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California Family Code Section 7611

Legal Research Home > California Lawyer > Family Code > California Family Code Section 7611

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) of Part 2 or in any
of the following subdivisions:
   (a) He 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, he 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, he 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 his consent, he is named as the child's father on the
child's birth certificate.
   (2) He is obligated to support the child under a written voluntary
promise or by court order.
   (d) He receives the child into his home and openly holds out the
child as his natural child.
   (e) If the child was born and resides in a nation with which the
United States engages in an Orderly Departure Program or successor
program, he acknowledges that he is the child's father in a
declaration under penalty of perjury, as specified in Section 2015.5
of the Code of Civil Procedure.  This subdivision shall remain in
effect only until January 1, 1997, and on that date shall become
inoperative.
   (f) 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.

Last modified: January 12, 2009