California Codes

Cal. Probate Code § 6453 (2026)

✓ current as of May 2026

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For the purpose of determining whether a person is a “natural parent” as that term is used in this chapter:

(a)A natural parent and child relationship is established where that relationship is presumed and not rebutted pursuant to the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12 of the Family Code).

(b)A natural parent and child relationship may be established pursuant to any other provisions of the Uniform Parentage Act, except that the relationship may not be established by an action under subdivision (c) of Section 7630 of the Family Code unless any of the following conditions exist:

(1)A court order was entered during the parent’s lifetime declaring parentage.

(2)Parentage is established by clear and convincing evidence that the parent has openly held out the child as that parent’s own.

(3)It was impossible for the parent to hold out the child as that parent’s own and parentage is established by clear and convincing evidence, which may include genetic DNA evidence acquired during the parent’s lifetime.

(c)A natural parent and child relationship may be established pursuant to Section 249.5.

Notes of Decisions

Cited in 20 cases (6 in the last 5 years), 1998–2025 · leading case: Stennett v. Miller, 245 Cal. Rptr. 3d 872 (Cal. Ct. App. 5th 2019).

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Stennett v. Miller, 245 Cal. Rptr. 3d 872 (Cal. Ct. App. 5th 2019). · cites it 14× “) Probate Code section 6453 governs "whether a person is a 'natural parent' " and provides, among other things, that a natural parent-child relationship may be "established by clear and convincing evidence that the parent has openly held out the child as his own.”

Cheyanna M. v. A.C. Nielsen Co., 98 Cal. Daily Op. Serv. 7224 (Cal. Ct. App. 1998). · cites it 4× “” (Prob. Code, § 6453, subd. (b)(2).) However, if “[i]t was impossible for the father to hold the child out as his own,” the biological father is a “natural parent” if “paternity is established by clear and convincing evidence.”

Est. of Britel v. Britel, 236 Cal. App. 4th 127 (Cal. Ct. App. 2015). · cites it 4× “) Probate Code section 6453, subdivision (b), as it now stands, addresses these societal interests and values in some respects.”

Est. of Griswold, 24 P.3d 1191 (Cal. 2001). “" Probate Code section 6453 restricts the means by which a relationship of a natural parent to a child may be established for purposes of intestate succession.”

A.G. v. Cnty. of L. A., 239 Cal. Rptr. 3d 162 (Cal. Ct. App. 5th 2018). · cites it 3× “" In turn, the Probate Code establishes that "[a] natural parent and child relationship is established where that relationship is presumed and not rebutted pursuant to the Uniform Parentage Act (UPA), (Part 3 (commencing with § 7600 ) of Division 12 of the Family Code.”

Scott v. Thompson, 184 Cal. App. 4th 1506 (Cal. Ct. App. 2010). “) Probate Code section 6453 specifies in relevant part: “For the purpose of determining whether a person is a ‘natural parent’ as that term is used in this chapter: [f] (a) A natural parent and child relationship is established where that relationship is presumed and not…”

Burden v. Agnew, 146 Cal. App. 4th 1021 (Cal. Ct. App. 2007). “Probate Code section 6453, subdivision (b)(2) 1 permits a child bom out of wedlock to establish a father-child relationship for intestate succession purposes by providing clear and convincing evidence that the father “has openly held out the child as his own.”

In Re Est. of Carter, 4 Cal. Rptr. 3d 490 (Cal. Ct. App. 2003). “) Probate Code section 6453, which is part of the laws of intestate succession, adds the requirement that when the relationship is established that way, the evidence of holding out must be “clear and convincing.”

Est. of Earnest Chambers v. Money, 175 Cal. App. 4th 891 (Cal. Ct. App. 2009). “) In other words, when a child bom out of wedlock wants to show he is the natural child of a man who died without leaving a will, if the child relies on proof that the alleged father openly held him out as his own child, he must do so by clear and convincing evidence.”

Hardy v. Colvin, 930 F. Supp. 2d 1196 (C.D. Cal. 2013). · cites it 31× “] Under California Probate Code § 6453(b), a parental relationship exists for the purpose of intestate succession in California where “[a] court order was entered during the father’s lifetime declaring paternity” or where one of two other sets of requirements are met.”

Stennett v. Miller (Cal. Ct. App. 2019). · cites it 15× “) Probate Code section 6453 governs “whether a person is a ‘natural parent’” and provides, among other things, that a natural parent-child relationship may be “established by clear and convincing evidence that the parent has openly held out the child as his own.”

Doner-Griswold v. See, 25 Cal. 4th 904 (Cal. 2001). “” Probate Code section 6453 restricts the means by which a relationship of a natural parent to a child may be established for purposes of intestate succession.”

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— Cal. Probate Code § 6453(b) — 1 case

Hardy v. Colvin, 930 F. Supp. 2d 1196 (C.D. Cal. 2013). “] Under California Probate Code § 6453(b), a parental relationship exists for the purpose of intestate succession in California where “[a] court order was entered during the father’s lifetime declaring paternity” or where one of two other sets of requirements are met.”

— Cal. Probate Code § 6453(b)(1) — 1 case

— Cal. Probate Code § 6453(b)(2) — 1 case

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