union from another jurisdiction) with ____________________ (print name of parent giving birth), or any intimate and nonmarital relationship with ____________________ (print name of parent giving birth) and I DO NOT INTEND to be a parent of the child to be conceived.(If applicable) I, ____________________ (print name of intended parent not giving birth), INTEND to be a parent of the child that____________________ (print name of parent giving birth) will conceive through assisted reproduction using sperm and/or egg donation and I DO NOT INTEND for the sperm and/or egg or embryo donor(s) to be a parent. I consent to the use of assisted reproduction by the person who will give birth.SIGNATURESIntended parent giving birth: ___________________ (print name)________________________ (signature) ____________(date)(If applicable) Sperm Donor: ___________________ (print name)________________________ (signature) ____________(date)(If applicable) Egg Donor: ___________________ (print name)________________________ (signature) ____________(date)(If applicable) Intended parent not giving birth: ____________ (print name)_________________________ (signature) ___________(date)NOTARY ACKNOWLEDGMENTState of CaliforniaCounty of )On before me, (insert name and title of the officer)personally appeared ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.WITNESS my hand and official seal.Signature(Seal)

history: (History: Amended by Stats. 2019, Ch. 115, Sec. 89. (AB 1817) Effective January 1, 2020.)


citation: FAM § 7614

text:
(a) A promise in writing to furnish support for a child, growing out of a presumed parent or alleged father and child relationship, does not require consideration and, subject to Section 7632, is enforceable according to its terms.

(b) In the best interest of the child or the other parent, the court may, and upon the promisor’s request shall, order the promise to be kept in confidence and designate a person or agency to receive and disburse on behalf of the child all amounts paid in performance of the promise.

history: (History: Amended by Stats. 2013, Ch. 510, Sec. 6. (AB 1403) Effective January 1, 2014.)


citation: FAM § 7620

text:
(a) A person who has sexual intercourse or causes conception with the intent to become a legal parent by assisted reproduction in this state, or who enters into an assisted reproduction agreement for gestational carriers in this state, thereby submits to the jurisdiction of the courts of this state as to an action brought under this part with respect to a child who may have been conceived by that act of intercourse or assisted reproduction, or who may have been conceived as a result of that assisted reproduction agreement.

(b) If a child is conceived pursuant to an assisted reproduction agreement for gestational carriers, as defined in Section 7960 and as described in Section 7962, the courts of this state shall have jurisdiction over a proceeding to determine parentage of the child if any of the following conditions is satisfied:

(1) One or more of the parties to the assisted reproduction agreement for gestational carriers resides in this state, or resided in this state at the time the assisted reproduction agreement for gestational carriers was executed.

(2) The medical procedures leading to conception, including in vitro fertilization or embryo transfer, or both, were carried out in this state.

(3) The child is born in this state.

(c) An action under this part shall be brought in one of the following:

(1) The county in which the child resides or is found.

(2) If the child is the subject of a pending or proposed adoption, any county in which a licensed California adoption agency to which the child has been relinquished or is proposed to be relinquished maintains an office.

(3) If the child is the subject of a pending or proposed adoption, the county in which an office of the department or a public adoption agency investigating the petition is located.

(4) If the parent is deceased, the county in which proceedings for probate of the estate of the parent of the child have been or could be commenced.

(5) If the child was conceived pursuant to an assisted reproduction agreement for gestational carriers, any county described in subdivision (e) of Section 7962.

history: (History: Amended by Stats. 2016, Ch. 385, Sec. 3. (AB 2349) Effective January 1, 2017.)

chapter: 3. Jurisdiction and Venue

path: 12. PARENT AND CHILD RELATIONSHIP > 3. UNIFORM PARENTAGE ACT > 3. Jurisdiction and Venue


citation: FAM § 7630

text:
(a) A child, the child’s natural mother, a person presumed to be the child’s parent under subdivision (a), (b), or (c) of Section 7611, a person seeking to be adjudicated as a parent or donor under Section 7613, an adoption agency to whom the child has been relinquished, or a prospective adoptive parent of the child may bring an action as follows:

(1) At any time for the purpose of declaring the existence of the parent and child relationship presumed under subdivision (a), (b), or (c) of Section 7611, or established pursuant to Section 7613.

(2) For the purpose of declaring the nonexistence of the parent and child relationship presumed under subdivision (a), (b), or (c) of Section 7611 only if the action is brought within a reasonable time after obtaining knowledge of relevant facts. After the presumption has been rebutted, parentage of the child by another person may be determined in the same action, if that person has been made a party.

(3) At any time for the purpose of declaring the nonexistence of the parent and child relationship of a donor under Section 7613.

(b) Any interested party may bring an action at any time for the purpose of determining the existence or nonexistence of the parent and child relationship presumed under subdivision (d) or (e) of Section 7611.

(c) Except as to cases coming within Chapter 1 (commencing with Section 7540) of Part 2 or when paragraph (2) of subdivision (a) applies, an action to determine parentage may be brought by the child, a personal representative of the child, the Department of Child Support Services, a presumed parent or the personal representative or a parent of that presumed parent if that parent has died or is a minor, or, when the natural mother is the only presumed parent or an action under Section 300 of the Welfare and Institutions Code or adoption is pending, a man alleged or claiming to be the father or the personal representative or a parent of the alleged father if the alleged father has died or is a minor.

(d) (1) If a proceeding has been filed under Chapter 2 (commencing with Section 7820) of Part 4, an action under subdivision (a) or (b) shall be consolidated with that proceeding. The parental rights of the presumed parent shall be determined as set forth in Sections 7820 to 7829, inclusive.

(2) If a proceeding pursuant to Section 7662 has been filed under Chapter 5 (commencing with Section 7660), an action under subdivision (c) shall be consolidated with that proceeding. The parental rights of the alleged father shall be determined as set forth in Section 7664.

(3) The consolidated action under paragraph (1) or (2) shall be heard in the court in which the proceeding under Section 7662 or Chapter 2 (commencing with Section 7820) of Part 4 is filed, unless the court finds, by clear and convincing evidence, that transferring the action to the other court poses a substantial hardship to the petitioner. Mere inconvenience does not constitute a sufficient basis for a finding of substantial hardship. If the court determines there is a substantial hardship, the consolidated action shall be heard in the court in which the parentage action is filed.

(e) (1) If a prospective adoptive parent who has physical custody of the child, a licensed California adoption agency that has legal custody of the child or to which the mother proposes to relinquish the child for adoption, or a person whom the mother has designated as the prospective adoptive parent in a written statement executed before a hospital social worker, an adoption service provider, an adoption agency representative, or a notary public, has not been joined as a party to an action to determine the existence of a parent and child relationship under subdivision (a), (b), or (c), or an action for custody by a person claiming to be a parent under this division, the court shall join the prospective adoptive parent or licensed California adoption agency as a party upon application or on its own motion, without the necessity of a motion for joinder. A joined party shall not be required to pay a fee in connection with this action.

(2) If a person brings an action to determine parentage and custody of a child who the person has reason to believe is in the physical or legal custody of an adoption agency, or of one or more persons other than the child’s parent who are prospective adoptive parents, the person shall serve the entire pleading on, and give notice of all proceedings to, the adoption agency or the prospective adoptive parents, or both.

(f) A party to an assisted reproduction agreement may bring an action at any time to establish a parent and child relationship consistent with the intent expressed in that assisted reproduction agreement.

(g) (1) In an action to determine the existence of the parent and child relationship brought pursuant to subdivision (b), if the child’s other parent has died and there are no existing court orders or pending court actions involving custody or guardianship of the child, then the persons having physical custody of the child shall be served with notice of the proceeding at least 15 days prior to the hearing, either by mail or in a manner authorized by the court. If a person identified as having physical custody of the child cannot be located, the court shall prescribe the manner of giving notice.

(2) If known to the person bringing the parentage action, relatives within the second degree of the child shall be given notice of the proceeding at least 15 days prior to the hearing, either by mail or in a manner authorized by the court. If a person identified as a relative of the second degree of the child cannot be located, or the relative’s whereabouts are unknown or cannot be ascertained, the court shall prescribe the manner of giving notice, or shall dispense with giving notice to that person.

(3) Proof of notice pursuant to this subdivision shall be filed with the court before the proceeding to determine the existence of the parent and child relationship is heard.

history: (History: Amended by Stats. 2021, Ch. 124, Sec. 28. (AB 938) Effective January 1, 2022.)

path: 12. PARENT AND CHILD RELATIONSHIP > 3. UNIFORM PARENTAGE ACT > 4. Determination of Parent and Child Relationship > 1. Determination of Parent and Child Relationship


citation: FAM § 7632

text: Regardless of its terms, an agreement between an alleged father or a presumed parent and the other parent or child does not bar an action under this chapter.

history: (History: Amended by Stats. 2013, Ch. 510, Sec. 9. (AB 1403) Effective January 1, 2014.)

chapter: 4. Determination of Parent and Child Relationship

article: 1. Determination of Parent and Child Relationship


citation: FAM § 7633

text: An action under this chapter may be brought, an order or judgment may be entered before the birth of the child, and enforcement of that order or judgment shall be stayed until the birth of the child.

history: (History: Amended by Stats. 2006, Ch. 806, Sec. 4. Effective January 1, 2007.)


citation: FAM § 7634

text:
(a) The local child support agency may, in the local child support agency’s discretion, bring an action under this chapter in any case in which the local child support agency believes it to be appropriate.

(b) The Department of Child Support Services may review the current practices of service of process used by the local child support agencies pursuant to subdivision (a), and may develop methods to increase the number of persons served using personal delivery.

history: (History: Amended by Stats. 2004, Ch. 849, Sec. 2. Effective January 1, 2005.)


citation: FAM § 7635

text:
(a) The child may, if under the age of 12 years, and shall, if 12 years of age or older, be made a party to the action. If the child is a minor and a party to the action, the child shall be represented by a guardian ad litem appointed by the court. The guardian ad litem need not be represented by counsel if the guardian ad litem is a relative of the child.

(b) A natural parent, each person presumed to be a parent under Section 7611 or 7540, each person who is a parent of the child under Section 7613 or 7962, and each person alleged to be the genetic parent unless precluded under this division from establishing parentage based on genetic testing, shall be given notice of the action in the manner prescribed in Section 7666 and an opportunity to be heard, and shall be made a party if they request to be joined. Appointment of a guardian ad litem shall not be required for a minor who is a parent of the child who is the subject of the petition to establish parental relationship, unless the minor parent is unable to understand the nature of the proceedings or to assist counsel in preparing the case.

(c) The court may align the parties.

(d) In any initial or subsequent proceeding under this chapter where custody of, or visitation with, a minor child is in issue, the court may, if it determines it would be in the best interest of the minor child, appoint private counsel to represent the interests of the minor child pursuant to Chapter 10 (commencing with Section 3150) of Part 2 of Division 8.

history: (History: Amended by Stats. 2018, Ch. 876, Sec. 52. (AB 2684) Effective January 1, 2019.)


text: In any action brought pursuant to this article, if the alleged father is present in court for the action, the court shall inform the alleged father of the alleged father’s right to have genetic testing performed to determine the biological parentage of the child. The court shall further inform the alleged father of the alleged father’s right to move to set aside or vacate a judgment of parentage pursuant to Section 7646 within two years of the date notice of the action to establish parentage is received, and that after that time has expired the alleged father may not move to set aside or vacate the judgment of parentage, regardless of whether genetic testing shows the alleged father not to be the biological father of the child.

history: (History: Amended by Stats. 2019, Ch. 115, Sec. 91. (AB 1817) Effective January 1, 2020.)


citation: FAM § 7636

text: The judgment or order of the court determining the existence or nonexistence of the parent and child relationship is determinative for all purposes except for actions brought pursuant to Section 270 of the Penal Code.

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


citation: FAM § 7637

text: The judgment or order may contain any other provision directed against the appropriate party to the proceeding, concerning the duty of support, the custody and guardianship of the child, visitation privileges with the child, the furnishing of bond or other security for the payment of the judgment, or any other matter in the best interest of the child. The judgment or order may direct the parent to pay the reasonable expenses of the mother’s pregnancy and confinement.

history: (History: Amended by Stats. 2013, Ch. 510, Sec. 11. (AB 1403) Effective January 1, 2014.)


citation: FAM § 7638

text: The procedure in an action under this part to change the name of a minor or adult child for whom a parent and child relationship is established pursuant to Section 7636, upon application in accordance with Title 8 (commencing with Section 1275) of Part 3 of the Code of Civil Procedure shall conform to those provisions, except that the application for the change of name may be included with the petition filed under this part and except as provided in Sections 1277 and 1278 of the Code of Civil Procedure.


citation: FAM § 7639

text: If the judgment or order of the court is at variance with the child’s birth certificate, the court shall order that a new birth certificate be issued as prescribed in Article 2 (commencing with Section 102725) of Chapter 5 of Part 1 of Division 102 of the Health and Safety Code.

history: (History: Amended by Stats. 1996, Ch. 1023, Sec. 48. Effective September 29, 1996.)


citation: FAM § 7640

text: The court may order reasonable fees of counsel, experts, and the child’s guardian ad litem, and other costs of the action and pretrial proceedings, including genetic testing, to be paid by the parties, excluding any governmental entity, in proportions and at times determined by the court. The court may apply the standards set forth in Sections 2032 and 7605 in making this determination.

history: (History: Amended by Stats. 2018, Ch. 876, Sec. 53. (AB 2684) Effective January 1, 2019.)


citation: FAM § 7641

text:
(a) If there is a voluntary declaration of paternity in place, or parentage or a duty of support has been acknowledged or adjudicated under this part or under prior law, the obligation of the parent may be enforced in the same or other proceedings by any of the following:

(1) The other parent.

(2) The child.

(3) The public authority that has furnished or may furnish the reasonable expenses of pregnancy, confinement, education, support, or funeral.

(4) Any other person, including a private agency, to the extent the person has furnished or is furnishing these expenses.

(b) The court may order support payments to be made to any of the following:

(1) The other parent.

(2) The clerk of the court.

(3) A person, corporation, or agency designated to administer the payments for the benefit of the child under the supervision of the court.

(c) Willful failure to obey the judgment or order of the court is a civil contempt of the court. All remedies for the enforcement of judgments, including imprisonment for contempt, apply.

history: (History: Amended by Stats. 2013, Ch. 510, Sec. 12. (AB 1403) Effective January 1, 2014.)


citation: FAM § 7642

text: The court has continuing jurisdiction to modify or set aside a judgment or order made under this part. A judgment or order relating to an adoption may only be modified or set aside in the same manner and under the same conditions as an order of adoption may be modified or set aside under Section 9100 or 9102.

history: (History: Amended by Stats. 1999, Ch. 653, Sec. 11. Effective January 1, 2000.)


citation: FAM § 7643

text:
(a) Notwithstanding any other law concerning public hearings and records, a hearing or trial held under this part may be held in closed court without admittance of any person other than those necessary to the action or proceeding. Except as provided in subdivision (b), all papers and records, other than the final judgment, pertaining to the action or proceeding, whether part of the permanent record of the court or of a file in a public agency or elsewhere, are subject to inspection and copying only in exceptional cases upon an order of the court for good cause shown.

(b) (1) Papers and records pertaining to the action or proceeding that are part of the permanent record of the court are subject to inspection and copying by the parties to the action, their attorneys, and by agents acting pursuant to written authorization from the parties to the action or their attorneys. An attorney shall obtain the consent of the party to the action before authorizing an agent to inspect and copy the permanent record. An attorney shall also state on the written authorization that the attorney has obtained the consent of the party to authorize an agent to inspect and copy the permanent record.

(2) For purposes of establishing parentage and establishing and enforcing child support orders, papers and records pertaining to the action or proceeding that are part of the permanent record of the court are subject to inspection and copying by any local child support agency, as defined in subdivision (h) of Section 17000.

(c) This section applies only to actions filed before January 1, 2023.

history: (History: Amended by Stats. 2022, Ch. 420, Sec. 19. (AB 2960) Effective January 1, 2023.)


text:
(a) Notwithstanding any other law concerning public hearings and records, a hearing or trial held under this part for an action filed on or after January 1, 2023, under Section 7613, subdivision (f) of Section 7630, or Part 7 (commencing with Section 7960), may be held in closed court without admittance of any person other than those necessary to the action or proceeding. Except as provided in subdivision (b), all papers and records, other than the final judgment, pertaining to the action or proceeding, whether part of the permanent record of the court or of a file in a public agency or elsewhere, are subject to inspection and copying only in exceptional cases upon an order of the court for good cause shown.

(b) (1) Papers and records pertaining to the action or proceeding that are part of the permanent record of the court are subject to inspection and copying by the parties to the action, their attorneys, and by agents acting pursuant to written authorization from the parties to the action or their attorneys. An attorney shall obtain the consent of the party to the action before authorizing an agent to inspect and copy the permanent record. An attorney shall also state on the written authorization that the attorney has obtained the consent of the party to authorize an agent to inspect and copy the permanent record.

(2) For purposes of establishing parentage and establishing and enforcing child support orders, papers and records pertaining to the action or proceeding that are part of the permanent record of the court are subject to inspection and copying by any local child support agency, as defined in subdivision (h) of Section 17000.

(c) On or before January 1, 2023, the Judicial Council shall create a new form or modify an existing form, as it deems appropriate, that requires a party initiating an action or proceeding filed under Section 7613, subdivision (f) of Section 7630, or Part 7 (commencing with Section 7960) to designate the action or proceeding as filed under the identified statutory provision.

(d) Notwithstanding Section 4, this section shall apply to all actions filed before January 1, 2023.

history: (History: Amended by Stats. 2022, Ch. 420, Sec. 20. (AB 2960) Effective January 1, 2023.)


citation: FAM § 7644

text:
(a) Notwithstanding any other law, an action for child custody and support and for other relief as provided in Section 7637 may be filed based upon a voluntary declaration of parentage as provided in Chapter 3 (commencing with Section 7570) of Part 2.

(b) Except as provided in Section 7581, the voluntary declaration of parentage shall be given the same force and effect as a judgment of parentage entered by a court of competent jurisdiction. The court shall make appropriate orders as specified in Section 7637 based upon the voluntary declaration of parentage unless evidence is presented that the voluntary declaration of parentage has been rescinded by the parties, set aside as provided in Section 7575, 7576, or 7577, or is void under Section 7573.5.

(c) The Judicial Council shall develop the forms and procedures necessary to implement this section.

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

history: (History: Repealed and added by Stats. 2018, Ch. 876, Sec. 55. (AB 2684) Effective January 1, 2019. Section operative January 1, 2020, by its own provisions.)


citation: FAM § 7645

text:
For purposes of this article, the following definitions shall apply:

(a) “Child” means the child of a previously established father or mother, as determined by the superior court in a judgment that is the subject of a motion brought pursuant to this article, or as a matter of law.

(b) “Judgment” means a judgment, order, or decree entered in a court of this state that establishes parentage, including a determination of parentage made pursuant to a petition filed under Section 300, 601, or 602 of the Welfare and Institutions Code. For purposes of this article, “judgment” does not include a judgment in any action for marital dissolution, legal separation, or nullity.

(c) “Previously established father” means a person identified as the father of a child in a judgment that is the subject of a motion brought pursuant to this article.

(d) “Previously established mother” means a person identified as the mother of a child in a judgment that is the subject of a motion brought pursuant to this article.

history: (History: Amended by Stats. 2018, Ch. 876, Sec. 57. (AB 2684) Effective January 1, 2019.)

path: 12. PARENT AND CHILD RELATIONSHIP > 3. UNIFORM PARENTAGE ACT > 4. Determination of Parent and Child Relationship > 1.5. Setting Aside or Vacating Judgment of Parentage


citation: FAM § 7646

text:
(a) Notwithstanding any other law, a judgment establishing parentage may be set aside or vacated upon a motion by a previously established parent, the child, or the legal representative of any of these persons if genetic testing indicates that the previously established father of a child is not the genetic father of the child. The motion shall be brought within one of the following time periods:

(1) Within a two-year period commencing with the date on which the previously established father knew or should have known of a judgment that established the father’s parentage of the child or commencing with the date the previously established father knew or should have known of the existence of an action to adjudicate the issue of parentage, whichever is first, except as provided in paragraph (2).

(2) In the case of a previously established father who is the legal father as a result of a default judgment as of the effective date of this section, within a two-year period from January 1, 2005, to December 31, 2006, inclusive.

(b) Subdivision (a) does not apply if the child is presumed to be a child of a marriage pursuant to Section 7540, the previously established parent is a parent under Section 7613 or 7962, or the action is barred by paragraph (2) of subdivision (a) of Section 7630.

(c) Reconsideration of a motion brought under paragraph (3) of subdivision (a) may be requested and granted if the following requirements are met:

(1) The motion was filed with the court between September 24, 2006, and December 31, 2006, inclusive.

(2) The motion was denied solely on the basis that it was untimely.

(3) The request for reconsideration of the motion is filed on or before December 31, 2009.

history: (History: Amended by Stats. 2019, Ch. 115, Sec. 93. (AB 1817) Effective January 1, 2020.)

article: 1.5. Setting Aside or Vacating Judgment of Parentage


citation: FAM § 7647

text:
(a) A court may grant a motion to set aside or vacate a judgment establishing parentage only if all of the following conditions are met:

(1) The motion is filed in a court of proper venue.

(2) The motion contains, at a minimum, all of the following information, if known:

(A) The legal name, age, county of residence, and residence address of the child.

(B) The names, mailing addresses, and counties of residence, or, if deceased, the date and place of death, of the following persons:

(i) The previously established parents and the alleged father of the child.

(ii) The guardian of the child, if any.

(iii) Any person who has physical custody of the child.

(iv) The guardian ad litem of the child, if any, as appointed pursuant to Section 7647.5.

(C) A declaration that the person filing the motion believes that the previously established father is not the genetic father of the child, the specific reasons for this belief, and a declaration that the person desires that the motion be granted. The moving party is not required to present evidence of genetic testing indicating that the previously established father is not the genetic father of the child in order to bring this motion pursuant to Section 7646.

(D) A declaration that the marital presumption set forth in Section 7540 does not apply and that an action is not barred under paragraph (2) of subdivision (a) of Section 7630.

(3) The court finds that the previously established father is not a genetic parent pursuant to Section 7555.

(b) The motion shall include a proof of service upon the following persons, excluding the person bringing the motion:

(1) The parties to the action resulting in the judgment of parentage.

(2) The local child support agency, if services are being provided to the child pursuant to Title IV-D or IV-E of the Social Security Act (42 U.S.C. Sec. 651 et seq. and 42 U.S.C. Sec. 670 et seq.).

(3) The child’s guardian ad litem, if any.

history: (History: Amended by Stats. 2018, Ch. 876, Sec. 59. (AB 2684) Effective January 1, 2019.)


text: A guardian ad litem may be appointed for the child to represent the best interests of the child in an action brought pursuant to this article.

history: (History: Added by Stats. 2004, Ch. 849, Sec. 4. Effective January 1, 2005.)


text: Any genetic testing used to support the motion to set aside or vacate shall be conducted in accordance with Section 7552. The court shall, at the request of any person authorized to make a motion pursuant to this article, or may upon its own motion, order genetic testing to assist the court in making a determination whether the previously established father is the genetic father of the child.

history: (History: Amended by Stats. 2018, Ch. 876, Sec. 60. (AB 2684) Effective January 1, 2019.)


citation: FAM § 7648

text:
The court may deny the motion to set aside or vacate a judgment establishing parentage if it determines that denial of the motion is in the best interest of the child, after consideration of the following factors:

(a) The age of the child.

(b) The length of time since the entry of the judgment establishing parentage.

(c) The nature, duration, and quality of any relationship between the previously established father and the child, including the duration and frequency of any time periods during which the child and the previously established father resided in the same household or enjoyed a parent and child relationship.

(d) The request of the previously established father that the parent and child relationship continue.

(e) Notice by the biological father of the child that the biological father does not oppose preservation of the relationship between the previously established father and the child.

(f) The benefit or detriment to the child in establishing the genetic father as the parent of the child.

(g) Whether the conduct of the previously established father has impaired the ability to ascertain the identity of, or get support from, the biological father.

(h) Additional factors deemed by the court to be relevant to its determination of the best interest of the child.

history: (History: Amended by Stats. 2019, Ch. 115, Sec. 94. (AB 1817) Effective January 1, 2020.)


text: If the court denies a motion pursuant to Section 7648, the court shall state on the record the basis for the denial of that motion and any supporting facts.


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

(b) Upon receipt of any motion brought pursuant to Section 7646, the local child support agency may issue an administrative order requiring the mother, child, and the previously established father to submit to genetic testing if all of the conditions of paragraphs (1) and (2) of subdivision (a) of Section 7647 are satisfied.

(c) The local child support agency shall pay the costs of any genetic tests that are ordered under subdivision (b) or are ordered by a court for cases in which the local child support agency is providing services under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.).

(d) Nothing in this section prohibits any person who has been ordered by a local child support agency to submit to genetic tests pursuant to this section from filing a notice of motion with the court 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 7647.7. If any 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 paternity against that person or enforce the administrative order if the rights of others or the interest of justice so require.


text:
A court may not issue an order setting aside or vacating a judgment establishing paternity pursuant to this article under any of the following circumstances:

(a) The judgment was made or entered by a tribunal of another state, even if the enforcement of that judgment is sought in this state.

(b) The judgment was made or entered in this state and genetic tests were conducted prior to the entry of the judgment which did not exclude the previously established father as the biological father of the child.


text: Notwithstanding any other provision of law, if the court grants a motion to set aside or vacate a paternity judgment pursuant to this article, the court shall vacate any order for child support and arrearages issued on the basis of that previous judgment of paternity. The previously established father has no right of reimbursement for any amount of support paid prior to the granting of the motion.


text: This article does not establish a basis for termination of any adoption, and does not affect any obligation of an adoptive parent to an adoptive child.


text: This article does not establish a basis for setting aside or vacating a judgment establishing paternity with regard to a child conceived by assisted reproduction pursuant to Section 7613 or a child conceived pursuant to a surrogacy agreement.

history: (History: Amended by Stats. 2013, Ch. 510, Sec. 14. (AB 1403) Effective January 1, 2014.)


citation: FAM § 7649

text: This article does not limit the rights and remedies available under any other law with regard to setting aside or vacating a judgment of parentage.

history: (History: Amended by Stats. 2018, Ch. 876, Sec. 62. (AB 2684) Effective January 1, 2019.)


text: Notwithstanding any other provision of this article, a distribution from the estate of a decedent or payment made by a trustee, insurance company, pension fund, or any other person or entity that was made in good faith reliance on a judgment establishing paternity that is final for purposes of direct appeal, may not be set aside or subject to direct or collateral attack because of the entry of an order setting aside or vacating a judgment under this article. An estate, trust, personal representative, trustee, or any other person or entity that made that distribution or payment may not incur any liability to any person because of the distribution or payment or because of the entry of an order under this article.


citation: FAM § 7650

text:
(a) Any interested person may bring an action to determine the existence or nonexistence of a mother and child relationship. Insofar as practicable, the provisions of this division applicable to the father and child relationship apply.

(b) A woman is presumed to be the natural mother of a child if the child is in utero after the death of the decedent and the conditions set forth in Section 249.5 of the Probate Code are satisfied.

history: (History: Amended by Stats. 2018, Ch. 876, Sec. 63. (AB 2684) Effective January 1, 2019.)

path: 12. PARENT AND CHILD RELATIONSHIP > 3. UNIFORM PARENTAGE ACT > 4. Determination of Parent and Child Relationship > 2. Determination of Mother and Child Relationship


citation: FAM § 7660

text: If a mother relinquishes for or consents to, or proposes to relinquish for or consent to, the adoption of a child who has a presumed parent under Section 7611, the presumed parent shall be given notice of the adoption proceeding and have the rights provided under Part 2 (commencing with Section 8600) of Division 13, unless that parent’s relationship to the child has been previously terminated or determined by a court not to exist or the presumed parent has voluntarily relinquished for or consented to the adoption of the child.

history: (History: Amended by Stats. 2013, Ch. 510, Sec. 15. (AB 1403) Effective January 1, 2014.)

path: 12. PARENT AND CHILD RELATIONSHIP > 3. UNIFORM PARENTAGE ACT > 5. Termination of Parental Rights in Adoption Proceedings


text: Notwithstanding any other provision of law, a presumed father may waive the right to notice of any adoption proceeding by executing a form developed by the department before an authorized representative of the department, an authorized representative of a licensed public or private adoption agency, or a notary public or other person authorized to perform notarial acts. The waiver of notice form may be validly executed before or after the birth of the child, and once signed no notice, relinquishment for, or consent to adoption of the child shall be required from the father for the adoption to proceed. This shall be a voluntary and informed waiver without undue influence. If the child is an Indian child as defined under the Indian Child Welfare Act (ICWA), any waiver of consent by an Indian presumed father shall be executed in accordance with the requirements for voluntary adoptions set forth in Section 1913 of Title 25 of the United States Code. The waiver shall not affect the rights of any known federally recognized Indian tribe or tribes from which the child or the presumed father may be descended to notification of, or participation in, adoption proceedings as provided by the ICWA. Notice that the waiver has been executed shall be given to any known federally recognized Indian tribe or tribes from which the child or the presumed father may be descended, as required by the ICWA.

history: (History: Amended by Stats. 2008, Ch. 534, Sec. 4. Effective January 1, 2009.)

chapter: 5. Termination of Parental Rights in Adoption Proceedings


citation: FAM § 7661

text: If the other parent relinquishes for or consents to, or proposes to relinquish for or consent to, the adoption of a child, the mother shall be given notice of the adoption proceeding and have the rights provided under Part 2 (commencing with Section 8600) of Division 13, unless the mother’s relationship to the child has been previously terminated by a court or the mother has voluntarily relinquished for or consented to the adoption of the child.

history: (History: Amended by Stats. 2013, Ch. 510, Sec. 16. (AB 1403) Effective January 1, 2014.)


citation: FAM § 7662

text:
(a) If a mother relinquishes for or consents to, or proposes to relinquish for or consent to, the adoption of a child, or if a child otherwise becomes the subject of an adoption proceeding, the agency or person to whom the child has been or is to be relinquished, or the mother or the person having physical or legal custody of the child, or the prospective adoptive parent, shall file a petition to terminate the parental rights of the alleged father, unless one of the following occurs:

(1) The alleged father’s relationship to the child has been previously terminated or determined not to exist by a court.

(2) The alleged father has been served as prescribed in Section 7666 with a written notice alleging that the alleged father is or could be the biological father of the child to be adopted or placed for adoption and has failed to bring an action for the purpose of declaring the existence of the father and child relationship pursuant to subdivision (c) of Section 7630 within 30 days of service of the notice or the birth of the child, whichever is later.

(3) The alleged father has executed a written form developed by the department to waive notice, to deny parentage, relinquish the child for adoption, or consent to the adoption of the child.

(b) The alleged father may validly execute a waiver or denial of parentage before or after the birth of the child, and, once signed, no notice of, relinquishment for, or consent to adoption of the child shall be required from the alleged father for the adoption to proceed.

(c) Except as provided in this subdivision and subdivision (d), all proceedings affecting a child, including proceedings under Divisions 8 (commencing with Section 3000) to 11 (commencing with Section 6500), inclusive, Part 1 (commencing with Section 7500) to Part 3 (commencing with Section 7600), inclusive, of this division, and Part 1 (commencing with Section 1400), Part 2 (commencing with Section 1500), and Part 4 (commencing with Section 2100) of Division 4 of the Probate Code, and any motion or petition for custody or visitation filed in a proceeding under this part, shall be stayed. The petition to terminate parental rights under this section is the only matter that may be heard during the stay until the court issues a final ruling on the petition.

(d) This section does not limit the jurisdiction of the court pursuant to Part 3 (commencing with Section 6240) and Part 4 (commencing with Section 6300) of Division 10 with respect to domestic violence orders, or pursuant to Article 6 (commencing with Section 300) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code with respect to dependency proceedings.

history: (History: Amended by Stats. 2019, Ch. 115, Sec. 95. (AB 1817) Effective January 1, 2020.)


citation: FAM § 7663

text:
(a) In an effort to identify all alleged fathers and presumed parents, the court shall cause inquiry to be made of the mother and any other appropriate person by one of the following:

(1) The State Department of Social Services.

(2) A licensed county adoption agency.

(3) The licensed adoption agency to which the child is to be relinquished.

(4) In the case of a stepparent adoption, the licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor who is performing the investigation pursuant to Section 9001, if applicable. In the case of a stepparent adoption in which a licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor is not performing the investigation pursuant to Section 9001, the board of supervisors may assign those inquiries to a licensed county adoption agency, the county department designated by the board of supervisors to administer the public social services program, or the county probation department.

(b) The inquiry shall include all of the following:

(1) Whether the mother was married at the time of conception of the child or at any time thereafter.

(2) Whether the mother was cohabiting with a man at the time of conception or birth of the child.

(3) Whether the mother has received support payments or promises of support with respect to the child or in connection with the pregnancy.

(4) Whether any person has formally or informally acknowledged or declared possible parentage of the child.

(5) The names and whereabouts, if known, of every person presumed or alleged to be the parent of the child, and the efforts made to give notice of the proposed adoption to each person identified.

(c) The agency that completes the inquiry shall file a written report of the findings with the court.

history: (History: Amended by Stats. 2019, Ch. 115, Sec. 96. (AB 1817) Effective January 1, 2020.)


citation: FAM § 7664

text:
(a) If, after the inquiry, the biological father is identified to the satisfaction of the court, or if more than one man is identified as a possible biological father, notice of the proceeding shall be given in accordance with Section 7666. If an alleged biological father fails to appear or, if appearing, fails to claim parental rights, those parental rights with reference to the child shall be terminated.

(b) If the biological father or a man claiming to be the biological father claims parental rights, the court shall determine biological parentage. The court shall then determine if it is in the best interest of the child that the biological father retain parental rights, or that an adoption of the child be allowed to proceed. The court, in making that determination, may consider all relevant evidence, including the efforts made by the biological father to obtain custody, the age and prior placement of the child, and the effects of a change of placement on the child.

(c) If the court finds that it is in the best interest of the child that the biological father should be allowed to retain parental rights, the court shall order that the biological father’s consent is necessary for an adoption. If the court finds that the man claiming parental rights is not the biological father, or that if the man is the biological father it is in the child’s best interest that an adoption be allowed to proceed, the court shall order that the consent of that man is not required for an adoption. This finding terminates all parental rights and responsibilities with respect to the child.

history: (History: Amended by Stats. 2019, Ch. 115, Sec. 97. (AB 1817) Effective January 1, 2020.)


citation: FAM § 7665

text: If, after the inquiry, the court is unable to identify the biological father or any possible biological father and no person has appeared claiming to be the biological father and claiming custodial rights, the court shall enter an order terminating the unknown biological father’s parental rights with reference to the child.

history: (History: Amended by Stats. 2013, Ch. 510, Sec. 20. (AB 1403) Effective January 1, 2014.)


citation: FAM § 7666

text:
(a) Except as provided in subdivision (b), notice of the proceeding shall be given to every person identified as the biological father or a possible biological father in accordance with the Code of Civil Procedure for the service of process in a civil action in this state at least 10 days before the date of the proceeding, except that publication or posting of the notice of the proceeding is not required, and service on the parent or guardian of a biological father or possible biological father who is a minor is not required unless the minor has previously provided written authorization to serve the minor’s parent or guardian. Proof of giving the notice shall be filed with the court before the petition is heard.

(b) Notice to a man identified as or alleged to be the biological father is not required, and the court shall issue an order dispensing with that notice under any of the following circumstances:

(1) The relationship to the child has been previously terminated or determined not to exist by a court.

(2) The alleged father has executed a written form to waive notice, deny parentage, relinquish the child for adoption, or consent to the adoption of the child.

(3) The whereabouts or identity of the alleged father are unknown or cannot be ascertained.

(4) The alleged father has been served with written notice of alleged parentage and the proposed adoption, and has failed to bring an action pursuant to subdivision (c) of Section 7630 within 30 days of service of the notice or the birth of the child, whichever is later.

history: (History: Amended by Stats. 2019, Ch. 115, Sec. 98. (AB 1817) Effective January 1, 2020.)


citation: FAM § 7667

text:
(a) Notwithstanding any other law, an action to terminate the parental rights of an alleged father of a child as specified in this part shall be set for hearing not more than 45 days after filing of the petition, except as provided in subdivision (c).

(b) The matter so set shall have precedence over all other civil matters on the date set for trial, except an action to terminate parental rights pursuant to Part 4 (commencing with Section 7800).

(c) The court may dispense with a hearing and issue an ex parte order terminating parental rights if any of the following applies:

(1) The identity or whereabouts of the alleged father are unknown.

(2) The alleged father has validly executed a waiver of the right to notice or a denial of parentage.

(3) The alleged father has been served with written notice of alleged parentage and the proposed adoption, and has failed to bring an action pursuant to subdivision (c) of Section 7630 within 30 days of service of the notice or the birth of the child, whichever is later.

history: (History: Amended by Stats. 2019, Ch. 115, Sec. 99. (AB 1817) Effective January 1, 2020.)


citation: FAM § 7668

text:
(a) The court may continue the proceedings for not more than 30 days as necessary to appoint counsel and to enable counsel to prepare for the case adequately or for other good cause.

(b) In order to obtain an order for a continuance of the hearing, written notice shall be filed within two court days of the date set for the hearing, together with affidavits or declarations detailing specific facts showing that a continuance is necessary, unless the court for good cause entertains an oral motion for continuance.

(c) Continuances shall be granted only upon a showing of good cause. Neither a stipulation between counsel nor the convenience of the parties is in and of itself a good cause.

(d) A continuance shall be granted only for that period of time shown to be necessary by the evidence considered at the hearing on the motion. If a continuance is granted, the facts proven which require the continuance shall be entered upon the minutes of the court.

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


citation: FAM § 7669

text:
(a) An order requiring or dispensing with an alleged father’s consent for the adoption of a child may be appealed from in the same manner as an order of the juvenile court declaring a person to be a ward of the juvenile court and is conclusive and binding upon the alleged father.

(b) After making the order, the court has no power to set aside, change, or modify that order.

(c) Nothing in this section limits the right to appeal from the order and judgment.

history: (History: Amended by Stats. 2013, Ch. 510, Sec. 23. (AB 1403) Effective January 1, 2014.)


citation: FAM § 7670

text: There shall be no filing fee charged for a petition filed pursuant to Section 7662.


citation: FAM § 7671

text: A single petition may be filed pursuant to Section 7662 to terminate the parental rights of the alleged father or fathers of two or more biological siblings or to terminate the parental rights of two or more alleged fathers of the same child. A petition filed in accordance with this section may be granted in whole or in part in accordance with the procedures set forth in this chapter. The court shall retain discretion to bifurcate any case in which the petition was filed in accordance with this section, and shall do so whenever it is necessary to protect the interests of a party or a child who is the subject of the proceeding.

history: (History: Added by Stats. 2014, Ch. 763, Sec. 4. (AB 1701) Effective January 1, 2015.)


citation: FAM § 7700

text: In addition to the contents required by Section 412.20 of the Code of Civil Procedure, in a proceeding under this part the summons shall contain a temporary restraining order restraining all parties, without the prior written consent of the other party or an order of the court, from removing from the state any minor child for whom the proceeding seeks to establish a parent and child relationship.

history: (History: Repealed and added by Stats. 1993, Ch. 219, Sec. 179.6. Effective January 1, 1994.)

chapter: 6. Protective and Restraining Orders

article: 1. Orders in Summons

path: 12. PARENT AND CHILD RELATIONSHIP > 3. UNIFORM PARENTAGE ACT > 6. Protective and Restraining Orders > 1. Orders in Summons


citation: FAM § 7710

text: During the pendency of a proceeding under this part, on application of a party in the manner provided by Part 4 (commencing with Section 240) of Division 2, the court may issue ex parte a protective order as defined in Section 6218 and any other order as provided in Article 1 (commencing with Section 6320) of Chapter 2 of Part 4 of Division 10.

article: 2. Ex Parte Orders

path: 12. PARENT AND CHILD RELATIONSHIP > 3. UNIFORM PARENTAGE ACT > 6. Protective and Restraining Orders > 2. Ex Parte Orders


citation: FAM § 7720

text:
(a) After notice and a hearing, the court may issue a protective order as defined in Section 6218 and any other restraining order as provided in Article 2 (commencing with Section 6340) of Chapter 2 of Part 4 of Division 10.

(b) The court may not issue a mutual protective order pursuant to subdivision (a) unless it meets the requirements of Section 6305.

history: (History: Amended by Stats. 1995, Ch. 246, Sec. 3. Effective January 1, 1996.)

article: 3. Orders After Notice and Hearing

path: 12. PARENT AND CHILD RELATIONSHIP > 3. UNIFORM PARENTAGE ACT > 6. Protective and Restraining Orders > 3. Orders After Notice and Hearing


citation: FAM § 7730

text: A judgment entered in a proceeding under this part may include a protective order as defined in Section 6218 and any other restraining order as provided in Article 3 (commencing with Section 6360) of Chapter 2 of Part 4 of Division 10.

article: 4. Orders Included in Judgment

path: 12. PARENT AND CHILD RELATIONSHIP > 3. UNIFORM PARENTAGE ACT > 6. Protective and Restraining Orders > 4. Orders Included in Judgment


citation: FAM § 7800

text: The purpose of this part is to serve the welfare and best interest of a child by providing the stability and security of an adoptive home when those conditions are otherwise missing from the child’s life.

path: 12. PARENT AND CHILD RELATIONSHIP > 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL > 1. General Provisions


citation: FAM § 7801

text: This part shall be liberally construed to serve and protect the interests and welfare of the child.

part: 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL


citation: FAM § 7802

text: A proceeding may be brought under this part for the purpose of having a minor child declared free from the custody and control of either or both parents.


citation: FAM § 7803

text: A declaration of freedom from parental custody and control pursuant to this part terminates all parental rights and responsibilities with regard to the child.


citation: FAM § 7804

text: In a proceeding under this part, the court may appoint a suitable party to act in behalf of the child and may order such further notice of the proceedings to be given as the court deems proper.


citation: FAM § 7805

text:
(a) A petition filed in a proceeding under this part, or a report of the probation officer or county department designated by the board of supervisors to administer the public social services program filed in a proceeding under this part, may be inspected only by the following persons:

(1) Court personnel.

(2) The child who is the subject of the proceeding.

(3) The parents or guardian of the child.

(4) The attorneys for the parties.

(5) Any other person designated by the judge.

(b) In a proceeding before the court of appeal or Supreme Court to review a judgment or order entered in a proceeding under this part, the court record and briefs filed by the parties may be inspected only by the following persons:

(1) Court personnel.

(2) A party to the proceeding.

(3) The attorneys for the parties.

(4) Any other person designated by the presiding judge of the court before which the matter is pending.

(c) Notwithstanding any other provision of law, if it is believed that the welfare of the child will be promoted thereby, the court and the probation officer may furnish information, pertaining to a petition under this part, to any of the following:

(1) The State Department of Social Services.

(2) A county welfare department.

(3) A public welfare agency.

(4) A private welfare agency licensed by the State Department of Social Services.


citation: FAM § 7806

text: There shall be no filing fee charged for a proceeding brought under this part.


citation: FAM § 7807

text:
(a) Sections 3020, 3022, 3040 to 3043, inclusive, and 3409 do not apply in a proceeding under this part.

(b) Except as provided in this subdivision and subdivision (c), all proceedings affecting a child, including proceedings under Divisions 8 (commencing with Section 3000) to 11 (commencing with Section 6500), inclusive, Part 1 (commencing with Section 7500) to Part 3 (commencing with Section 7600), inclusive, of this division, and Part 1 (commencing with Section 1400), Part 2 (commencing with Section 1500), and Part 4 (commencing with Section 2100) of Division 4 of the Probate Code, and any motion or petition for custody or visitation filed in a proceeding under this part, shall be stayed. The petition to free the minor from parental custody and control under this section is the only matter that may be heard during the stay until the court issues a final ruling on the petition.

(c) This section does not limit the jurisdiction of the court pursuant to Part 3 (commencing with Section 6240) and Part 4 (commencing with Section 6300) of Division 10 with respect to domestic violence orders, or pursuant to Article 6 (commencing with Section 300) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code with respect to dependency proceedings.

history: (History: Amended by Stats. 2014, Ch. 763, Sec. 5. (AB 1701) Effective January 1, 2015.)


citation: FAM § 7808

text:
This part does not apply to a minor adjudged a dependent child of the juvenile court pursuant to subdivision (c) of Section 360 of the Welfare and Institutions Code on and after January 1, 1989, during the period in which the minor is a dependent child of the court. For those minors, the exclusive means for the termination of parental rights are provided in the following statutes:

(a) Section 366.26 of the Welfare and Institutions Code.

(b) Sections 8604 to 8606, inclusive, and 8700 of this code.

(c) Chapter 5 (commencing with Section 7660) of Part 3 of this division of this code.

history: (History: Amended by Stats. 1994, Ch. 1269, Sec. 55.4. Effective January 1, 1995.)


citation: FAM § 7820

text: A proceeding may be brought under this part for the purpose of having a child under the age of 18 years declared free from the custody and control of either or both parents if the child comes within any of the descriptions set out in this chapter.

path: 12. PARENT AND CHILD RELATIONSHIP > 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL > 2. Circumstances Where Proceeding May Be Brought