California Family Code 7554 – (a) If the woman who gave birth to the child is the only other …
(a) If the woman who gave birth to the child is the only other person who is a parent or has a claim to parentage of the child under this division, the court shall find the person who is the alleged father or genetic parent who is not a donor under Section 7613 to be a parent of the child if the person meets any of the following:
(1) Is identified pursuant to Section 7555 as a genetic parent of the child and the identification is not successfully challenged.
Terms Used In California Family Code 7554
- Donor: The person who makes a gift.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Family Code 105
- Service of process: The service of writs or summonses to the appropriate party.
- Support: refers to a support obligation owing on behalf of a child, spouse, or family, or an amount owing pursuant to Section 17402. See California Family Code 150
(2) Admits parentage in a pleading, when making an appearance, or during a hearing, the court accepts the admission, and the court determines that the person is a genetic parent of the child.
(3) Declines to submit to genetic testing ordered by the court or a local child support agency, in which case, the court may find that the person is a parent of the child even if the person denies a genetic relationship with the child.
(4) Is in default after service of process and the court determines the person to be a genetic parent of the child.
(5) Is neither identified nor excluded as a genetic parent by genetic testing and, based on other evidence, the court determines the person to be a genetic parent of the child.
(b) If more than one person other than the woman who gave birth asserts a claim under this division to be the child’s parent, parentage shall be determined under provisions of this division.
(Amended by Stats. 2019, Ch. 115, Sec. 81. (AB 1817) Effective January 1, 2020.)