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 following subdivisions:
(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 the presumed parent’s 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 their home and openly holds out the child as their natural child.
(e)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.
Notes of Decisions
Vernoff Ex Rel. Vernoff v. Astrue, 568 F.3d 1102 (9th Cir. 2009).
· cites it 4× “That section sets out several methods by which a father is presumed to be the natural parent of a child, including, most relevant to this case, if “[h]e 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…”
In Re Jason J., 175 Cal. App. 4th 922 (Cal. Ct. App. 2009).
· cites it 2× “" (citation omitted)]; Fam. Code, § 7611, subd. (d).) A "biological or natural father is one whose biological paternity has been established, but who has not achieved presumed father status as defined in [Family Code section 7611].”
Elisa B. v. Superior Court, 117 P.3d 660 (Cal. 2005).
· cites it 2× “The Court of Appeal reasoned that under California's statutory scheme Elisa was neither the natural nor the adoptive mother of her partner's twins, nor could she be their father, and therefore Elisa had no legally recognized parental status with respect to the twins.”
Stennett v. Miller, 245 Cal. Rptr. 3d 872 (Cal. Ct. App. 5th 2019).
· cites it 2× “Code, § 6451 [adoption severs the relationship of parent and child unless certain requirements are satisfied]; see also Prob.”
San Bernardino Cnty. Child. & Fam. Servs. v. M.G., 7 Cal. App. 5th 886 (Cal. Ct. App. 2017).
“) As relevant to toe present case, Family Code section 7611, subdivision (d) applies where toe parent “receives the child into his or her home and openly holds out the child as his or her natural child.”
Dawn D. v. Superior Court, 98 Cal. Daily Op. Serv. 2511 (Cal. Ct. App. 1998).
· cites it 3× “Family Code section 7611 provides: “A man is presumed to be the natural father of a child if he meets the conditions provided in Chapter 1 (commencing with section 7540) or Chapter 3 (commencing with section 7570 [establishment of paternity by voluntary declaration]) of Part 2…”
In Re Vincent M., 74 Cal. Rptr. 3d 755 (Cal. Ct. App. 2008).
· cites it 2× “He did not show he qualified as a presumed father under the only category that might be relevantFamily Code section 7611, subdivision (d)because he did not receive Vincent into his home and hold him out as his own.”
Brinkley v. King, 701 A.2d 176 (Pa. 1997).
· cites it 2× “Cal. Fam.Code § 7611. *267 Pennsylvania's approach to establishing paternity is clearly outdated.”
Est. of Britel v. Britel, 236 Cal. App. 4th 127 (Cal. Ct. App. 2015).
· cites it 5× “896 ), not by attempting to rely “on Family Code section 7611[, subdivision (d)] by way of .”
Adoption of Michael H., 898 P.2d 891 (Cal. 1995).
· cites it 2× “(Fam. Code, § 7611, subd. (d).) [2] When a father meets these requirements, the adoption cannot proceed unless it is shown that the father has abandoned the child, has been neglectful or cruel to the child, or is otherwise unfit as a parent.”
GLEN C. v. Superior Court, 2000 Cal. Daily Op. Serv. 1441 (Cal. Ct. App. 2000).
· cites it 2× “The order resulting from the March 2 jurisdictional/dispositional hearing stated: “30 days to set aside on father. No reunification to Glen[] [C.] Jr.”
Hunter v. Rose, 975 N.E.2d 857 (Mass. 2012).
· cites it 2× “A nonbiological mother is presumed to be a child’s parent if the child is bom during the “marriage” or if, inter alia, she “receives the child into [her] home and openly holds out the child as [her] natural child.”
— Cal. Family Code § 7611(a) — 6 cases
Vernoff Ex Rel. Vernoff v. Astrue, 568 F.3d 1102 (9th Cir. 2009).
“That section sets out several methods by which a father is presumed to be the natural parent of a child, including, most relevant to this case, if “[h]e 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…”
— Cal. Family Code § 7611(c) — 1 case
— Cal. Family Code § 7611(d) — 11 cases
Est. of Britel v. Britel, 236 Cal. App. 4th 127 (Cal. Ct. App. 2015).
“896 ), not by attempting to rely “on Family Code section 7611[, subdivision (d)] by way of .”
— Cal. Family Code § 7611(f) — 2 cases
Vernoff Ex Rel. Vernoff v. Astrue, 568 F.3d 1102 (9th Cir. 2009).
“That section sets out several methods by which a father is presumed to be the natural parent of a child, including, most relevant to this case, if “[h]e 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…”
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