(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, Section 7612.
(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 Section 7611.
(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.
Notes of Decisions
Cited in
5
cases (
1 in the last 5 years), 1997–2021 · leading case:
Brinkley v. King, 701 A.2d 176 (Pa. 1997).
Brinkley v. King, 701 A.2d 176 (Pa. 1997).
· cites it 4× “Cal. Fam.Code § 7541. Interestingly, a man may be a "presumed father" if he satisfies at least one of the following criteria: he and the mother are married at the time of the child's birth; the child is born within 300 days of the termination of the marriage; the couple has…”
B.E.B. v. R.L.B., 979 P.2d 514 (Alaska 1999).
“2d 439, 444-45 (1996) (citing Cal. Fam. Code § 7541 ). . Clevenger additionally focused on the social injury that results when a child previously thought to be legitimate is recognized as having been born out of wedlock.”
Cnty. of Riverside v. Estabrook, 30 Cal. App. 5th 1144 (Cal. Ct. App. 2019).
“In this case, the mother of the child's husband is holding out that the child as his own under Family Code §§ 7541 and 7611 ." (Boldface omitted.”
Larry R. v. Superior Court, No. F082124 (Cal. Ct. App. July 7, 2021).
· cites it 2× “(Fam. Code, § 7541, subd. (b).) If the court finds that the spouse who is a presumed father under Family Code section 7540 is not a genetic parent of the child, the question of parentage must be resolved in accordance with Family Code section 7612.”
Beb v. Rlb, 979 P.2d 514 (Alaska 1999).
“2d 439, 444-45 (1996) (citing Cal. Fam. Code § 7541 ). [45] Clevenger additionally focused on the social injury that results when a child previously thought to be legitimate is recognized as having been born out of wedlock.”
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