CALIFORNIA FAMILY CODE
PRESUMPTION CONCERNING CHILD OF MARRIAGE
AND BLOOD TESTS TO DETERMINE PATERNITY
Family Code Section 7541
(a) If the court finds that the spouse who is a presumed parent under
Section 7540 is not a genetic parent of the child pursuant to Chapter 2 (commencing
with Section 7550), the question of parentage shall be resolved in accordance
with all other applicable provisions of this division, including, but
not limited to,
(b) An action to challenge the parentage of the spouse who is a presumed
parent under Section 7540 shall be filed and served not later than two
years from the child's date of birth and may only be filed by any
of the following:
(1) By either spouse.
(2) By a person who is a presumed parent under
Section 7611 or by the child, through or by the child's guardian ad litem, to establish
the parentage of the person who is a presumed parent under
(c) The petition or motion to challenge a presumption under
Section 7540 pursuant to this section shall be supported by a declaration under oath
submitted by the moving party stating the factual basis for placing the
issue of parentage before the court.
(d) Genetic testing may not be used to challenge parentage, in either of
the following cases:
(1) A case that reached final judgment of parentage on or before September 30, 1980.
(2) A case challenging the parentage of a spouse who is a parent pursuant
to Section 7962 or subdivision (a) of Section 7613, except to resolve
a dispute regarding whether the child was conceived through assisted reproduction.