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 father’s lifetime declaring paternity.
(2) Paternity is established by clear and convincing evidence that the father has openly held out the child as his own.
(3) It was impossible for the father to hold out the child as his own and paternity is established by clear and convincing evidence.
(c) A natural parent and child relationship may be established pursuant to Section 249.5.
(Amended by Stats. 2004, Ch. 775, Sec. 9. Effective January 1, 2005.)
Last modified: October 25, 2018