CALIFORNIA FAMILY CODE
PRESUMPTION CONCERNING CHILD OF MARRIAGE
AND BLOOD TESTS TO DETERMINE PATERNITY
Family Code Section 7541
Section 7540, if the court finds that the conclusions of all the experts, as disclosed
by the evidence based on blood tests performed pursuant to Chapter 2 (commencing
with Section 7550), are that the husband is not the father of the child,
the question of paternity of the husband shall be resolved accordingly.
(b) The notice of motion for blood tests under this section may be filed
not later than two years from the child's date of birth by the husband,
or for the purposes of establishing paternity by the presumed father or
the child through or by the child's guardian ad litem. As used in
this subdivision, "presumed father" has the meaning given in Sections
(c) The notice of motion for blood tests under this section may be filed
by the mother of the child not later than two years from the child's
date of birth if the child's biological father has filed an affidavit
with the court acknowledging paternity of the child.
(d) The notice of motion for blood tests 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.
(e) Subdivision (a) does not apply, and blood tests may not be used to
challenge paternity, in any of the following cases:
(1) A case that reached final judgment of paternity on or before September 30, 1980.
(2) A case coming within Section 7613.
(3) A case in which the wife, with the consent of the husband, conceived
by means of a surgical procedure.