CALIFORNIA FAMILY CODE
ESTABLISHING PARENT AND CHILD RELATIONSHIP
Presumption person natural parent
Family Code Section 7611
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
(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 his or her 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 his or her home and openly
holds out the child as his or her natural child.
(e) If the child was born and resides in a nation with which the United
States engages in an Orderly Departure Program or successor program, he
acknowledges that he is the child's father in a declaration under
penalty of perjury, as specified in Section 2015.5 of the Code of Civil
Procedure. This subdivision shall remain in effect only until January
1, 1997, and on that date shall become inoperative.
(f) The child is in utero after the death of the decedent and the conditions
set forth in Section 249.5 of the Probate Code are satisfied.