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CALIFORNIA FAMILY CODE
Family Code Section 7630
(a) A child, the child's natural mother, a man presumed to be the child's
father under subdivision (a), (b), or (c) of
Section 7611, 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 father
and child relationship presumed under subdivision (a), (b), or (c) of
(2) For the purpose of declaring the nonexistence of the father 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,
paternity of the child by another man may be determined in the same action,
if he has been made a party.
(b) Any interested party may bring an action at any time for the purpose
of determining the existence or nonexistence of the father and child relationship
presumed under subdivision (d) or (f) of
(c) An action to determine the existence of the father and child relationship
with respect to a child who has no presumed father under
Section 7611 or whose presumed father is deceased may be brought by the child or personal
representative of the child, the Department of Child Support Services,
the mother or the personal representative or a parent of the mother if
the mother has died or is a minor, a man alleged or alleging himself 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
father 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
natural 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 paternity action is filed.
(e) (1) If any prospective adoptive parent who has physical custody of
the child, or any licensed California adoption agency that has legal custody
of the child, has not been joined as a party to an action to determine
the existence of a father and child relationship under subdivision (a),
(b), or (c), or an action for custody by the alleged natural father, 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 man brings an action to determine paternity and custody of a child
who he 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
mother who are prospective adoptive parents, he shall serve his 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.