Family Code — Part 7 | FAM — United States — California law | Esheria

Family Code

Part 7 of 9 · provisions 1,201–1,400

This section says the code is called the Family Code.

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About this statute

This division is named the Family Law Facilitator Act and may be cited by that name. The Legislature says the family law pilot project services should be made available to unrepresented parties in superior courts throughout California. Each superior court must maintain a family law facilitator office, and the superior court appoints the family law facilitator. This division applies to actions or proceedings about child support, spousal support, health insurance, child custody, or visitation in certain family-law cases. The family law facilitator must provide listed family-law help services, including educational materials, court forms, form assistance, support schedules, and referrals.

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Provisions of Family Code

Showing 200 of 1,607

  1. 7140.

    ## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. EMANCIPATION OF MINORS LAW [7000 - 7143] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Court Declaration of Emancipation [7110 - 7143] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 4. Identification Cards and Information [7140 - 7143] ( Article 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    When an emancipated minor applies, the Department of Motor Vehicles must enter identifying information in its law enforcement computer network and note the emancipation on the minor’s identification card.

    ## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. EMANCIPATION OF MINORS LAW [7000 - 7143] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Court Declaration of Emancipation [7110 - 7143] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 4. Identification Cards and Information [7140 - 7143] ( Article 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7140. On application of a minor declared emancipated under this chapter, the Department of Motor Vehicles shall enter identifying information in its law enforcement computer network, and the fact of emancipation shall be stated on the department’s identification card issued to the emancipated minor. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  2. 7141.

    ## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. EMANCIPATION OF MINORS LAW [7000 - 7143] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Court Declaration of Emancipation [7110 - 7143] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 4. Identification Cards and Information [7140 - 7143] ( Article 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    If someone in good faith checks a minor’s ID and relies on the minor’s claim of emancipation, that person gets the same rights and obligations as if the minor were actually emancipated.

    ## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. EMANCIPATION OF MINORS LAW [7000 - 7143] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Court Declaration of Emancipation [7110 - 7143] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 4. Identification Cards and Information [7140 - 7143] ( Article 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7141. A person who, in good faith, has examined a minor’s identification card and relies on a minor’s representation that the minor is emancipated, has the same rights and obligations as if the minor were in fact emancipated at the time of the representation. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  3. 7142.

    ## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. EMANCIPATION OF MINORS LAW [7000 - 7143] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Court Declaration of Emancipation [7110 - 7143] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 4. Identification Cards and Information [7140 - 7143] ( Article 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    No public entity or employee is liable for loss or injury caused by false or inaccurate DMV records or identification cards under this part.

    ## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. EMANCIPATION OF MINORS LAW [7000 - 7143] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Court Declaration of Emancipation [7110 - 7143] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 4. Identification Cards and Information [7140 - 7143] ( Article 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7142. No public entity or employee is liable for any loss or injury resulting directly or indirectly from false or inaccurate information contained in the Department of Motor Vehicles records system or identification cards as provided in this part. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  4. 7143.

    ## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. EMANCIPATION OF MINORS LAW [7000 - 7143] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Court Declaration of Emancipation [7110 - 7143] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 4. Identification Cards and Information [7140 - 7143] ( Article 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    If an emancipation declaration is voided or rescinded, notice must be sent immediately to the DMV, and the DMV must remove emancipation information from its law enforcement computer network. Any identification card stating emancipation must be invalidated.

    ## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. EMANCIPATION OF MINORS LAW [7000 - 7143] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Court Declaration of Emancipation [7110 - 7143] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 4. Identification Cards and Information [7140 - 7143] ( Article 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7143. If a declaration of emancipation is voided or rescinded, notice shall be sent immediately to the Department of Motor Vehicles which shall remove the information relating to emancipation in its law enforcement computer network. Any identification card issued stating emancipation shall be invalidated. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  5. 720.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [700 - 755] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Relation of Spouses [720 - 721] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 82, Sec. 10. )

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    Spouses owe each other mutual respect, fidelity, and support.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [700 - 755] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Relation of Spouses [720 - 721] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 82, Sec. 10. ) ## 720. Spouses contract toward each other obligations of mutual respect, fidelity, and support. (Amended by Stats. 2014, Ch. 82, Sec. 11. (SB 1306) Effective January 1, 2015.)
  6. 721.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [700 - 755] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Relation of Spouses [720 - 721] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 82, Sec. 10. )

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    Spouses may transact with each other or others about property, but when dealing with each other they must follow fiduciary rules, act in good faith, avoid unfair advantage, share transaction books and information on request, and account for unauthorized benefits from community-property transactions.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [700 - 755] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Relation of Spouses [720 - 721] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 82, Sec. 10. ) ## 721. (a) Subject to subdivision (b), either spouse may enter into any transaction with the other, or with any other person, respecting property, which either might if unmarried. (b) Except as provided in Sections 143, 144, 146, 16040, 16047, and 21385 of the Probate Code, in transactions between themselves, spouses are subject to the general rules governing fiduciary relationships that control the actions of persons occupying confidential relations with each other. This confidential relationship imposes a duty of the highest good faith and fair dealing on each spouse, and neither shall take any unfair advantage of the other. This confidential relationship is a fiduciary relationship subject to the same rights and duties of nonmarital business partners, as provided in Sections 16403, 16404, and 16503 of the Corporations Code, including, but not limited to, the following: (1) Providing each spouse access at all times to any books kept regarding a transaction for the purposes of inspection and copying. (2) Rendering upon request, true and full information of all things affecting any transaction that concerns the community property. Nothing in this section is intended to impose a duty for either spouse to keep detailed books and records of community property transactions. (3) Accounting to the spouse, and holding as a trustee, any benefit or profit derived from any transaction by one spouse without the consent of the other spouse that concerns the community property. (Amended by Stats. 2019, Ch. 43, Sec. 1. (AB 327) Effective January 1, 2020.)
  7. 750.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [700 - 755] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Property Rights During Marriage [750 - 755] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    Spouses may hold property in several specified forms, including joint tenancy, tenancy in common, or community property.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [700 - 755] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Property Rights During Marriage [750 - 755] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 750. Spouses may hold property as joint tenants or tenants in common, or as community property, or as community property with a right of survivorship. (Amended by Stats. 2014, Ch. 82, Sec. 13. (SB 1306) Effective January 1, 2015.)
  8. 7500.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. RIGHTS OF PARENTS [7500 - 7507] ( Heading of Part 1 amended by Stats. 1993, Ch. 219, Sec. 160. )

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    The mother of an unemancipated minor child, and a presumed father, are equally entitled to the child’s services and earnings. If one parent is unavailable or has abandoned the child, the other parent is entitled to them, except for certain contracts covered by Section 6750.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. RIGHTS OF PARENTS [7500 - 7507] ( Heading of Part 1 amended by Stats. 1993, Ch. 219, Sec. 160. ) ## 7500. (a) The mother of an unemancipated minor child, and the father, if presumed to be the father under Section 7611, are equally entitled to the services and earnings of the child. (b) If one parent is dead, is unable or refuses to take custody, or has abandoned the child, the other parent is entitled to the services and earnings of the child. (c) This section shall not apply to any services or earnings of an unemancipated minor child related to a contract of a type described in Section 6750. (Amended by Stats. 1999, Ch. 940, Sec. 8. Effective January 1, 2000.)
  9. 7501.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. RIGHTS OF PARENTS [7500 - 7507] ( Heading of Part 1 amended by Stats. 1993, Ch. 219, Sec. 160. )

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    A parent with custody of a child has the right to change the child’s residence, but the court may stop a move if it would harm the child’s rights or welfare.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. RIGHTS OF PARENTS [7500 - 7507] ( Heading of Part 1 amended by Stats. 1993, Ch. 219, Sec. 160. ) ## 7501. (a) A parent entitled to the custody of a child has a right to change the residence of the child, subject to the power of the court to restrain a removal that would prejudice the rights or welfare of the child. (b) It is the intent of the Legislature to affirm the decision in In re Marriage of Burgess (1996) 13 Cal.4th 25, and to declare that ruling to be the public policy and law of this state. (Amended by Stats. 2003, Ch. 674, Sec. 1. Effective January 1, 2004.)
  10. 7502.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. RIGHTS OF PARENTS [7500 - 7507] ( Heading of Part 1 amended by Stats. 1993, Ch. 219, Sec. 160. )

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    A parent, as such, has no control over a child’s property.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. RIGHTS OF PARENTS [7500 - 7507] ( Heading of Part 1 amended by Stats. 1993, Ch. 219, Sec. 160. ) ## 7502. The parent, as such, has no control over the property of the child. (Added by Stats. 1993, Ch. 219, Sec. 165. Effective January 1, 1994.)
  11. 7503.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. RIGHTS OF PARENTS [7500 - 7507] ( Heading of Part 1 amended by Stats. 1993, Ch. 219, Sec. 160. )

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    An employer of a minor must pay the minor’s earnings to the minor unless and until the minor’s parent or guardian gives notice claiming those earnings.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. RIGHTS OF PARENTS [7500 - 7507] ( Heading of Part 1 amended by Stats. 1993, Ch. 219, Sec. 160. ) ## 7503. The employer of a minor shall pay the earnings of the minor to the minor until the parent or guardian entitled to the earnings gives the employer notice that the parent or guardian claims the earnings. (Added by Stats. 1993, Ch. 219, Sec. 166. Effective January 1, 1994.)
  12. 7504.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. RIGHTS OF PARENTS [7500 - 7507] ( Heading of Part 1 amended by Stats. 1993, Ch. 219, Sec. 160. )

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    A parent may give up the right to control the child and receive the child’s earnings; the parent’s abandonment is presumptive evidence of that giving up.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. RIGHTS OF PARENTS [7500 - 7507] ( Heading of Part 1 amended by Stats. 1993, Ch. 219, Sec. 160. ) ## 7504. The parent, whether solvent or insolvent, may relinquish to the child the right of controlling the child and receiving the child’s earnings. Abandonment by the parent is presumptive evidence of that relinquishment. (Added by Stats. 1993, Ch. 219, Sec. 167. Effective January 1, 1994.)
  13. 7505.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. RIGHTS OF PARENTS [7500 - 7507] ( Heading of Part 1 amended by Stats. 1993, Ch. 219, Sec. 160. )

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    A parent’s authority ends if a court appoints a guardian for the child, the child marries, or the child reaches the age of majority.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. RIGHTS OF PARENTS [7500 - 7507] ( Heading of Part 1 amended by Stats. 1993, Ch. 219, Sec. 160. ) ## 7505. The authority of a parent ceases on any of the following: (a) The appointment, by a court, of a guardian of the person of the child. (b) The marriage of the child. (c) The child attaining the age of majority. (Added by Stats. 1993, Ch. 219, Sec. 168. Effective January 1, 1994.)
  14. 7506.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. RIGHTS OF PARENTS [7500 - 7507] ( Heading of Part 1 amended by Stats. 1993, Ch. 219, Sec. 160. )

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    If an adult child keeps serving and being supported by a parent, neither party can claim compensation unless they agreed to it.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. RIGHTS OF PARENTS [7500 - 7507] ( Heading of Part 1 amended by Stats. 1993, Ch. 219, Sec. 160. ) ## 7506. Where a child, after attaining the age of majority, continues to serve and to be supported by the parent, neither party is entitled to compensation, in the absence of an agreement for the compensation. (Added by Stats. 1993, Ch. 219, Sec. 169. Effective January 1, 1994.)
  15. 7507.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. RIGHTS OF PARENTS [7500 - 7507] ( Heading of Part 1 amended by Stats. 1993, Ch. 219, Sec. 160. )

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    Abuse of parental authority can be brought before a court in a civil action by the child, certain relatives, or county supervisors.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. RIGHTS OF PARENTS [7500 - 7507] ( Heading of Part 1 amended by Stats. 1993, Ch. 219, Sec. 160. ) ## 7507. The abuse of parental authority is the subject of judicial cognizance in a civil action brought by the child, or by the child’s relative within the third degree, or by the supervisors of the county where the child resides; and when the abuse is established, the child may be freed from the dominion of the parent, and the duty of support and education enforced. (Added by Stats. 1993, Ch. 219, Sec. 170. Effective January 1, 1994.)
  16. 751.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [700 - 755] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Property Rights During Marriage [750 - 755] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    Each spouse has present, existing, and equal interests in community property while the marriage continues.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [700 - 755] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Property Rights During Marriage [750 - 755] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 751. The respective interests of each spouse in community property during continuance of the marriage relation are present, existing, and equal interests. (Amended by Stats. 2014, Ch. 82, Sec. 14. (SB 1306) Effective January 1, 2015.)
  17. 752.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [700 - 755] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Property Rights During Marriage [750 - 755] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    Except where another statute provides otherwise, spouses have no interest in each other’s separate property.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [700 - 755] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Property Rights During Marriage [750 - 755] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 752. Except as otherwise provided by statute, neither spouse has any interest in the separate property of the other. (Amended by Stats. 2014, Ch. 82, Sec. 15. (SB 1306) Effective January 1, 2015.)
  18. 753.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [700 - 755] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Property Rights During Marriage [750 - 755] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A spouse may not exclude the other spouse from the other spouse’s dwelling, subject to the stated exceptions.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [700 - 755] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Property Rights During Marriage [750 - 755] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 753. Notwithstanding Section 752 and except as provided in Article 2 (commencing with Section 2045), Article 3 (commencing with Section 2047), or Article 4 (commencing with Section 2049) of Chapter 4 of Part 1 of Division 6, neither spouse may be excluded from the other’s dwelling. (Amended by Stats. 1993, Ch. 219, Sec. 99.5. Effective January 1, 1994.)
  19. 754.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [700 - 755] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Property Rights During Marriage [750 - 755] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    If a notice of a dissolution, nullity, or legal separation case is recorded where either spouse lives, separate real property of one spouse cannot be transferred, encumbered, or otherwise disposed of for three months unless the court orders otherwise.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [700 - 755] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Property Rights During Marriage [750 - 755] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 754. If notice of the pendency of a proceeding for dissolution of the marriage, for nullity of the marriage, or for legal separation of the parties is recorded in any county in which either spouse resides on real property that is the separate property of the other, the real property shall not for a period of three months thereafter be transferred, encumbered, or otherwise disposed of voluntarily or involuntarily without the joinder of both spouses, unless the court otherwise orders. (Amended by Stats. 2014, Ch. 82, Sec. 16. (SB 1306) Effective January 1, 2015.)
  20. 7540.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 1. Child of Wife Cohabiting With Husband [7540 - 7541] ( Chapter 1 heading added by Stats. 1993, Ch. 219, Sec. 172. )

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    A child conceived and born while spouses were living together is conclusively presumed to be a child of the marriage, unless Section 7541 applies or the court finds the husband was impotent or sterile at conception and the child was not conceived through assisted reproduction.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 1. Child of Wife Cohabiting With Husband [7540 - 7541] ( Chapter 1 heading added by Stats. 1993, Ch. 219, Sec. 172. ) ## 7540. (a) Except as provided in Section 7541, the child of spouses who cohabited at the time of conception and birth is conclusively presumed to be a child of the marriage. (b) The conclusive marital presumption in subdivision (a) does not apply if the court determines that the husband of the woman who gave birth was impotent or sterile at the time of conception and that the child was not conceived through assisted reproduction. (Repealed and added by Stats. 2018, Ch. 876, Sec. 5. (AB 2684) Effective January 1, 2019.)
  21. 7541.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 1. Child of Wife Cohabiting With Husband [7540 - 7541] ( Chapter 1 heading added by Stats. 1993, Ch. 219, Sec. 172. )

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    This section sets deadlines and filing limits for challenges to presumed parentage, requires a sworn factual declaration with the petition or motion, and restricts when genetic testing may be used.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 1. Child of Wife Cohabiting With Husband [7540 - 7541] ( Chapter 1 heading added by Stats. 1993, Ch. 219, Sec. 172. ) ## 7541. (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. (Amended by Stats. 2019, Ch. 115, Sec. 80. (AB 1817) Effective January 1, 2020.)
  22. 755.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [700 - 755] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Property Rights During Marriage [750 - 755] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section defines several ERISA-related terms and says a qualifying plan payment or refund normally frees the plan sponsor and related payors from adverse claims, unless prior written notice of another claim was received.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [700 - 755] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Property Rights During Marriage [750 - 755] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 755. (a) The terms “participant,” “beneficiary,” “employer,” “employee organization,” “named fiduciary,” “fiduciary,” and “administrator,” as used in subdivision (b), have the same meaning as provided in Section 3 of the Employee Retirement Income Security Act of 1974 (P.L. 93-406) (ERISA), as amended (29 U.S.C.A. Sec. 1002). The term “employee benefit plan” has the same meaning as provided in Section 80 of this code. The term “trustee” shall include a “named fiduciary” as that term is employed in ERISA. The term “plan sponsor” shall include an “employer” or “employee organization,” as those terms are used in ERISA (29 U.S.C.A. Sec. 1002). (b) Notwithstanding Sections 751 and 1100, if payment or refund is made to a participant or the participant’s, employee’s, or former employee’s beneficiary or estate pursuant to an employee benefit plan including a plan governed by the Employee Retirement Income Security Act of 1974 (P.L. 93-406), as amended, the payment or refund fully discharges the plan sponsor and the administrator, trustee, or insurance company making the payment or refund from all adverse claims thereto unless, before the payment or refund is made, the plan sponsor or the administrator of the plan has received written notice by or on behalf of some other person that the other person claims to be entitled to the payment or refund or some part thereof. Nothing in this section affects or releases the participant from claims which may exist against the participant by a person other than the plan sponsor, trustee, administrator, or other person making the benefit payment. (Amended by Stats. 1994, Ch. 1269, Sec. 12. Effective January 1, 1995.)
  23. 7550.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 2. Genetic Testing to Determine Parentage [7550 - 7562] ( Heading of Chapter 2 amended by Stats. 2018, Ch. 876, Sec. 7. )

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    This chapter governs genetic testing of a person who submits voluntarily or is ordered to submit by a court or local child support agency, and the use of genetic testing in a parentage proceeding.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 2. Genetic Testing to Determine Parentage [7550 - 7562] ( Heading of Chapter 2 amended by Stats. 2018, Ch. 876, Sec. 7. ) ## 7550. This chapter shall govern both of the following: (a) The genetic testing of a person who either voluntarily submits to genetic testing or is ordered to submit to genetic testing pursuant to an order of a court or local child support agency. (b) The use of genetic testing in a proceeding to determine parentage. (Repealed and added by Stats. 2018, Ch. 876, Sec. 9. (AB 2684) Effective January 1, 2019.)
  24. 7550.5.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 2. Genetic Testing to Determine Parentage [7550 - 7562] ( Heading of Chapter 2 amended by Stats. 2018, Ch. 876, Sec. 7. )

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    This section defines terms used in this chapter on genetic testing and parentage.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 2. Genetic Testing to Determine Parentage [7550 - 7562] ( Heading of Chapter 2 amended by Stats. 2018, Ch. 876, Sec. 7. ) ## 7550.5. The following definitions shall apply to this chapter: (a) “Combined relationship index” means the product of all tested relationship indices. (b) “Ethnic or racial group” means, for the purpose of genetic testing, a recognized group that a person identifies as the person’s ancestry, or part of the ancestry, or that is identified by other information. (c) “Genetic testing” means any genetic testing that complies with Section 7552. (d) “Hypothesized genetic relationship” means an asserted genetic relationship between a person and a child. (e) “Probability of parentage” means, for the ethnic or racial group to which a person alleged to be a parent belongs, the probability that a hypothesized genetic relationship is supported, compared to the probability that a genetic relationship is supported between the child and a random person of the ethnic or racial group used in the hypothesized genetic relationship, expressed as a percentage incorporating the combined relationship index and a prior probability. (f) “Relationship index” means a likelihood ratio that compares the probability of a genetic marker given a hypothesized genetic relationship and the probability of the genetic marker given a genetic relationship between the child and a random person of the ethnic or racial group used in the hypothesized genetic relationship. (Added by Stats. 2018, Ch. 876, Sec. 10. (AB 2684) Effective January 1, 2019.)
  25. 7551.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 2. Genetic Testing to Determine Parentage [7550 - 7562] ( Heading of Chapter 2 amended by Stats. 2018, Ch. 876, Sec. 7. )

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    In parentage cases, the court may order genetic testing of the birth mother, child, and alleged genetic parent, and must do so on a party’s timely motion, except where subdivisions (b) and (c) limit testing.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 2. Genetic Testing to Determine Parentage [7550 - 7562] ( Heading of Chapter 2 amended by Stats. 2018, Ch. 876, Sec. 7. ) ## 7551. (a) Except as provided in subdivisions (b) and (c), in a civil action or proceeding in which parentage is a relevant fact, the court may, upon its own initiative or upon suggestion made by or on behalf of any person who is involved, and shall upon motion of any party to the action or proceeding made at a time so as not to delay the proceedings unduly, order the woman who gave birth, the child, and the alleged genetic parent to submit to genetic testing. (b) (1) Genetic testing shall not be used for any of the following purposes: (A) To challenge the parentage of a person who is a parent pursuant to subdivision (a) of Section 7613, except to resolve a dispute whether the child was conceived through assisted reproduction. (B) To challenge the parentage of a person who is a parent pursuant to Section 7962, except to resolve a dispute whether the gestational carrier surrogate is a genetic parent. (C) To establish the parentage of a person who is a donor pursuant to Section 7613, except to resolve a dispute whether the child was conceived through assisted reproduction. (2) If the child has a presumed parent pursuant to Section 7540, a motion for genetic testing is governed by Section 7541. (3) If the child has a parent whose parentage has been previously established in a judgment, a request for genetic testing shall be governed by Section 7647.7. (4) A court shall not order genetic testing if the genetic testing would be used to establish the parentage of a person who is prohibited under this division from establishing parentage based on evidence of genetic testing. (c) A court shall not order in utero genetic testing. (d) In any case under this division in which genetic testing is ordered, the following shall apply: (1) If a party refuses to submit to genetic testing, the court may resolve the question of parentage against that party or enforce its order if the rights of others and the interests of justice so require. (2) The refusal of a party to submit to genetic testing is admissible in evidence in any proceeding to determine parentage. (3) If two or more persons are subject to court-ordered genetic testing, the court may order that the testing be completed concurrently or sequentially. (4) Genetic testing of a woman who gave birth to a child is not a condition precedent to the testing of the child and a person whose genetic parentage of the child is being determined. If the woman is unavailable for genetic testing, the court may order genetic testing of the child and each person whose genetic parentage of the child is at issue. (5) An order under this division for genetic testing is enforceable by contempt. (Amended by Stats. 2023, Ch. 851, Sec. 3. (AB 1650) Effective January 1, 2024.)
  26. 7551.5.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 2. Genetic Testing to Determine Parentage [7550 - 7562] ( Heading of Chapter 2 amended by Stats. 2018, Ch. 876, Sec. 7. )

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    Hospitals, local child support agencies, welfare offices, and family courts must facilitate genetic tests for enforcement of this chapter.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 2. Genetic Testing to Determine Parentage [7550 - 7562] ( Heading of Chapter 2 amended by Stats. 2018, Ch. 876, Sec. 7. ) ## 7551.5. All hospitals, local child support agencies, welfare offices, and family courts shall facilitate genetic tests for purposes of enforcement of this chapter. This may include having a health care professional available for purposes of extracting samples to be used for genetic testing. (Added by Stats. 1999, Ch. 652, Sec. 6. Effective January 1, 2000.)
  27. 7552.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 2. Genetic Testing to Determine Parentage [7550 - 7562] ( Heading of Chapter 2 amended by Stats. 2018, Ch. 876, Sec. 7. )

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    Genetic testing must be done by an accredited laboratory, and the lab must follow rules for choosing databases and recalculating relationship indexes when there is an objection.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 2. Genetic Testing to Determine Parentage [7550 - 7562] ( Heading of Chapter 2 amended by Stats. 2018, Ch. 876, Sec. 7. ) ## 7552. (a) Genetic testing shall be of a type reasonably relied on by experts in the field of genetic testing and performed in a testing laboratory accredited by either of the following: (1) The AABB, formerly known as the American Association of Blood Banks, or a successor organization. (2) An accrediting body designated by the Secretary of the United States Department of Health and Human Services. (b) A specimen used in genetic testing may consist of a sample or a combination of samples of blood, buccal cells, bone, hair, or other body tissue or fluid. The specimen used in the testing need not be of the same kind for each person undergoing genetic testing. (c) Based on the ethnic or racial group of a person undergoing genetic testing, a testing laboratory shall determine the databases from which to select frequencies for use in calculating a relationship index. If a person or a local child support agency objects to the laboratory’s choice, the following rules shall apply: (1) Not later than 30 days after receipt of the report of the test, the objecting person or local child support agency may request the court to require the laboratory to recalculate the relationship index using an ethnic or racial group different from that used by the laboratory. (2) The person or local child support agency objecting to the choice of laboratories under this subdivision shall do either of the following: (A) If the requested frequencies are not available to the laboratory for the ethnic or racial group requested, provide the requested frequencies compiled in a manner recognized by accrediting bodies. (B) Engage another laboratory to perform the calculations. (3) The laboratory may use its own statistical estimate if there is a question of which ethnic or racial group is appropriate. The laboratory shall calculate the frequencies using statistics, if available, for any other ethnic or racial group requested. (d) If, after recalculation of the relationship index pursuant to subdivision (c) using a different ethnic or racial group, genetic testing does not identify a person as a genetic parent of the child, the court may require a person who has been tested to submit to additional genetic testing to identify a genetic parent. (Repealed and added by Stats. 2018, Ch. 876, Sec. 14. (AB 2684) Effective January 1, 2019.)
  28. 7552.5.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 2. Genetic Testing to Determine Parentage [7550 - 7562] ( Heading of Chapter 2 amended by Stats. 2018, Ch. 876, Sec. 7. )

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    Genetic test results must be served on all parties before the hearing, with a qualifying declaration, and a timely written objection changes how the results are handled at trial or hearing.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 2. Genetic Testing to Determine Parentage [7550 - 7562] ( Heading of Chapter 2 amended by Stats. 2018, Ch. 876, Sec. 7. ) ## 7552.5. (a) A copy of the results of all genetic testing performed under Section 7551 or 7558 shall be served upon all parties, by any method of service authorized under Chapter 5 (commencing with Section 1010) of Title 14 of Part 2 of the Code of Civil Procedure except personal service, no later than 20 days prior to a hearing in which the genetic test results may be admitted into evidence. The genetic test results shall be accompanied by a declaration under penalty of perjury of the custodian of records or other qualified employee of the laboratory that conducted the genetic tests, stating in substance each of the following: (1) The declarant is the duly authorized custodian of the records or other qualified employee of the laboratory, and has authority to certify the records. (2) A statement that establishes in detail the chain of custody of all genetic samples collected, including the date on which the genetic sample was collected, the identity of each person from whom a genetic sample was collected, the identity of the person who performed or witnessed the collecting of the genetic samples and packaged them for transmission to the laboratory, the date on which the genetic samples were received by the laboratory, the identity of the person who unpacked the samples and forwarded them to the person who performed the laboratory analysis of the genetic sample, and the identification and qualifications of all persons who performed the laboratory analysis and published the results. (3) A statement that establishes that the procedures used by the laboratory to conduct the tests for which the test results are attached are used in the laboratory’s ordinary course of business to ensure accuracy and proper identification of genetic samples. (4) The genetic test results were prepared at or near the time of completion of the genetic tests by personnel of the business qualified to perform genetic tests in the ordinary course of business. (b) The genetic test results shall be admitted into evidence at the hearing or trial to establish parentage, without the need for foundation testimony of authenticity and accuracy, unless a written objection to the genetic test results is filed with the court and served on all other parties, by a party no later than five days prior to the hearing or trial in which parentage is at issue. (c) If a written objection is filed with the court and served on all parties within the time specified in subdivision (b), experts appointed by the court shall be called by the court as witnesses to testify to their findings and are subject to cross-examination by the parties. (Amended by Stats. 2018, Ch. 876, Sec. 15. (AB 2684) Effective January 1, 2019.)
  29. 7553.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 2. Genetic Testing to Determine Parentage [7550 - 7562] ( Heading of Chapter 2 amended by Stats. 2018, Ch. 876, Sec. 7. )

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    The court sets a reasonable compensation amount for each expert witness it appoints, and generally decides who pays it.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 2. Genetic Testing to Determine Parentage [7550 - 7562] ( Heading of Chapter 2 amended by Stats. 2018, Ch. 876, Sec. 7. ) ## 7553. (a) The compensation of each expert witness appointed by the court shall be fixed at a reasonable amount. It shall be paid as the court shall order. Except as provided in subdivision (b), the court may order that it be paid by the parties in the proportions and at the times the court prescribes, or that the proportion of any party be paid by the county, and that, after payment by the parties or the county or both, all or part or none of it be taxed as costs in the action or proceeding. (b) If the expert witness is appointed for the court’s needs, the compensation shall be paid by the court. (Amended by Stats. 2012, Ch. 470, Sec. 22. (AB 1529) Effective January 1, 2013.)
  30. 7554.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 2. Genetic Testing to Determine Parentage [7550 - 7562] ( Heading of Chapter 2 amended by Stats. 2018, Ch. 876, Sec. 7. )

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    The court must find a person to be the child’s parent if the mother is the only other parent or claimant and the person meets one of the listed conditions; in one situation, the court may also make that finding.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 2. Genetic Testing to Determine Parentage [7550 - 7562] ( Heading of Chapter 2 amended by Stats. 2018, Ch. 876, Sec. 7. ) ## 7554. (a) If the woman who gave birth to the child is the only other person who is a parent or has a claim to parentage of the child under this division, the court shall find the person who is the alleged father or genetic parent who is not a donor under Section 7613 to be a parent of the child if the person meets any of the following: (1) Is identified pursuant to Section 7555 as a genetic parent of the child and the identification is not successfully challenged. (2) Admits parentage in a pleading, when making an appearance, or during a hearing, the court accepts the admission, and the court determines that the person is a genetic parent of the child. (3) Declines to submit to genetic testing ordered by the court or a local child support agency, in which case, the court may find that the person is a parent of the child even if the person denies a genetic relationship with the child. (4) Is in default after service of process and the court determines the person to be a genetic parent of the child. (5) Is neither identified nor excluded as a genetic parent by genetic testing and, based on other evidence, the court determines the person to be a genetic parent of the child. (b) If more than one person other than the woman who gave birth asserts a claim under this division to be the child’s parent, parentage shall be determined under provisions of this division. (Amended by Stats. 2019, Ch. 115, Sec. 81. (AB 1817) Effective January 1, 2020.)
  31. 7555.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 2. Genetic Testing to Determine Parentage [7550 - 7562] ( Heading of Chapter 2 amended by Stats. 2018, Ch. 876, Sec. 7. )

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    This section sets when genetic testing can identify a person as a genetic parent, allows a limited challenge to the test results, and requires court-ordered further testing when multiple possible genetic parents are identified.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 2. Genetic Testing to Determine Parentage [7550 - 7562] ( Heading of Chapter 2 amended by Stats. 2018, Ch. 876, Sec. 7. ) ## 7555. (a) Subject to a challenge under subdivision (b), a person is identified under this part as a genetic parent of a child if genetic testing complies with this part and the results of the testing disclose both of the following: (1) The person has at least a 99 percent probability of parentage, using a prior probability of 0.50, as calculated by using the combined relationship index obtained in the testing. (2) A combined relationship index of at least 100 to 1. (b) A person identified pursuant to subdivision (a) as a genetic parent of the child may challenge the genetic testing results only by other genetic testing satisfying the requirements of this chapter that either excludes the person as a genetic parent of the child or identifies another person as a possible genetic parent of the child other than the woman who gave birth to the child or the person challenging parentage. (c) If more than one person, other than the woman who gave birth to the child, is identified by genetic testing as a possible genetic parent of the child, the court shall order each person to submit to further genetic testing to identify a genetic parent. (Repealed and added by Stats. 2018, Ch. 876, Sec. 19. (AB 2684) Effective January 1, 2019.)
  32. 7556.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 2. Genetic Testing to Determine Parentage [7550 - 7562] ( Heading of Chapter 2 amended by Stats. 2018, Ch. 876, Sec. 7. )

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    In criminal actions covered by this part, the court may order genetic testing only if a party applies or the court acts on its own. Expert compensation is paid by the county or, for experts appointed for the court’s needs, by the court. If the person is found not to be a genetic parent, the court may direct an acquittal; otherwise the case goes to determination on all the evidence.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 2. Genetic Testing to Determine Parentage [7550 - 7562] ( Heading of Chapter 2 amended by Stats. 2018, Ch. 876, Sec. 7. ) ## 7556. This part applies to criminal actions subject to the following limitations and provisions: (a) An order for genetic testing shall be made only upon application of a party or on the court’s initiative. (b) The compensation of the experts, other than an expert witness appointed by the court for the court’s needs, shall be paid by the county under order of court. The compensation of an expert witness appointed for the court’s needs shall be paid by the court. (c) The court may direct a verdict of acquittal if the person is found not to be a genetic parent pursuant to Section 7555, otherwise the case shall be submitted for determination upon all the evidence. (Amended by Stats. 2018, Ch. 876, Sec. 20. (AB 2684) Effective January 1, 2019.)
  33. 7557.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 2. Genetic Testing to Determine Parentage [7550 - 7562] ( Heading of Chapter 2 amended by Stats. 2018, Ch. 876, Sec. 7. )

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    A party in an action or proceeding may present other expert evidence, but if the party calls other expert witnesses, that party must pay their fees and only ordinary witness fees may be taxed as costs.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 2. Genetic Testing to Determine Parentage [7550 - 7562] ( Heading of Chapter 2 amended by Stats. 2018, Ch. 876, Sec. 7. ) ## 7557. Nothing in this part prevents a party to an action or proceeding from producing other expert evidence on the matter covered by this part; but, where other expert witnesses are called by a party to the action or proceeding, their fees shall be paid by the party calling them and only ordinary witness fees shall be taxed as costs in the action or proceeding. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  34. 7558.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 2. Genetic Testing to Determine Parentage [7550 - 7562] ( Heading of Chapter 2 amended by Stats. 2018, Ch. 876, Sec. 7. )

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    This section lets the local child support agency order genetic testing in certain contested parentage cases, but bars testing in listed exceptions and bars in utero testing.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 2. Genetic Testing to Determine Parentage [7550 - 7562] ( Heading of Chapter 2 amended by Stats. 2018, Ch. 876, Sec. 7. ) ## 7558. (a) This section applies only to cases where support enforcement services are being provided by the local child support agency pursuant to Section 17400. (b) In any civil action or proceeding in which parentage is a relevant fact, and in which the issue of parentage is contested, the local child support agency may issue an administrative order requiring the mother, child, and the alleged father to submit to genetic testing if any of the following conditions exist: (1) The person alleging parentage has signed a statement under penalty of perjury that sets forth facts that establish a reasonable possibility that the person is the child’s genetic parent. (2) The person denying parentage has signed a statement under penalty of perjury that sets forth facts that establish a reasonable possibility that the person is not a genetic parent of the child. (3) The alleged father has filed an answer in the action or proceeding in which parentage is a relevant fact and has requested that genetic tests be performed. (4) The woman who gave birth to the child and the alleged father agree in writing to submit to genetic tests. (c) Notwithstanding subdivision (b), the local child support agency may not order a person to submit to genetic tests in any of the following instances: (1) The person has been found to have good cause for failure to cooperate in the determination of parentage pursuant to Section 11477 of the Welfare and Institutions Code. (2) A case in which more than one person other than the woman who gave birth asserts a claim under this division to be the child’s parent. (3) A case involving a child conceived through assisted reproduction. (d) The local child support agency shall pay the costs of any genetic tests that are ordered under subdivision (b), subject to the county obtaining a court order for reimbursement from the alleged father if parentage is established pursuant to Section 7553. (e) This section does not prohibit a person who has been ordered by the local child support agency to submit to genetic tests pursuant to this section from filing a notice of motion with the court in the action or proceeding in which parentage is a relevant fact seeking relief from the local child support agency’s order to submit to genetic tests. In that event, the court shall resolve the issue of whether genetic tests should be ordered as provided in Section 7551. When a person refuses to submit to the tests after receipt of the administrative order pursuant to this section and fails to seek relief from the court from the administrative order either prior to the scheduled tests or within 10 days after the tests are scheduled, the court may resolve the question of parentage against that person or enforce the administrative order if the rights of others or the interest of justice so require. Except as provided in subdivision (c), a person’s refusal to submit to tests ordered by the local child support agency is admissible in evidence in any proceeding to determine parentage if a notice of motion is not filed within the timeframes specified in this subdivision. (f) If the original test result is contested, the local child support agency shall order an additional test only upon request and advance payment of the contestant. (g) The local child support agency shall not order in utero genetic testing. (h) The local child support agency shall administer this section consistent with federal law. (Amended by Stats. 2018, Ch. 876, Sec. 21. (AB 2684) Effective January 1, 2019.)
  35. 7559.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 2. Genetic Testing to Determine Parentage [7550 - 7562] ( Heading of Chapter 2 amended by Stats. 2018, Ch. 876, Sec. 7. )

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    The cost of initial genetic testing must be paid in advance if the parties agree or the court orders it under Section 7640.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 2. Genetic Testing to Determine Parentage [7550 - 7562] ( Heading of Chapter 2 amended by Stats. 2018, Ch. 876, Sec. 7. ) ## 7559. Payment of the cost of initial genetic testing shall be made in advance when agreed to by the parties or ordered by the court pursuant to Section 7640. (Added by Stats. 2018, Ch. 876, Sec. 22. (AB 2684) Effective January 1, 2019.)
  36. 7560.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 2. Genetic Testing to Determine Parentage [7550 - 7562] ( Heading of Chapter 2 amended by Stats. 2018, Ch. 876, Sec. 7. )

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    The court or local child support agency must order additional genetic testing if a person requests it after contesting the initial test results under Section 7555.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 2. Genetic Testing to Determine Parentage [7550 - 7562] ( Heading of Chapter 2 amended by Stats. 2018, Ch. 876, Sec. 7. ) ## 7560. The court or local child support agency shall order additional genetic testing upon the request of a person who contests the results of the initial testing under Section 7555. (Added by Stats. 2018, Ch. 876, Sec. 23. (AB 2684) Effective January 1, 2019.)
  37. 7562.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 2. Genetic Testing to Determine Parentage [7550 - 7562] ( Heading of Chapter 2 amended by Stats. 2018, Ch. 876, Sec. 7. )

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    If a person seeking genetic testing shows good cause, the court may order genetic testing of a deceased person.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 2. Genetic Testing to Determine Parentage [7550 - 7562] ( Heading of Chapter 2 amended by Stats. 2018, Ch. 876, Sec. 7. ) ## 7562. If a person seeking genetic testing demonstrates good cause, the court may order genetic testing of a deceased person. (Added by Stats. 2018, Ch. 876, Sec. 24. (AB 2684) Effective January 1, 2019.)
  38. 7570.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 3. Establishment of Parentage by Voluntary Declaration [7570 - 7581] ( Heading of Chapter 3 amended by Stats. 2018, Ch. 876, Sec. 25. )

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    This section says California has a compelling interest in establishing parentage for all children, and the section becomes operative on January 1, 2020.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 3. Establishment of Parentage by Voluntary Declaration [7570 - 7581] ( Heading of Chapter 3 amended by Stats. 2018, Ch. 876, Sec. 25. ) ## 7570. (a) The Legislature hereby finds and declares as follows: (1) There is a compelling state interest in establishing parentage for all children. Establishing parentage is the first step toward a child support award, which, in turn, provides children with equal rights and access to benefits, including, but not limited to, social security, health insurance, survivors’ benefits, military benefits, and inheritance rights. (2) A simple administrative system allowing for establishment of voluntary parentage will result in a significant increase in the ease of establishing parentage, a significant increase in parentage establishment, an increase in the number of children who have greater access to child support and other benefits, and a significant decrease in the time and money required to establish parentage due to the removal of the need for a lengthy and expensive court process to determine and establish parentage and is in the public interest. (b) This section shall become operative on January 1, 2020. (Repealed and added by Stats. 2018, Ch. 876, Sec. 27. (AB 2684) Effective January 1, 2019. Section operative January 1, 2020, by its own provisions.)
  39. 7571.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 3. Establishment of Parentage by Voluntary Declaration [7570 - 7581] ( Heading of Chapter 3 amended by Stats. 2018, Ch. 876, Sec. 25. )

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    This section sets out how voluntary declarations of parentage must be offered, witnessed, forwarded, and made available.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 3. Establishment of Parentage by Voluntary Declaration [7570 - 7581] ( Heading of Chapter 3 amended by Stats. 2018, Ch. 876, Sec. 25. ) ## 7571. (a) On and after January 1, 1995, upon the event of a live birth, prior to an unmarried mother or a mother who gave birth to a child conceived through assisted reproduction leaving a hospital, the person responsible for registering live births under Section 102405 of the Health and Safety Code shall provide to the woman giving birth and shall attempt to provide, at the place of birth, to the person identified by the woman giving birth as either the only possible genetic parent other than the woman who gave birth or the intended parent of a child conceived through assisted reproduction, a voluntary declaration of parentage together with the written materials described in Section 7572. Staff in the hospital shall witness the signatures of parents signing a voluntary declaration of parentage and shall forward the signed declaration to the Department of Child Support Services within 20 days of the date the declaration was signed. A copy of the declaration shall be made available to each of the attesting parents. (b) A health care provider shall not be subject to civil, criminal, or administrative liability for a negligent act or omission relative to the accuracy of the information provided or for filing the declaration with the appropriate state or local agencies. (c) The local child support agency shall pay the sum of ten dollars ($10) to birthing hospitals and other entities that provide prenatal services for each completed declaration of parentage that is filed with the Department of Child Support Services, provided that the local child support agency and the hospital or other entity providing prenatal services has entered into a written agreement that specifies the terms and conditions for the payment as required by federal law. (d) If the declaration is not registered by the person responsible for registering live births at the hospital, it may be completed by the attesting parents, notarized, and mailed to the Department of Child Support Services at any time after the child’s birth. (e) Prenatal clinics shall offer prospective parents the opportunity to sign a voluntary declaration of parentage. In order to be paid for their services as provided in subdivision (c), prenatal clinics must ensure that the form is witnessed and forwarded to the Department of Child Support Services within 20 days of the date the declaration was signed. (f) Declarations shall be made available without charge at all local child support agency offices, offices of local registrars of births and deaths, courts, and county welfare departments within this state. Staff in these offices shall witness the signatures of parents wishing to sign a voluntary declaration of parentage and shall be responsible for forwarding the signed declaration to the Department of Child Support Services within 20 days of the date the declaration was signed. (g) The Department of Child Support Services, at its option, may pay the sum of ten dollars ($10) to local registrars of births and deaths, county welfare departments, or courts for each completed declaration of parentage that is witnessed by staff in these offices and filed with the Department of Child Support Services. In order to receive payment, the Department of Child Support Services and the entity shall enter into a written agreement that specifies the terms and conditions for payment as required by federal law. The Department of Child Support Services shall study the effect of the ten dollar ($10) payment on obtaining completed voluntary declaration of parentage forms. (h) The Department of Child Support Services and local child support agencies shall publicize the availability of the declarations. The local child support agency shall make the declaration, together with the written materials described in subdivision (a) of Section 7572, available upon request to any parent and any agency or organization that is required to offer parents the opportunity to sign a voluntary declaration of parentage. The local child support agency shall also provide qualified staff to answer parents’ questions regarding the declaration and the process of establishing parentage. (i) Copies of the declaration and any rescissions filed with the Department of Child Support Services shall be made available only to the parents, the child, the local child support agency, the county welfare department, the county counsel, the State Department of Public Health, and the courts. (j) Publicly funded or licensed health clinics, pediatric offices, Head Start programs, child care centers, social services providers, prisons, and schools may offer parents the opportunity to sign a voluntary declaration of parentage. In order to be paid for their services as provided in subdivision (c), publicly funded or licensed health clinics, pediatric offices, Head Start programs, child care centers, social services providers, prisons, and schools shall ensure that the form is witnessed and forwarded to the Department of Child Support Services. (k) An agency or organization required to offer parents the opportunity to sign a voluntary declaration of parentage shall also identify parents who are willing to sign but were unavailable when the child was born. The organization shall then contact these parents within 10 days and again offer the parent the opportunity to sign a voluntary declaration of parentage. (l) This section shall become operative on January 1, 2020. (Amended by Stats. 2023, Ch. 131, Sec. 59. (AB 1754) Effective January 1, 2024.)
  40. 7572.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 3. Establishment of Parentage by Voluntary Declaration [7570 - 7581] ( Heading of Chapter 3 amended by Stats. 2018, Ch. 876, Sec. 25. )

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    The Department of Child Support Services must prepare and update written parentage materials, provide them and the declaration form to birth-related facilities, and make training available; it may also adopt implementing regulations.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 3. Establishment of Parentage by Voluntary Declaration [7570 - 7581] ( Heading of Chapter 3 amended by Stats. 2018, Ch. 876, Sec. 25. ) ## 7572. (a) The Department of Child Support Services, in consultation with the State Department of Health Care Services, the California Association of Hospitals and Health Systems, and other affected health provider organizations, shall work cooperatively to develop written materials to assist providers and parents in complying with this chapter. These written materials shall be updated periodically by the Department of Child Support Services to reflect changes in law, procedures, or public need. (b) The written materials for unmarried parents or parents of a child conceived through assisted reproduction that shall be attached to the form specified in Section 7574 and shall contain the following information: (1) A signed voluntary declaration of parentage that is filed with the Department of Child Support Services legally establishes parentage. (2) The legal rights and obligations of both parents and the child that result from the establishment of parentage. (3) An alleged father’s constitutional rights to have the issue of parentage decided by a court; to notice of any hearing on the issue of parentage; to have an opportunity to present the alleged father’s case to the court, including the right to present and cross-examine witnesses; to be represented by an attorney; and to have an attorney appointed if the alleged father cannot afford one in a parentage action filed by a local child support agency. (4) That by signing the voluntary declaration of parentage, the father is voluntarily waiving the father’s constitutional rights. (c) Parents shall also be given oral notice of the rights and responsibilities specified in subdivision (b). Oral notice may be accomplished through the use of audio- or video-recorded programs developed by the Department of Child Support Services to the extent permitted by federal law. (d) The Department of Child Support Services shall, free of charge, make available to hospitals, clinics, and other places of birth all informational and training materials for the program under this chapter, as well as the declaration of parentage form. The Department of Child Support Services shall make training available to every participating hospital, clinic, local registrar of births and deaths, and other place of birth no later than June 30, 1999. (e) The Department of Child Support Services may adopt regulations, including emergency regulations, necessary to implement this chapter. (Amended by Stats. 2023, Ch. 131, Sec. 60. (AB 1754) Effective January 1, 2024.)
  41. 7573.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 3. Establishment of Parentage by Voluntary Declaration [7570 - 7581] ( Heading of Chapter 3 amended by Stats. 2018, Ch. 876, Sec. 25. )

    Verify source ↗

    Certain parents may sign a voluntary declaration of parentage, and the court must recognize qualifying out-of-state declarations.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 3. Establishment of Parentage by Voluntary Declaration [7570 - 7581] ( Heading of Chapter 3 amended by Stats. 2018, Ch. 876, Sec. 25. ) ## 7573. (a) The following persons may sign a voluntary declaration of parentage to establish the parentage of the child: (1) An unmarried woman who gave birth to the child and another person who is a genetic parent. (2) A married or unmarried woman who gave birth to the child and another person who is a parent under Section 7613 of a child conceived through assisted reproduction. (b) A voluntary declaration of parentage shall be in a record signed by the woman who gave birth to the child and by either the only possible genetic parent other than the woman who gave birth or the intended parent of a child conceived through assisted reproduction, and the signatures shall be attested by a notary or witnessed. (c) Except as provided by Section 7580, a voluntary declaration of parentage takes effect on the filing of the document with the Department of Child Support Services. (d) Except as provided in Sections 7573.5, 7575, 7576, 7577, and 7580, a completed voluntary declaration of parentage that complies with this chapter and that has been filed with the Department of Child Support Services is equivalent to a judgment of parentage of the child and confers on the declarant all rights and duties of a parent. (e) The court shall give full faith and credit to a voluntary declaration of parentage effective in another state if the declaration was in a signed record and otherwise complies with the law of the other state. (f) This section shall become operative on January 1, 2020. (Repealed and added by Stats. 2018, Ch. 876, Sec. 33. (AB 2684) Effective January 1, 2019. Section operative January 1, 2020, by its own provisions.)
  42. 7573.5.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 3. Establishment of Parentage by Voluntary Declaration [7570 - 7581] ( Heading of Chapter 3 amended by Stats. 2018, Ch. 876, Sec. 25. )

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    A voluntary declaration of parentage is void if any listed conditions exist when it is signed, and notice must be provided under Section 7635 in an action to have the declaration declared void.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 3. Establishment of Parentage by Voluntary Declaration [7570 - 7581] ( Heading of Chapter 3 amended by Stats. 2018, Ch. 876, Sec. 25. ) ## 7573.5. (a) A voluntary declaration of parentage is void if, at the time of signing, any of the following are true: (1) A person other than the woman who gave birth to the child or a person seeking to establish parentage through a voluntary declaration of parentage is a presumed parent under Section 7540 or subdivision (a), (b), or (c) of Section 7611. (2) A court has entered a judgment of parentage of the child. (3) Another person has signed a valid voluntary declaration of parentage. (4) The child has a parent under Section 7613 or 7962 other than the signatories. (5) The person seeking to establish parentage is a donor pursuant to Section 7613. (6) The person seeking to establish parentage asserts that the person is a parent under Section 7613 and the child was not conceived through assisted reproduction. (b) In an action in which a party is seeking a determination that a voluntary declaration of parentage is void under this section, notice shall be provided pursuant to Section 7635. (Amended by Stats. 2023, Ch. 851, Sec. 4. (AB 1650) Effective January 1, 2024.)
  43. 7574.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 3. Establishment of Parentage by Voluntary Declaration [7570 - 7581] ( Heading of Chapter 3 amended by Stats. 2018, Ch. 876, Sec. 25. )

    Verify source ↗

    The Department of Child Support Services must develop the form used for a voluntary declaration of parentage.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 3. Establishment of Parentage by Voluntary Declaration [7570 - 7581] ( Heading of Chapter 3 amended by Stats. 2018, Ch. 876, Sec. 25. ) ## 7574. (a) The voluntary declaration of parentage shall be executed on a form developed by the Department of Child Support Services in consultation with the State Department of Public Health and groups addressing child support, child custody, assisted reproduction issues, and lesbian, gay, bisexual, and transgender rights. (b) The form described in subdivision (a) shall contain, at a minimum, all of the following: (1) The name and the signature of the woman who gave birth to the child. (2) The name and the signature of the person seeking to establish parentage. (3) The name of the child. (4) The date of birth of the child. (5) For a voluntary declaration of parentage signed pursuant to paragraph (1) of subdivision (a) of Section 7573, all of the following: (A) A statement by the woman who gave birth that the woman is unmarried and understands the written materials described in Section 7572, that the person who is signing the voluntary declaration of parentage is the only possible genetic parent other than the woman who gave birth, that the woman who gave birth consents to the establishment of parentage by the genetic parent signing the voluntary declaration of parentage, and that the woman who gave birth understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration. (B) A statement by the person signing the voluntary declaration of parentage that the person has read and understands the written materials described in Section 7572, understands that by signing the voluntary declaration of parentage the person is waiving rights as described in the written materials, that the person is the genetic parent of the child, that the person consents to the establishment of parentage by signing the voluntary declaration of parentage, that the person is assuming all the rights and responsibilities of a parent and wishes to be named on the child’s birth certificate, and that the person understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration. (6) For a voluntary declaration of parentage signed pursuant to paragraph (2) of subdivision (a) of Section 7573, all of the following: (A) A statement by the woman who gave birth that the woman has read and understands the written materials described in Section 7572, that the person who is signing the voluntary declaration of parentage is the intended parent of a child conceived through assisted reproduction, that the woman who gave birth consents to the establishment of parentage by the other person signing the voluntary declaration of parentage, and that the woman who gave birth understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration. (B) A statement that the person seeking to establish parentage has read and understands the written materials described in Section 7572, understands that by signing the voluntary declaration of parentage the person is waiving rights as described in the written materials, that the person is the intended parent of the child conceived through assisted reproduction, that the person consents to the establishment of parentage by signing the voluntary declaration of parentage, that the person is assuming all the rights and responsibilities of a parent and wishes to be named on the child’s birth certificate, and that the person understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration. (7) The name and the signature of the person who witnesses the signing of the declaration. (Amended (as added by Stats. 2018, Ch. 876, Sec. 36) by Stats. 2019, Ch. 115, Sec. 84. (AB 1817) Effective January 1, 2020.)
  44. 7575.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 3. Establishment of Parentage by Voluntary Declaration [7570 - 7581] ( Heading of Chapter 3 amended by Stats. 2018, Ch. 876, Sec. 25. )

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    A parent may rescind a voluntary declaration of parentage by filing a rescission form with the Department of Child Support Services within 60 days, unless a custody, visitation, or child support court order already applies.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 3. Establishment of Parentage by Voluntary Declaration [7570 - 7581] ( Heading of Chapter 3 amended by Stats. 2018, Ch. 876, Sec. 25. ) ## 7575. (a) Either parent may rescind the voluntary declaration of parentage by filing a rescission form with the Department of Child Support Services within 60 days of the date of execution of the declaration by the attesting parents, whichever signature is later, unless a court order for custody, visitation, or child support has been entered in an action in which the signatory seeking to rescind was a party. The Department of Child Support Services shall develop a form to be used by parents to rescind the declaration of parentage and instructions on how to complete and file the rescission with the Department of Child Support Services. The form shall include a declaration under penalty of perjury completed by the person filing the rescission form that certifies that a copy of the rescission form was sent by any form of mail requiring a return receipt to the other person who signed the voluntary declaration of parentage. A copy of the return receipt shall be attached to the rescission form when filed with the Department of Child Support Services. The form and instructions shall be written in simple, easy to understand language and shall be made available at the local family support office and the office of local registrar of births and deaths. The department shall, upon written request, provide to a court or commissioner a copy of any rescission form filed with the department that is relevant to proceedings before the court or commissioner. (b) This section shall become operative on January 1, 2020. (Repealed and added by Stats. 2018, Ch. 876, Sec. 38. (AB 2684) Effective January 1, 2019. Section operative January 1, 2020, by its own provisions.)
  45. 7576.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 3. Establishment of Parentage by Voluntary Declaration [7570 - 7581] ( Heading of Chapter 3 amended by Stats. 2018, Ch. 876, Sec. 25. )

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    A signatory may challenge a voluntary declaration of parentage after rescission ends, but only within two years of the section 7573 effective date, and only for fraud, duress, or material mistake of fact.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 3. Establishment of Parentage by Voluntary Declaration [7570 - 7581] ( Heading of Chapter 3 amended by Stats. 2018, Ch. 876, Sec. 25. ) ## 7576. (a) After the period for rescission provided in Section 7575 expires, but not later than two years after the effective date provided in subdivision (c) of Section 7573 of a voluntary declaration of parentage, a signatory of the voluntary declaration of parentage may commence a proceeding to challenge the declaration on the basis of fraud, duress, or material mistake of fact. (b) The limitations period provided in subdivision (a) shall not apply if the voluntary declaration of parentage is void under Section 7573.5. (c) This section shall become operative on January 1, 2020. (Repealed and added by Stats. 2018, Ch. 876, Sec. 40. (AB 2684) Effective January 1, 2019. Section operative January 1, 2020, by its own provisions.)
  46. 7577.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 3. Establishment of Parentage by Voluntary Declaration [7570 - 7581] ( Heading of Chapter 3 amended by Stats. 2018, Ch. 876, Sec. 25. )

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    This section sets the procedure for challenging a valid voluntary declaration of parentage.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 3. Establishment of Parentage by Voluntary Declaration [7570 - 7581] ( Heading of Chapter 3 amended by Stats. 2018, Ch. 876, Sec. 25. ) ## 7577. The following rules apply in an action to challenge a valid voluntary declaration of parentage brought by a person who is not a signatory to the declaration. This section does not apply to a voluntary declaration of parentage that is void under Section 7573.5. (a) A person has standing under this section if the person is an alleged genetic parent who is not a donor under Section 7613, is a presumed parent under Section 7611, or any person who has standing under Section 7630. (b) The petition challenging a voluntary declaration of parentage pursuant to this section shall be supported by a declaration under oath alleging specific facts to support standing under this section. (c) If the court holds a hearing to determine standing, the hearing shall be held on an expedited basis. If the person challenging the voluntary declaration of parentage is an alleged genetic parent, genetic testing shall be ordered on an expedited basis. (d) The action shall be filed not later than two years after the effective date of the declaration. This limitations period does not apply if the voluntary declaration of parentage is void under Section 7573.5. (e) Notice shall be provided to the signatories of the declaration and to any person entitled to notice under Section 7635. A person who asserts a claim to parentage under this division shall be joined in the action. (f) With respect to whether the voluntary declaration of parentage should be set aside, the person petitioning to set aside the voluntary declaration of parentage shall have the burden of proof by a preponderance of the evidence. (g) The court may grant the petition to set aside the voluntary declaration of parentage only if the court finds that setting aside the voluntary declaration of parentage is in the best interest of the child, based on consideration of all of the following factors: (1) The age of the child. (2) The length of time since the effective date of the voluntary declaration of parentage. (3) The nature, duration, and quality of any relationship between the person who signed the voluntary declaration of parentage and the child, including the duration and frequency of any time periods during which the child and the person resided in the same household or enjoyed a parent and child relationship. (4) The request of the person who signed the voluntary declaration of parentage that the parent and child relationship continue. (5) If the person challenges a voluntary declaration of parentage signed pursuant to paragraph (1) of subdivision (a) of Section 7573, the court shall additionally consider all of the following: (A) Notice by the genetic parent of the child that the genetic parent does not oppose preservation of the relationship between the person who signed the declaration of parentage and the child. (B) Whether any conduct of the person who signed the voluntary declaration has impaired the ability to ascertain the identity of, or obtain support from, the genetic parent. (6) Additional factors deemed by the court to be relevant to its determination of the best interest of the child. (h) If the voluntary declaration of parentage is challenged by a person who is presumed to be a parent under subdivision (d) of Section 7611, the court’s ruling on the petition to set aside the voluntary declaration of parentage shall, in addition to the factors under subdivision (g), also take into account the nature, duration, and quality of the relationship between the petitioning party and the child and the benefit or detriment to the child of continuing that relationship. (i) If the court denies the petition to set aside the voluntary declaration of parentage, the court shall state on the record the basis for the denial of the action and any supporting facts. (j) (1) If the court grants the petition to set aside the voluntary declaration of parentage, the court shall adjudicate parentage pursuant to Section 7612. (2) An order for custody, visitation, or child support shall remain in effect until the court determines that the voluntary declaration of parentage should be set aside, subject to the court’s power to modify the orders as otherwise provided by law. (k) This section does not prejudice or bar the rights of a person who is not a signatory and has standing under subdivision (a) to file an action or motion to set aside the voluntary declaration of parentage on any of the grounds described in, and within the time limits specified in, Section 473 of the Code of Civil Procedure. If the action or motion to set aside a judgment is required to be filed within a specified time period under Section 473 of the Code of Civil Procedure, the period within which the action or motion to set aside the voluntary declaration of parentage must be filed shall commence on the date that the court makes an initial order for custody, visitation, or child support based upon a voluntary declaration of parentage. (l) This section does not restrict a court from acting as a court of equity. (m) The Judicial Council shall develop the forms and procedures necessary to effectuate this section. (Amended (as added by Stats. 2018, Ch. 876, Sec. 42) by Stats. 2019, Ch. 115, Sec. 85. (AB 1817) Effective January 1, 2020.)
  47. 7578.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 3. Establishment of Parentage by Voluntary Declaration [7570 - 7581] ( Heading of Chapter 3 amended by Stats. 2018, Ch. 876, Sec. 25. )

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    If someone challenges a voluntary declaration of parentage, the court must include every signatory in the challenge proceeding, may not suspend related legal responsibilities unless good cause is shown, and must order a new birth certificate if the court’s decision conflicts with the child’s birth certificate.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 3. Establishment of Parentage by Voluntary Declaration [7570 - 7581] ( Heading of Chapter 3 amended by Stats. 2018, Ch. 876, Sec. 25. ) ## 7578. (a) Every signatory to a voluntary declaration of parentage shall be made a party to a proceeding to challenge the declaration. (b) By signing a voluntary declaration, a signatory submits to personal jurisdiction in this state in a proceeding to challenge the declaration, effective on the filing of the declaration with the Department of Child Support Services. (c) The court shall not suspend the legal responsibilities arising from a voluntary declaration of parentage, including the duty to pay child support, during the pendency of a proceeding to challenge the voluntary declaration of parentage, unless the party challenging the declaration shows good cause. (d) A party challenging a voluntary declaration of parentage has the burden of proof by a preponderance of the evidence. (e) If the judgment or order of the court is at variance with the child’s birth certificate, the court shall order that a new birth certificate be issued as prescribed in Article 2 (commencing with Section 102725) of Chapter 5 of Part 1 of Division 102 of the Health and Safety Code. (f) This section shall become operative on January 1, 2020. (Added by Stats. 2018, Ch. 876, Sec. 43. (AB 2684) Effective January 1, 2019. Section operative January 1, 2020, by its own provisions.)
  48. 7580.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 3. Establishment of Parentage by Voluntary Declaration [7570 - 7581] ( Heading of Chapter 3 amended by Stats. 2018, Ch. 876, Sec. 25. )

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    A minor who signs a voluntary declaration of parentage may rescind it, but only within the stated 60-day window after reaching 18 or becoming emancipated.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 3. Establishment of Parentage by Voluntary Declaration [7570 - 7581] ( Heading of Chapter 3 amended by Stats. 2018, Ch. 876, Sec. 25. ) ## 7580. (a) Notwithstanding subdivision (c) of Section 7573, a voluntary declaration of parentage that is signed by a minor parent does not establish parentage until 60 days after both signatories have reached 18 years of age or are emancipated, whichever first occurs. (b) A person who signs a voluntary declaration of parentage as a minor may rescind the voluntary declaration of parentage at any time up to 60 days after the signatory reaches 18 years of age or becomes emancipated, whichever first occurs. (c) A voluntary declaration of parentage signed by a minor creates a rebuttable presumption for or against parentage until the date that it establishes parentage as specified in subdivision (a). (d) A voluntary declaration of parentage signed by a minor shall be admissible as evidence in a civil action to establish parentage of the minor named in the voluntary declaration. (e) A voluntary declaration of parentage that is signed by a minor shall not be admissible as evidence in a criminal prosecution for violation of Section 261.5 of the Penal Code. (Amended by Stats. 2019, Ch. 115, Sec. 86. (AB 1817) Effective January 1, 2020.)
  49. 7581.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 3. Establishment of Parentage by Voluntary Declaration [7570 - 7581] ( Heading of Chapter 3 amended by Stats. 2018, Ch. 876, Sec. 25. )

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    For voluntary declarations signed on or before December 31, 1996, the section gives the child a conclusive paternity presumption, allows rebuttal by genetic testing, and requires a supporting declaration and a motion within three years.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540 - 7581] ( Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3. ) ## CHAPTER 3. Establishment of Parentage by Voluntary Declaration [7570 - 7581] ( Heading of Chapter 3 amended by Stats. 2018, Ch. 876, Sec. 25. ) ## 7581. The following provisions shall apply for voluntary declarations signed on or before December 31, 1996. (a) Except as provided in subdivision (d), the child of a woman and a man executing a declaration of paternity under this chapter is conclusively presumed to be the man’s child. The presumption under this section has the same force and effect as the presumption under Section 7540. (b) A voluntary declaration of paternity shall be recognized as the basis for the establishment of an order for child custody or support. (c) In an action to rebut the presumption created by this section, a voluntary declaration of paternity shall be admissible as evidence to determine paternity of the child named in the voluntary declaration of paternity. (d) The presumption established by this section may be rebutted by any person by requesting genetic testing pursuant to Chapter 2 (commencing with Section 7550). The notice of motion for genetic testing 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 paternity before the court. The notice of motion for genetic testing shall be made within three years from the date of execution of the declaration by the attesting father, or by the attesting mother, whichever signature is later. The two-year statute of limitations specified in subdivision (b) of Section 7541 is inapplicable for purposes of this section. (e) A presumption under this section shall override all statutory presumptions of paternity, except a presumption arising under Section 7540, a claim made pursuant to Section 7555, or as provided in Section 7612. (f) This section shall become operative on January 1, 2020. (Added by Stats. 2018, Ch. 876, Sec. 45. (AB 2684) Effective January 1, 2019. Section operative January 1, 2020, by its own provisions.)
  50. 760.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHARACTERIZATION OF MARITAL PROPERTY [760 - 853] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Community Property [760 - 761] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    Property acquired by a married person during marriage while domiciled in this state is community property, unless another statute provides otherwise.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHARACTERIZATION OF MARITAL PROPERTY [760 - 853] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Community Property [760 - 761] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 760. Except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  51. 7600.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [7600 - 7606] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This part may be cited as the Uniform Parentage Act.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [7600 - 7606] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7600. This part may be cited as the Uniform Parentage Act. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  52. 7601.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [7600 - 7606] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section defines “natural parent” and “parent and child relationship,” and says a child may have more than two parents under this part.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [7600 - 7606] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7601. (a) “Natural parent” as used in this code means a nonadoptive parent established under this part, whether biologically related to the child or not. (b) “Parent and child relationship” as used in this part means the legal relationship existing between a child and the child’s natural or adoptive parents incident to which the law confers or imposes rights, privileges, duties, and obligations. The term includes the mother and child relationship and the father and child relationship. (c) This part does not preclude a finding that a child has a parent and child relationship with more than two parents. (d) For purposes of state law, administrative regulations, court rules, government policies, common law, and any other provision or source of law governing the rights, protections, benefits, responsibilities, obligations, and duties of parents, any reference to two parents shall be interpreted to apply to every parent of a child where that child has been found to have more than two parents under this part. (Amended by Stats. 2013, Ch. 564, Sec. 5.5. (SB 274) Effective January 1, 2014.)
  53. 7602.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [7600 - 7606] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    The parent and child relationship applies equally to every child and every parent, no matter the parents’ marital status.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [7600 - 7606] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7602. The parent and child relationship extends equally to every child and to every parent, regardless of the marital status of the parents. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  54. 7603.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [7600 - 7606] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    Section 3140 applies to proceedings under this part.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [7600 - 7606] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7603. Section 3140 is applicable to proceedings pursuant to this part. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  55. 7604.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [7600 - 7606] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A court may issue temporary custody or visitation relief if it finds a parent-child relationship exists under Sections 7540 or 7541 and the order is in the child’s best interest.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [7600 - 7606] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7604. A court may order pendente lite relief consisting of a custody or visitation order pursuant to Part 2 (commencing with Section 3020) of Division 8, if the court finds both of the following: (a) A parent and child relationship exists pursuant to Section 7540 or 7541. (b) The custody or visitation order would be in the best interest of the child. (Amended by Stats. 2018, Ch. 876, Sec. 46. (AB 2684) Effective January 1, 2019.)
  56. 7604.5.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [7600 - 7606] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    Bills for pregnancy, childbirth, and genetic testing are admissible as evidence without third-party foundation testimony, and they count as prima facie evidence of the costs of those services.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [7600 - 7606] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7604.5. Notwithstanding any other provision of law, bills for pregnancy, childbirth, and genetic testing shall be admissible as evidence without third-party foundation testimony and shall constitute prima facie evidence of costs incurred for those services. (Added by Stats. 1997, Ch. 599, Sec. 44. Effective January 1, 1998.)
  57. 7605.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [7600 - 7606] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    In child custody and visitation proceedings, the court must make sure both sides can get legal representation and can order one party to pay attorney’s fees and costs when needed.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [7600 - 7606] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7605. (a) In any proceeding to establish physical or legal custody of a child or a visitation order under this part, and in any proceeding subsequent to entry of a related judgment, the court shall ensure that each party has access to legal representation to preserve each party’s rights by ordering, if necessary based on the income and needs assessments, one party, except a government entity, to pay to the other party, or to the other party’s attorney, whatever amount is reasonably necessary for attorney’s fees and for the cost of maintaining or defending the proceeding during the pendency of the proceeding. (b) When a request for attorney’s fees and costs is made under this section, the court shall make findings on whether an award of attorney’s fees and costs is appropriate, whether there is a disparity in access to funds to retain counsel, and whether one party is able to pay for legal representation of both parties. If the findings demonstrate disparity in access and ability to pay, the court shall make an order awarding attorney’s fees and costs. A party who lacks the financial ability to hire an attorney may request, as an in pro per litigant, that the court order the other party, if that other party has the financial ability, to pay a reasonable amount to allow the unrepresented party to retain an attorney in a timely manner before proceedings in the matter go forward. (c) Attorney’s fees and costs within this section may be awarded for legal services rendered or costs incurred before or after the commencement of the proceeding. (d) The court shall augment or modify the original award for attorney’s fees and costs as may be reasonably necessary for the prosecution or defense of a proceeding described in subdivision (a), or any proceeding related thereto, including after any appeal has been concluded. (e) Except as provided in subdivision (f), an application for a temporary order making, augmenting, or modifying an award of attorney’s fees, including a reasonable retainer to hire an attorney, or costs, or both, shall be made by motion on notice or by an order to show cause during the pendency of any proceeding described in subdivision (a). (f) The court shall rule on an application for fees under this section within 15 days of the hearing on the motion or order to show cause. An order described in subdivision (a) may be made without notice by an oral motion in open court at either of the following times: (1) At the time of the hearing of the cause on the merits. (2) At any time before entry of judgment against a party whose default has been entered pursuant to Section 585 or 586 of the Code of Civil Procedure. The court shall rule on any motion made pursuant to this subdivision within 15 days and prior to the entry of any judgment. (Amended by Stats. 2012, Ch. 107, Sec. 3. (AB 1406) Effective January 1, 2013.)
  58. 7606.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [7600 - 7606] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section defines “assisted reproduction” and “assisted reproduction agreement.”

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [7600 - 7606] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7606. As used in this part, the following definitions shall apply: (a) “Assisted reproduction” means conception by any means other than sexual intercourse. (b) “Assisted reproduction agreement” means a written contract that includes a person who intends to be the legal parent of a child or children born through assisted reproduction and that defines the terms of the relationship between the parties to the contract. (Added by Stats. 2006, Ch. 806, Sec. 1. Effective January 1, 2007.)
  59. 761.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHARACTERIZATION OF MARITAL PROPERTY [760 - 853] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Community Property [760 - 761] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    Community property put into a trust generally stays community property during marriage unless the trust or transfer document says otherwise, and trustees may manage the trust without both spouses’ consent unless the trust requires it.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHARACTERIZATION OF MARITAL PROPERTY [760 - 853] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Community Property [760 - 761] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 761. (a) Unless the trust instrument or the instrument of transfer expressly provides otherwise, community property that is transferred in trust remains community property during the marriage, regardless of the identity of the trustee, if the trust, originally or as amended before or after the transfer, provides that the trust is revocable as to that property during the marriage and the power, if any, to modify the trust as to the rights and interests in that property during the marriage may be exercised only with the joinder or consent of both spouses. (b) Unless the trust instrument expressly provides otherwise, a power to revoke as to community property may be exercised by either spouse acting alone. Community property, including any income or appreciation, that is distributed or withdrawn from a trust by revocation, power of withdrawal, or otherwise, remains community property unless there is a valid transmutation of the property at the time of distribution or withdrawal. (c) The trustee may convey and otherwise manage and control the trust property in accordance with the provisions of the trust without the joinder or consent of either spouse unless the trust expressly requires the joinder or consent of one or both spouses. (d) This section applies to a transfer made before, on, or after July 1, 1987. (e) Nothing in this section affects the community character of property that is transferred before, on, or after July 1, 1987, in any manner or to a trust other than described in this section. (Amended by Stats. 2014, Ch. 82, Sec. 17. (SB 1306) Effective January 1, 2015.)
  60. 7610.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Establishing Parent and Child Relationship [7610 - 7614] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section says a parent-child relationship may be established in specified ways.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Establishing Parent and Child Relationship [7610 - 7614] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7610. The parent and child relationship may be established as follows: (a) Between a child and the natural parent, it may be established by proof of having given birth to the child, or under this part. (b) Between a child and an adoptive parent, it may be established by proof of adoption. (Amended by Stats. 2013, Ch. 510, Sec. 2. (AB 1403) Effective January 1, 2014.)
  61. 7611.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Establishing Parent and Child Relationship [7610 - 7614] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A person is presumed to be a child’s natural parent if the listed conditions are met.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Establishing Parent and Child Relationship [7610 - 7614] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7611. 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. (Amended by Stats. 2019, Ch. 115, Sec. 87. (AB 1817) Effective January 1, 2020.)
  62. 7611.5.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Establishing Parent and Child Relationship [7610 - 7614] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A man is not presumed to be a child’s natural father when Section 7611 does not apply and one of the stated conditions is met.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Establishing Parent and Child Relationship [7610 - 7614] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7611.5. Where Section 7611 does not apply, a man shall not be presumed to be the natural father of a child if either of the following is true: (a) The child was conceived as a result of an act in violation of Section 261 of the Penal Code and the father was convicted of that violation. (b) The child was conceived as a result of an act in violation of Section 261.5 of the Penal Code, the father was convicted of that violation, and the mother was under the age of 15 years and the father was 21 years of age or older at the time of conception. (Added by Stats. 1993, Ch. 219, Sec. 177. Effective January 1, 1994.)
  63. 7612.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Establishing Parent and Child Relationship [7610 - 7614] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A court may recognize more than two parents in an appropriate case if limiting parentage to two would harm the child, and the court must consider all relevant factors. A voluntary declaration of parentage may be considered, but not as the deciding factor.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Establishing Parent and Child Relationship [7610 - 7614] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7612. (a) Except as provided in Chapter 1 (commencing with Section 7540) and Chapter 3 (commencing with Section 7570) of Part 2, a presumption under Section 7611 is a rebuttable presumption affecting the burden of proof and may be rebutted in an appropriate action only by clear and convincing evidence. (b) If two or more presumptions arise under Section 7611 that conflict with each other, or if one or more presumptions under Section 7611 conflict with a claim by a person identified as a genetic parent pursuant to Section 7555, the presumption that on the facts is founded on the weightier considerations of policy and logic controls. If one of the presumed parents is also a presumed parent under Section 7540, the presumption arising under Section 7540 may only be rebutted pursuant to Section 7541. (c) In an appropriate action, a court may find that more than two persons with a claim to parentage under this division are parents if the court finds that recognizing only two parents would be detrimental to the child. In determining detriment to the child, the court shall consider all relevant factors, including, but not limited to, the harm of removing the child from a stable placement with a parent who has fulfilled the child’s physical needs and the child’s psychological needs for care and affection, and who has assumed that role for a substantial period of time. A finding of detriment to the child does not require a finding of unfitness of any of the parents or persons with a claim to parentage. (d) Unless a court orders otherwise after making the determination specified in subdivision (c), a presumption under Section 7611 is rebutted by a judgment establishing parentage of the child by another person. (e) A person’s offer or refusal to sign a voluntary declaration of parentage may be considered as a factor, but shall not be determinative, as to the issue of legal parentage in a proceeding regarding the establishment or termination of parental rights. (f) This section shall become operative on January 1, 2020. (Repealed and added by Stats. 2018, Ch. 876, Sec. 48. (AB 2684) Effective January 1, 2019. Section operative January 1, 2020, by its own provisions.)
  64. 7613.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Establishing Parent and Child Relationship [7610 - 7614] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section sets parentage rules for assisted reproduction and embryo agreements.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Establishing Parent and Child Relationship [7610 - 7614] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7613. (a) (1) If a woman conceives through assisted reproduction with semen or ova or both donated by a donor who is not the woman’s spouse, with the consent of another intended parent, that intended parent is treated in law as if that intended parent is the natural parent of a child thereby conceived. The other intended parent’s consent shall be in writing and signed by the other intended parent and the woman conceiving through assisted reproduction. (2) Failure to consent in writing, as required by paragraph (1), does not preclude the court from finding that the intended parent consented if the court finds by clear and convincing evidence that, prior to the conception of the child, the woman and the intended parent had an oral agreement that the woman and the intended parent would both be parents of the child. (b) (1) The donor of semen provided to a licensed physician and surgeon or to a licensed sperm bank for use in assisted reproduction by a woman other than the donor’s spouse is treated in law as if the donor is not the natural parent of a child thereby conceived, unless the donor and the woman signed a written agreement before the conception of the child, that the donor would be a parent. (2) If the semen is not provided to a licensed physician and surgeon or a licensed sperm bank as specified in paragraph (1), the donor of semen for use in assisted reproduction by a woman other than the donor’s spouse is treated in law as if the donor is not the natural parent of a child thereby conceived if either of the following are met: (A) The donor and the woman signed a written agreement before conception that the donor would not be a parent. (B) A court finds by clear and convincing evidence that the child was conceived through assisted reproduction and that, prior to the conception of the child, the woman and the donor had an oral agreement that the donor would not be a parent. (c) A person providing ova for use in assisted reproduction by a person other than the provider’s spouse or nonmarital partner is treated in law as if the provider is not the natural parent of a child thereby conceived unless the court finds satisfactory evidence that the provider of the ova, and each recipient, intended for that provider to have parental rights. (d) (1) A provider of an embryo for use in assisted reproduction to an intended parent who is not the provider’s spouse or nonmarital partner is treated in law as if the provider is not the natural parent of a child thereby conceived unless the court finds satisfactory evidence that the provider and the intended parent intended for the provider to be a parent. (2) If the provider of ova, semen, or embryos is not the original source of the ova or sperm, each original provider’s written consent to the donation is required unless that person has executed a writing to consent to the donation, or to waive or relinquish their right to the genetic material, or as otherwise ordered by a court of law. (e) (1) Notwithstanding any other law, persons who are not married to one another and who share legal control over the disposition of embryos shall not be prevented from entering into a written agreement whereby one person renounces all legal interest in the embryos, with the specific intent that the person renouncing all legal interest shall not be a legal parent of any child conceived with use of the embryos, despite any prior oral or written agreements, or legal judgments to the contrary. After that interest has been renounced in a writing signed by all persons with legal interest in or control over disposition of the embryos, the renouncing person shall be treated in law as a donor, and not a legal parent. Upon execution of that agreement, the person who retains legal interest in and control over disposition of the embryos shall have the sole right to determine the use and disposition of the embryos, including the right to attempt conception of a child, subject to any limitation pursuant to paragraph (2) of subdivision (d). Either party may file the agreement with the court, and the court shall issue an order establishing the nonparentage of the donor. (2) If persons who share legal control over and interest in one or more embryos are married to one another at the time of signing the agreement, the agreement shall only become legally binding upon the court’s entry of a final decree of dissolution that incorporates the agreement, after which the presumptions pursuant to Section 7540 or subdivisions (a), (b), or (c) of Section 7611 shall not apply. (Amended by Stats. 2023, Ch. 851, Sec. 5. (AB 1650) Effective January 1, 2024.)
  65. 7613.5.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Establishing Parent and Child Relationship [7610 - 7614] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    An intended parent may use the section’s forms to show intent to be a legal parent, but does not have to, and the forms are not for gestational carrier or surrogacy agreements.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Establishing Parent and Child Relationship [7610 - 7614] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7613.5. (a) An intended parent may, but is not required to, use the forms set forth in this section to demonstrate the intent to be a legal parent of a child conceived through assisted reproduction. These forms shall satisfy the writing requirement specified in Section 7613, and are designed to provide clarity regarding the intentions, at the time of conception, of intended parents using assisted reproduction. These forms do not affect any presumptions of parentage based on Section 7611, and do not preclude a court from considering any other claims to parentage under California statute or case law. (b) These forms apply only in very limited circumstances. Please read the forms carefully to see if you qualify for use of the forms. (c) These forms do not apply to assisted reproduction agreements for gestational carriers or surrogacy agreements. (d) This section does not require the use of one of these forms to satisfy the writing requirement of Section 7613. (e) The following are the optional California Statutory Forms for Assisted Reproduction: California Statutory Forms for Assisted Reproduction, Form 1: Two Married or Unmarried People Using Assisted Reproduction to Conceive a Child Use this form if: You and another intended parent, who may be your spouse or registered domestic partner, are conceiving a child through assisted reproduction using sperm and/or egg donation; and one of you will be giving birth. WARNING: Signing this form does not terminate the parentage claim of a sperm donor. A sperm donor’s claim to parentage is terminated if the sperm is provided to a licensed physician and surgeon or to a licensed sperm bank prior to insemination, or if you conceive without having sexual intercourse and you have a written agreement signed by you and the donor that you will conceive using assisted reproduction and do not intend for the donor to be a parent, as required by Section 7613(b) of the Family Code. The laws about parentage of a child are complicated. You are strongly encouraged to consult with an attorney about your rights. Even if you do not fill out this form, a spouse or domestic partner of the parent giving birth is presumed to be a legal parent of any child born during the marriage or domestic partnership. This form demonstrates your intent to be parents of the child you plan to conceive through assisted reproduction using sperm and/or egg donation. I, ____________________ (print name of person not giving birth), intend to be a parent of a child that ____________________ (print name of person giving birth) will or has conceived through assisted reproduction using sperm and/or egg donation. I consent to the use of assisted reproduction by the person who will give birth. I INTEND to be a parent of the child conceived. SIGNATURES Intended parent who will give birth: ___________________ (print name) ________________________ (signature) ____________(date) Intended parent who will not give birth: ____________ (print name) _________________________ (signature) ___________(date) NOTARY ACKNOWLEDGMENT State of California County of ) _____ On before me, (insert name and title of the officer) personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature(Seal) California Statutory Forms for Assisted Reproduction, Form 2: Unmarried, Intended Parents Using Intended Parent’s Sperm to Conceive a Child Use this form if: (1) Neither you or the other person are married or in a registered domestic partnership (including a registered domestic partnership or civil union from another state); (2) one of you will give birth to a child conceived through assisted reproduction using the intended parent’s sperm; and (3) you both intend to be parents of that child. Do not use this form if you are conceiving using a surrogate. WARNING: If you do not sign this form, or a similar agreement, you may be treated as a sperm donor if you conceive without having sexual intercourse according to Section 7613(b) of the Family Code. The laws about parentage of a child are complicated. You are strongly encouraged to consult with an attorney about your rights. This form demonstrates your intent to be parents of the child you plan to conceive through assisted reproduction using sperm donation. I, ____________________ (print name of parent giving birth), plan to use assisted reproduction with another intended parent who is providing sperm to conceive the child. I am not married and am not in a registered domestic partnership (including a registered domestic partnership or civil union from another jurisdiction), and I INTEND for the person providing sperm to be a parent of the child to be conceived. I, ____________________ (print name of parent providing sperm), plan to use assisted reproduction to conceive a child using my sperm with the parent giving birth. I am not married and am not in a registered domestic partnership (including a registered domestic partnership or civil union from another jurisdiction), and I INTEND to be a parent of the child to be conceived. SIGNATURES Intended parent giving birth: ___________________ (print name) ________________________ (signature) ____________(date) Intended parent providing sperm: ____________ (print name) _________________________ (signature) ___________(date) NOTARY ACKNOWLEDGMENT State of California County of ) _____ On before me, (insert name and title of the officer) personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature(Seal) California Statutory Forms for Assisted Reproduction, Form 3: Intended Parents Conceiving a Child Using Eggs from One Parent and the Other Parent Will Give Birth Use this form if: You are conceiving a child using the eggs from one of you and the other person will give birth to the child; (2) and you both intend to be parents to that child. Do not use this form if you are conceiving using a surrogate. WARNING: Signing this form does not terminate the parentage claim of a sperm donor. A sperm donor’s claim to parentage is terminated if the sperm is provided to a licensed physician and surgeon or to a licensed sperm bank prior to insemination, or if you conceive without having sexual intercourse and you have a written agreement signed by you and the donor that you will conceive using assisted reproduction and do not intend for the donor to be a parent, as required by Section 7613(b) of the Family Code. The laws about parentage of a child are complicated. You are strongly encouraged to consult with an attorney about your rights. This form demonstrates your intent to be parents of the child you plan to conceive through assisted reproduction using eggs from one parent and the other parent will give birth to the child. I, ____________________ (print name of parent giving birth), plan to use assisted reproduction to conceive and give birth to a child with another person who will provide eggs to conceive the child. I INTEND for the person providing eggs to be a parent of the child to be conceived. I, ____________________ (print name of parent providing eggs), plan to use assisted reproduction to conceive a child with another person who will give birth to the child conceived using my eggs. I INTEND to be a parent of the child to be conceived. SIGNATURES Intended parent giving birth: ___________________ (print name) ________________________ (signature) ____________(date) Intended parent providing eggs: ____________ (print name) _________________________ (signature) ___________(date) NOTARY ACKNOWLEDGMENT State of California County of ) _____ On before me, (insert name and title of the officer) personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature(Seal) California Statutory Forms for Assisted Reproduction, Form 4: Intended Parent(s) Using a Known Sperm and/or Egg Donor(s) to Conceive a Child Use this form if: You are using a known sperm and/or egg donor(s), or embryo donation, to conceive a child and you do not intend for the donor(s) to be a parent. Do not use this form if you are conceiving using a surrogate. If you do not sign this form or a similar agreement, your sperm donor may be treated as a parent unless the sperm is provided to a licensed physician and surgeon or to a licensed sperm bank prior to insemination, or a court finds by clear and convincing evidence that you planned to conceive through assisted reproduction and did not intend for the donor to be a parent, as required by Section 7613(b) of the Family Code. If you do not sign this form or a similar agreement, your egg donor may be treated as a parent unless a court finds that there is satisfactory evidence that you planned to conceive through assisted reproduction and did not intend for the donor to be a parent, as required by Section 7613(c) of the Family Code. The laws about parentage of a child are complicated. You are strongly encouraged to consult with an attorney about your rights. This form demonstrates your intent that your sperm and/or egg or embryo donor(s) will not be a parent or parents of the child you plan to conceive through assisted reproduction. I, ____________________ (print name of parent giving birth), plan to use assisted reproduction to conceive using a sperm and/or egg donor(s) or embryo donation, and I DO NOT INTEND for the sperm and/or egg or embryo donor(s) to be a parent of the child to be conceived. (If applicable) I, ____________________ (print name of sperm donor), plan to donate my sperm to____________________ (print name of parent giving birth and second parent if applicable). I am not married to and am not in a registered domestic partnership (including a registered domestic partnership or a civil union from another jurisdiction) with ____________________ (print name of parent giving birth), and I DO NOT INTEND to be a parent of the child to be conceived. (If applicable) I, ____________________ (print name of egg donor), plan to donate my ova to____________________ (print name of parent giving birth and second parent if applicable). I am not married to and am not in a registered domestic partnership (including a registered domestic partnership or a civil union from another jurisdiction) with ____________________ (print name of parent giving birth), or any intimate and nonmarital relationship with ____________________ (print name of parent giving birth) and I DO NOT INTEND to be a parent of the child to be conceived. (If applicable) I, ____________________ (print name of intended parent not giving birth), INTEND to be a parent of the child that____________________ (print name of parent giving birth) will conceive through assisted reproduction using sperm and/or egg donation and I DO NOT INTEND for the sperm and/or egg or embryo donor(s) to be a parent. I consent to the use of assisted reproduction by the person who will give birth. SIGNATURES Intended parent giving birth: ___________________ (print name) ________________________ (signature) ____________(date) (If applicable) Sperm Donor: ___________________ (print name) ________________________ (signature) ____________(date) (If applicable) Egg Donor: ___________________ (print name) ________________________ (signature) ____________(date) (If applicable) Intended parent not giving birth: ____________ (print name) _________________________ (signature) ___________(date) NOTARY ACKNOWLEDGMENT State of California County of ) _____ On before me, (insert name and title of the officer) personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature(Seal) (Amended by Stats. 2019, Ch. 115, Sec. 89. (AB 1817) Effective January 1, 2020.)
  66. 7614.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Establishing Parent and Child Relationship [7610 - 7614] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A written promise to support a child does not need consideration and is enforceable subject to Section 7632. The court may keep the promise confidential and appoint someone to receive and distribute payments, especially when that is in the child’s or other parent’s best interest.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Establishing Parent and Child Relationship [7610 - 7614] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7614. (a) A promise in writing to furnish support for a child, growing out of a presumed parent or alleged father and child relationship, does not require consideration and, subject to Section 7632, is enforceable according to its terms. (b) In the best interest of the child or the other parent, the court may, and upon the promisor’s request shall, order the promise to be kept in confidence and designate a person or agency to receive and disburse on behalf of the child all amounts paid in performance of the promise. (Amended by Stats. 2013, Ch. 510, Sec. 6. (AB 1403) Effective January 1, 2014.)
  67. 7620.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Jurisdiction and Venue [7620- 7620.] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section says certain people submit to California court jurisdiction in parentage cases, and it sets where an action under this part must be filed.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Jurisdiction and Venue [7620- 7620.] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7620. (a) A person who has sexual intercourse or causes conception with the intent to become a legal parent by assisted reproduction in this state, or who enters into an assisted reproduction agreement for gestational carriers in this state, thereby submits to the jurisdiction of the courts of this state as to an action brought under this part with respect to a child who may have been conceived by that act of intercourse or assisted reproduction, or who may have been conceived as a result of that assisted reproduction agreement. (b) If a child is conceived pursuant to an assisted reproduction agreement for gestational carriers, as defined in Section 7960 and as described in Section 7962, the courts of this state shall have jurisdiction over a proceeding to determine parentage of the child if any of the following conditions is satisfied: (1) One or more of the parties to the assisted reproduction agreement for gestational carriers resides in this state, or resided in this state at the time the assisted reproduction agreement for gestational carriers was executed. (2) The medical procedures leading to conception, including in vitro fertilization or embryo transfer, or both, were carried out in this state. (3) The child is born in this state. (c) An action under this part shall be brought in one of the following: (1) The county in which the child resides or is found. (2) If the child is the subject of a pending or proposed adoption, any county in which a licensed California adoption agency to which the child has been relinquished or is proposed to be relinquished maintains an office. (3) If the child is the subject of a pending or proposed adoption, the county in which an office of the department or a public adoption agency investigating the petition is located. (4) If the parent is deceased, the county in which proceedings for probate of the estate of the parent of the child have been or could be commenced. (5) If the child was conceived pursuant to an assisted reproduction agreement for gestational carriers, any county described in subdivision (e) of Section 7962. (Amended by Stats. 2016, Ch. 385, Sec. 3. (AB 2349) Effective January 1, 2017.)
  68. 7630.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Determination of Parent and Child Relationship [7630 - 7644] ( Heading of Article 1 amended by Stats. 2018, Ch. 876, Sec. 50. )

    Verify source ↗

    This section lists who may file parentage actions, when they may be filed, and when the court must join related parties, consolidate proceedings, and require notice.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Determination of Parent and Child Relationship [7630 - 7644] ( Heading of Article 1 amended by Stats. 2018, Ch. 876, Sec. 50. ) ## 7630. (a) A child, the child’s natural mother, a person presumed to be the child’s parent under subdivision (a), (b), or (c) of Section 7611, a person seeking to be adjudicated as a parent or donor under Section 7613, an adoption agency to whom the child has been relinquished, or a prospective adoptive parent of the child may bring an action as follows: (1) At any time for the purpose of declaring the existence of the parent and child relationship presumed under subdivision (a), (b), or (c) of Section 7611, or established pursuant to Section 7613. (2) For the purpose of declaring the nonexistence of the parent and child relationship presumed under subdivision (a), (b), or (c) of Section 7611 only if the action is brought within a reasonable time after obtaining knowledge of relevant facts. After the presumption has been rebutted, parentage of the child by another person may be determined in the same action, if that person has been made a party. (3) At any time for the purpose of declaring the nonexistence of the parent and child relationship of a donor under Section 7613. (b) Any interested party may bring an action at any time for the purpose of determining the existence or nonexistence of the parent and child relationship presumed under subdivision (d) or (e) of Section 7611. (c) Except as to cases coming within Chapter 1 (commencing with Section 7540) of Part 2 or when paragraph (2) of subdivision (a) applies, an action to determine parentage may be brought by the child, a personal representative of the child, the Department of Child Support Services, a presumed parent or the personal representative or a parent of that presumed parent if that parent has died or is a minor, or, when the natural mother is the only presumed parent or an action under Section 300 of the Welfare and Institutions Code or adoption is pending, a man alleged or claiming to be the father or the personal representative or a parent of the alleged father if the alleged father has died or is a minor. (d) (1) If a proceeding has been filed under Chapter 2 (commencing with Section 7820) of Part 4, an action under subdivision (a) or (b) shall be consolidated with that proceeding. The parental rights of the presumed parent shall be determined as set forth in Sections 7820 to 7829, inclusive. (2) If a proceeding pursuant to Section 7662 has been filed under Chapter 5 (commencing with Section 7660), an action under subdivision (c) shall be consolidated with that proceeding. The parental rights of the alleged father shall be determined as set forth in Section 7664. (3) The consolidated action under paragraph (1) or (2) shall be heard in the court in which the proceeding under Section 7662 or Chapter 2 (commencing with Section 7820) of Part 4 is filed, unless the court finds, by clear and convincing evidence, that transferring the action to the other court poses a substantial hardship to the petitioner. Mere inconvenience does not constitute a sufficient basis for a finding of substantial hardship. If the court determines there is a substantial hardship, the consolidated action shall be heard in the court in which the parentage action is filed. (e) (1) If a prospective adoptive parent who has physical custody of the child, a licensed California adoption agency that has legal custody of the child or to which the mother proposes to relinquish the child for adoption, or a person whom the mother has designated as the prospective adoptive parent in a written statement executed before a hospital social worker, an adoption service provider, an adoption agency representative, or a notary public, has not been joined as a party to an action to determine the existence of a parent and child relationship under subdivision (a), (b), or (c), or an action for custody by a person claiming to be a parent under this division, the court shall join the prospective adoptive parent or licensed California adoption agency as a party upon application or on its own motion, without the necessity of a motion for joinder. A joined party shall not be required to pay a fee in connection with this action. (2) If a person brings an action to determine parentage and custody of a child who the person has reason to believe is in the physical or legal custody of an adoption agency, or of one or more persons other than the child’s parent who are prospective adoptive parents, the person shall serve the entire pleading on, and give notice of all proceedings to, the adoption agency or the prospective adoptive parents, or both. (f) A party to an assisted reproduction agreement may bring an action at any time to establish a parent and child relationship consistent with the intent expressed in that assisted reproduction agreement. (g) (1) In an action to determine the existence of the parent and child relationship brought pursuant to subdivision (b), if the child’s other parent has died and there are no existing court orders or pending court actions involving custody or guardianship of the child, then the persons having physical custody of the child shall be served with notice of the proceeding at least 15 days prior to the hearing, either by mail or in a manner authorized by the court. If a person identified as having physical custody of the child cannot be located, the court shall prescribe the manner of giving notice. (2) If known to the person bringing the parentage action, relatives within the second degree of the child shall be given notice of the proceeding at least 15 days prior to the hearing, either by mail or in a manner authorized by the court. If a person identified as a relative of the second degree of the child cannot be located, or the relative’s whereabouts are unknown or cannot be ascertained, the court shall prescribe the manner of giving notice, or shall dispense with giving notice to that person. (3) Proof of notice pursuant to this subdivision shall be filed with the court before the proceeding to determine the existence of the parent and child relationship is heard. (Amended by Stats. 2021, Ch. 124, Sec. 28. (AB 938) Effective January 1, 2022.)
  69. 7632.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Determination of Parent and Child Relationship [7630 - 7644] ( Heading of Article 1 amended by Stats. 2018, Ch. 876, Sec. 50. )

    Verify source ↗

    An agreement between an alleged father or presumed parent and the other parent or child does not stop an action under this chapter.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Determination of Parent and Child Relationship [7630 - 7644] ( Heading of Article 1 amended by Stats. 2018, Ch. 876, Sec. 50. ) ## 7632. Regardless of its terms, an agreement between an alleged father or a presumed parent and the other parent or child does not bar an action under this chapter. (Amended by Stats. 2013, Ch. 510, Sec. 9. (AB 1403) Effective January 1, 2014.)
  70. 7633.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Determination of Parent and Child Relationship [7630 - 7644] ( Heading of Article 1 amended by Stats. 2018, Ch. 876, Sec. 50. )

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    A case under this chapter may be filed before the child is born, and any resulting order or judgment is stayed until birth.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Determination of Parent and Child Relationship [7630 - 7644] ( Heading of Article 1 amended by Stats. 2018, Ch. 876, Sec. 50. ) ## 7633. An action under this chapter may be brought, an order or judgment may be entered before the birth of the child, and enforcement of that order or judgment shall be stayed until the birth of the child. (Amended by Stats. 2006, Ch. 806, Sec. 4. Effective January 1, 2007.)
  71. 7634.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Determination of Parent and Child Relationship [7630 - 7644] ( Heading of Article 1 amended by Stats. 2018, Ch. 876, Sec. 50. )

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    The local child support agency may bring an action under this chapter when it thinks that is appropriate, and the Department of Child Support Services may review service-of-process practices and develop ways to increase personal delivery service.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Determination of Parent and Child Relationship [7630 - 7644] ( Heading of Article 1 amended by Stats. 2018, Ch. 876, Sec. 50. ) ## 7634. (a) The local child support agency may, in the local child support agency’s discretion, bring an action under this chapter in any case in which the local child support agency believes it to be appropriate. (b) The Department of Child Support Services may review the current practices of service of process used by the local child support agencies pursuant to subdivision (a), and may develop methods to increase the number of persons served using personal delivery. (Amended by Stats. 2004, Ch. 849, Sec. 2. Effective January 1, 2005.)
  72. 7635.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Determination of Parent and Child Relationship [7630 - 7644] ( Heading of Article 1 amended by Stats. 2018, Ch. 876, Sec. 50. )

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    The section sets who must or may be made a party in a parentage action, requires notice and a chance to be heard for specified parents, and gives the court power to align parties and appoint private counsel for a minor child in some custody or visitation cases.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Determination of Parent and Child Relationship [7630 - 7644] ( Heading of Article 1 amended by Stats. 2018, Ch. 876, Sec. 50. ) ## 7635. (a) The child may, if under the age of 12 years, and shall, if 12 years of age or older, be made a party to the action. If the child is a minor and a party to the action, the child shall be represented by a guardian ad litem appointed by the court. The guardian ad litem need not be represented by counsel if the guardian ad litem is a relative of the child. (b) A natural parent, each person presumed to be a parent under Section 7611 or 7540, each person who is a parent of the child under Section 7613 or 7962, and each person alleged to be the genetic parent unless precluded under this division from establishing parentage based on genetic testing, shall be given notice of the action in the manner prescribed in Section 7666 and an opportunity to be heard, and shall be made a party if they request to be joined. Appointment of a guardian ad litem shall not be required for a minor who is a parent of the child who is the subject of the petition to establish parental relationship, unless the minor parent is unable to understand the nature of the proceedings or to assist counsel in preparing the case. (c) The court may align the parties. (d) In any initial or subsequent proceeding under this chapter where custody of, or visitation with, a minor child is in issue, the court may, if it determines it would be in the best interest of the minor child, appoint private counsel to represent the interests of the minor child pursuant to Chapter 10 (commencing with Section 3150) of Part 2 of Division 8. (Amended by Stats. 2018, Ch. 876, Sec. 52. (AB 2684) Effective January 1, 2019.)
  73. 7635.5.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Determination of Parent and Child Relationship [7630 - 7644] ( Heading of Article 1 amended by Stats. 2018, Ch. 876, Sec. 50. )

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    If the alleged father is present in court, the court must tell him about his right to genetic testing and his right to ask to set aside or vacate a parentage judgment within two years of notice.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Determination of Parent and Child Relationship [7630 - 7644] ( Heading of Article 1 amended by Stats. 2018, Ch. 876, Sec. 50. ) ## 7635.5. In any action brought pursuant to this article, if the alleged father is present in court for the action, the court shall inform the alleged father of the alleged father’s right to have genetic testing performed to determine the biological parentage of the child. The court shall further inform the alleged father of the alleged father’s right to move to set aside or vacate a judgment of parentage pursuant to Section 7646 within two years of the date notice of the action to establish parentage is received, and that after that time has expired the alleged father may not move to set aside or vacate the judgment of parentage, regardless of whether genetic testing shows the alleged father not to be the biological father of the child. (Amended by Stats. 2019, Ch. 115, Sec. 91. (AB 1817) Effective January 1, 2020.)
  74. 7636.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Determination of Parent and Child Relationship [7630 - 7644] ( Heading of Article 1 amended by Stats. 2018, Ch. 876, Sec. 50. )

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    A court judgment or order deciding whether a parent-child relationship exists is binding for all purposes, except in actions under Penal Code Section 270.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Determination of Parent and Child Relationship [7630 - 7644] ( Heading of Article 1 amended by Stats. 2018, Ch. 876, Sec. 50. ) ## 7636. The judgment or order of the court determining the existence or nonexistence of the parent and child relationship is determinative for all purposes except for actions brought pursuant to Section 270 of the Penal Code. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  75. 7637.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Determination of Parent and Child Relationship [7630 - 7644] ( Heading of Article 1 amended by Stats. 2018, Ch. 876, Sec. 50. )

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    A judgment or order in a parentage case may include additional provisions about support, custody, guardianship, visitation, security for payment, and other matters in the child’s best interest, and may require the parent to pay the mother’s reasonable pregnancy and confinement expenses.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Determination of Parent and Child Relationship [7630 - 7644] ( Heading of Article 1 amended by Stats. 2018, Ch. 876, Sec. 50. ) ## 7637. The judgment or order may contain any other provision directed against the appropriate party to the proceeding, concerning the duty of support, the custody and guardianship of the child, visitation privileges with the child, the furnishing of bond or other security for the payment of the judgment, or any other matter in the best interest of the child. The judgment or order may direct the parent to pay the reasonable expenses of the mother’s pregnancy and confinement. (Amended by Stats. 2013, Ch. 510, Sec. 11. (AB 1403) Effective January 1, 2014.)
  76. 7638.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Determination of Parent and Child Relationship [7630 - 7644] ( Heading of Article 1 amended by Stats. 2018, Ch. 876, Sec. 50. )

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    In a parentage action, a request to change a minor or adult child’s name must follow the applicable Code of Civil Procedure rules, with some listed exceptions.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Determination of Parent and Child Relationship [7630 - 7644] ( Heading of Article 1 amended by Stats. 2018, Ch. 876, Sec. 50. ) ## 7638. The procedure in an action under this part to change the name of a minor or adult child for whom a parent and child relationship is established pursuant to Section 7636, upon application in accordance with Title 8 (commencing with Section 1275) of Part 3 of the Code of Civil Procedure shall conform to those provisions, except that the application for the change of name may be included with the petition filed under this part and except as provided in Sections 1277 and 1278 of the Code of Civil Procedure. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  77. 7639.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Determination of Parent and Child Relationship [7630 - 7644] ( Heading of Article 1 amended by Stats. 2018, Ch. 876, Sec. 50. )

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    If a court’s judgment or order conflicts with the child’s birth certificate, the court must order a new birth certificate to be issued.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Determination of Parent and Child Relationship [7630 - 7644] ( Heading of Article 1 amended by Stats. 2018, Ch. 876, Sec. 50. ) ## 7639. If the judgment or order of the court is at variance with the child’s birth certificate, the court shall order that a new birth certificate be issued as prescribed in Article 2 (commencing with Section 102725) of Chapter 5 of Part 1 of Division 102 of the Health and Safety Code. (Amended by Stats. 1996, Ch. 1023, Sec. 48. Effective September 29, 1996.)
  78. 7640.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Determination of Parent and Child Relationship [7630 - 7644] ( Heading of Article 1 amended by Stats. 2018, Ch. 876, Sec. 50. )

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    The court may order the parties to pay reasonable litigation-related fees and costs, but not a governmental entity.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Determination of Parent and Child Relationship [7630 - 7644] ( Heading of Article 1 amended by Stats. 2018, Ch. 876, Sec. 50. ) ## 7640. The court may order reasonable fees of counsel, experts, and the child’s guardian ad litem, and other costs of the action and pretrial proceedings, including genetic testing, to be paid by the parties, excluding any governmental entity, in proportions and at times determined by the court. The court may apply the standards set forth in Sections 2032 and 7605 in making this determination. (Amended by Stats. 2018, Ch. 876, Sec. 53. (AB 2684) Effective January 1, 2019.)
  79. 7641.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Determination of Parent and Child Relationship [7630 - 7644] ( Heading of Article 1 amended by Stats. 2018, Ch. 876, Sec. 50. )

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    If parentage or support has already been acknowledged or decided, certain people and agencies may enforce the parent’s obligation, and the court may order support payments to designated recipients. Willful noncompliance with a court order is civil contempt.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Determination of Parent and Child Relationship [7630 - 7644] ( Heading of Article 1 amended by Stats. 2018, Ch. 876, Sec. 50. ) ## 7641. (a) If there is a voluntary declaration of paternity in place, or parentage or a duty of support has been acknowledged or adjudicated under this part or under prior law, the obligation of the parent may be enforced in the same or other proceedings by any of the following: (1) The other parent. (2) The child. (3) The public authority that has furnished or may furnish the reasonable expenses of pregnancy, confinement, education, support, or funeral. (4) Any other person, including a private agency, to the extent the person has furnished or is furnishing these expenses. (b) The court may order support payments to be made to any of the following: (1) The other parent. (2) The clerk of the court. (3) A person, corporation, or agency designated to administer the payments for the benefit of the child under the supervision of the court. (c) Willful failure to obey the judgment or order of the court is a civil contempt of the court. All remedies for the enforcement of judgments, including imprisonment for contempt, apply. (Amended by Stats. 2013, Ch. 510, Sec. 12. (AB 1403) Effective January 1, 2014.)
  80. 7642.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Determination of Parent and Child Relationship [7630 - 7644] ( Heading of Article 1 amended by Stats. 2018, Ch. 876, Sec. 50. )

    Verify source ↗

    The court may change or cancel judgments and orders made under this part, and adoption-related orders can be changed or canceled only under the same rules that apply to adoption orders under Sections 9100 or 9102.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Determination of Parent and Child Relationship [7630 - 7644] ( Heading of Article 1 amended by Stats. 2018, Ch. 876, Sec. 50. ) ## 7642. The court has continuing jurisdiction to modify or set aside a judgment or order made under this part. A judgment or order relating to an adoption may only be modified or set aside in the same manner and under the same conditions as an order of adoption may be modified or set aside under Section 9100 or 9102. (Amended by Stats. 1999, Ch. 653, Sec. 11. Effective January 1, 2000.)
  81. 7643.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Determination of Parent and Child Relationship [7630 - 7644] ( Heading of Article 1 amended by Stats. 2018, Ch. 876, Sec. 50. )

    Verify source ↗

    Courts may hold hearings or trials under this part in closed court, and access to most related papers and records is limited.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Determination of Parent and Child Relationship [7630 - 7644] ( Heading of Article 1 amended by Stats. 2018, Ch. 876, Sec. 50. ) ## 7643. (a) Notwithstanding any other law concerning public hearings and records, a hearing or trial held under this part may be held in closed court without admittance of any person other than those necessary to the action or proceeding. Except as provided in subdivision (b), all papers and records, other than the final judgment, pertaining to the action or proceeding, whether part of the permanent record of the court or of a file in a public agency or elsewhere, are subject to inspection and copying only in exceptional cases upon an order of the court for good cause shown. (b) (1) Papers and records pertaining to the action or proceeding that are part of the permanent record of the court are subject to inspection and copying by the parties to the action, their attorneys, and by agents acting pursuant to written authorization from the parties to the action or their attorneys. An attorney shall obtain the consent of the party to the action before authorizing an agent to inspect and copy the permanent record. An attorney shall also state on the written authorization that the attorney has obtained the consent of the party to authorize an agent to inspect and copy the permanent record. (2) For purposes of establishing parentage and establishing and enforcing child support orders, papers and records pertaining to the action or proceeding that are part of the permanent record of the court are subject to inspection and copying by any local child support agency, as defined in subdivision (h) of Section 17000. (c) This section applies only to actions filed before January 1, 2023. (Amended by Stats. 2022, Ch. 420, Sec. 19. (AB 2960) Effective January 1, 2023.)
  82. 7643.5.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Determination of Parent and Child Relationship [7630 - 7644] ( Heading of Article 1 amended by Stats. 2018, Ch. 876, Sec. 50. )

    Verify source ↗

    This section lets certain hearings or trials be held in closed court, limits access to related papers and records, allows specified parties and agencies to inspect and copy permanent court records, and requires the Judicial Council to create or update a form by January 1, 2023.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Determination of Parent and Child Relationship [7630 - 7644] ( Heading of Article 1 amended by Stats. 2018, Ch. 876, Sec. 50. ) ## 7643.5. (a) Notwithstanding any other law concerning public hearings and records, a hearing or trial held under this part for an action filed on or after January 1, 2023, under Section 7613, subdivision (f) of Section 7630, or Part 7 (commencing with Section 7960), may be held in closed court without admittance of any person other than those necessary to the action or proceeding. Except as provided in subdivision (b), all papers and records, other than the final judgment, pertaining to the action or proceeding, whether part of the permanent record of the court or of a file in a public agency or elsewhere, are subject to inspection and copying only in exceptional cases upon an order of the court for good cause shown. (b) (1) Papers and records pertaining to the action or proceeding that are part of the permanent record of the court are subject to inspection and copying by the parties to the action, their attorneys, and by agents acting pursuant to written authorization from the parties to the action or their attorneys. An attorney shall obtain the consent of the party to the action before authorizing an agent to inspect and copy the permanent record. An attorney shall also state on the written authorization that the attorney has obtained the consent of the party to authorize an agent to inspect and copy the permanent record. (2) For purposes of establishing parentage and establishing and enforcing child support orders, papers and records pertaining to the action or proceeding that are part of the permanent record of the court are subject to inspection and copying by any local child support agency, as defined in subdivision (h) of Section 17000. (c) On or before January 1, 2023, the Judicial Council shall create a new form or modify an existing form, as it deems appropriate, that requires a party initiating an action or proceeding filed under Section 7613, subdivision (f) of Section 7630, or Part 7 (commencing with Section 7960) to designate the action or proceeding as filed under the identified statutory provision. (d) Notwithstanding Section 4, this section shall apply to all actions filed before January 1, 2023. (Amended by Stats. 2022, Ch. 420, Sec. 20. (AB 2960) Effective January 1, 2023.)
  83. 7644.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Determination of Parent and Child Relationship [7630 - 7644] ( Heading of Article 1 amended by Stats. 2018, Ch. 876, Sec. 50. )

    Verify source ↗

    The Judicial Council must develop the forms and procedures needed to implement this section.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Determination of Parent and Child Relationship [7630 - 7644] ( Heading of Article 1 amended by Stats. 2018, Ch. 876, Sec. 50. ) ## 7644. (a) Notwithstanding any other law, an action for child custody and support and for other relief as provided in Section 7637 may be filed based upon a voluntary declaration of parentage as provided in Chapter 3 (commencing with Section 7570) of Part 2. (b) Except as provided in Section 7581, the voluntary declaration of parentage shall be given the same force and effect as a judgment of parentage entered by a court of competent jurisdiction. The court shall make appropriate orders as specified in Section 7637 based upon the voluntary declaration of parentage unless evidence is presented that the voluntary declaration of parentage has been rescinded by the parties, set aside as provided in Section 7575, 7576, or 7577, or is void under Section 7573.5. (c) The Judicial Council shall develop the forms and procedures necessary to implement this section. (d) This section shall become operative on January 1, 2020. (Repealed and added by Stats. 2018, Ch. 876, Sec. 55. (AB 2684) Effective January 1, 2019. Section operative January 1, 2020, by its own provisions.)
  84. 7645.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1.5. Setting Aside or Vacating Judgment of Parentage [7645 - 7649.5] ( Heading of Article 1.5 amended by Stats. 2018, Ch. 876, Sec. 56. )

    Verify source ↗

    This section defines key terms used in this article: child, judgment, previously established father, and previously established mother.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1.5. Setting Aside or Vacating Judgment of Parentage [7645 - 7649.5] ( Heading of Article 1.5 amended by Stats. 2018, Ch. 876, Sec. 56. ) ## 7645. For purposes of this article, the following definitions shall apply: (a) “Child” means the child of a previously established father or mother, as determined by the superior court in a judgment that is the subject of a motion brought pursuant to this article, or as a matter of law. (b) “Judgment” means a judgment, order, or decree entered in a court of this state that establishes parentage, including a determination of parentage made pursuant to a petition filed under Section 300, 601, or 602 of the Welfare and Institutions Code. For purposes of this article, “judgment” does not include a judgment in any action for marital dissolution, legal separation, or nullity. (c) “Previously established father” means a person identified as the father of a child in a judgment that is the subject of a motion brought pursuant to this article. (d) “Previously established mother” means a person identified as the mother of a child in a judgment that is the subject of a motion brought pursuant to this article. (Amended by Stats. 2018, Ch. 876, Sec. 57. (AB 2684) Effective January 1, 2019.)
  85. 7646.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1.5. Setting Aside or Vacating Judgment of Parentage [7645 - 7649.5] ( Heading of Article 1.5 amended by Stats. 2018, Ch. 876, Sec. 56. )

    Verify source ↗

    A parentage judgment may be set aside or vacated on motion by a previously established parent, the child, or their legal representative if genetic testing shows the previously established father is not the genetic father, subject to strict filing deadlines and exceptions.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1.5. Setting Aside or Vacating Judgment of Parentage [7645 - 7649.5] ( Heading of Article 1.5 amended by Stats. 2018, Ch. 876, Sec. 56. ) ## 7646. (a) Notwithstanding any other law, a judgment establishing parentage may be set aside or vacated upon a motion by a previously established parent, the child, or the legal representative of any of these persons if genetic testing indicates that the previously established father of a child is not the genetic father of the child. The motion shall be brought within one of the following time periods: (1) Within a two-year period commencing with the date on which the previously established father knew or should have known of a judgment that established the father’s parentage of the child or commencing with the date the previously established father knew or should have known of the existence of an action to adjudicate the issue of parentage, whichever is first, except as provided in paragraph (2). (2) In the case of a previously established father who is the legal father as a result of a default judgment as of the effective date of this section, within a two-year period from January 1, 2005, to December 31, 2006, inclusive. (b) Subdivision (a) does not apply if the child is presumed to be a child of a marriage pursuant to Section 7540, the previously established parent is a parent under Section 7613 or 7962, or the action is barred by paragraph (2) of subdivision (a) of Section 7630. (c) Reconsideration of a motion brought under paragraph (3) of subdivision (a) may be requested and granted if the following requirements are met: (1) The motion was filed with the court between September 24, 2006, and December 31, 2006, inclusive. (2) The motion was denied solely on the basis that it was untimely. (3) The request for reconsideration of the motion is filed on or before December 31, 2009. (Amended by Stats. 2019, Ch. 115, Sec. 93. (AB 1817) Effective January 1, 2020.)
  86. 7647.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1.5. Setting Aside or Vacating Judgment of Parentage [7645 - 7649.5] ( Heading of Article 1.5 amended by Stats. 2018, Ch. 876, Sec. 56. )

    Verify source ↗

    A court may grant a motion to set aside or vacate a parentage judgment only if the statutory conditions are met.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1.5. Setting Aside or Vacating Judgment of Parentage [7645 - 7649.5] ( Heading of Article 1.5 amended by Stats. 2018, Ch. 876, Sec. 56. ) ## 7647. (a) A court may grant a motion to set aside or vacate a judgment establishing parentage only if all of the following conditions are met: (1) The motion is filed in a court of proper venue. (2) The motion contains, at a minimum, all of the following information, if known: (A) The legal name, age, county of residence, and residence address of the child. (B) The names, mailing addresses, and counties of residence, or, if deceased, the date and place of death, of the following persons: (i) The previously established parents and the alleged father of the child. (ii) The guardian of the child, if any. (iii) Any person who has physical custody of the child. (iv) The guardian ad litem of the child, if any, as appointed pursuant to Section 7647.5. (C) A declaration that the person filing the motion believes that the previously established father is not the genetic father of the child, the specific reasons for this belief, and a declaration that the person desires that the motion be granted. The moving party is not required to present evidence of genetic testing indicating that the previously established father is not the genetic father of the child in order to bring this motion pursuant to Section 7646. (D) A declaration that the marital presumption set forth in Section 7540 does not apply and that an action is not barred under paragraph (2) of subdivision (a) of Section 7630. (3) The court finds that the previously established father is not a genetic parent pursuant to Section 7555. (b) The motion shall include a proof of service upon the following persons, excluding the person bringing the motion: (1) The parties to the action resulting in the judgment of parentage. (2) The local child support agency, if services are being provided to the child pursuant to Title IV-D or IV-E of the Social Security Act (42 U.S.C. Sec. 651 et seq. and 42 U.S.C. Sec. 670 et seq.). (3) The child’s guardian ad litem, if any. (Amended by Stats. 2018, Ch. 876, Sec. 59. (AB 2684) Effective January 1, 2019.)
  87. 7647.5.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1.5. Setting Aside or Vacating Judgment of Parentage [7645 - 7649.5] ( Heading of Article 1.5 amended by Stats. 2018, Ch. 876, Sec. 56. )

    Verify source ↗

    In an action under this article, a guardian ad litem may be appointed for the child to represent the child’s best interests.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1.5. Setting Aside or Vacating Judgment of Parentage [7645 - 7649.5] ( Heading of Article 1.5 amended by Stats. 2018, Ch. 876, Sec. 56. ) ## 7647.5. A guardian ad litem may be appointed for the child to represent the best interests of the child in an action brought pursuant to this article. (Added by Stats. 2004, Ch. 849, Sec. 4. Effective January 1, 2005.)
  88. 7647.7.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1.5. Setting Aside or Vacating Judgment of Parentage [7645 - 7649.5] ( Heading of Article 1.5 amended by Stats. 2018, Ch. 876, Sec. 56. )

    Verify source ↗

    Genetic testing used to support a motion to set aside or vacate must follow Section 7552, and the court may order genetic testing in this article’s parentage proceeding.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1.5. Setting Aside or Vacating Judgment of Parentage [7645 - 7649.5] ( Heading of Article 1.5 amended by Stats. 2018, Ch. 876, Sec. 56. ) ## 7647.7. Any genetic testing used to support the motion to set aside or vacate shall be conducted in accordance with Section 7552. The court shall, at the request of any person authorized to make a motion pursuant to this article, or may upon its own motion, order genetic testing to assist the court in making a determination whether the previously established father is the genetic father of the child. (Amended by Stats. 2018, Ch. 876, Sec. 60. (AB 2684) Effective January 1, 2019.)
  89. 7648.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1.5. Setting Aside or Vacating Judgment of Parentage [7645 - 7649.5] ( Heading of Article 1.5 amended by Stats. 2018, Ch. 876, Sec. 56. )

    Verify source ↗

    The court may deny a motion to set aside or vacate a parentage judgment if denial is in the child’s best interest.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1.5. Setting Aside or Vacating Judgment of Parentage [7645 - 7649.5] ( Heading of Article 1.5 amended by Stats. 2018, Ch. 876, Sec. 56. ) ## 7648. The court may deny the motion to set aside or vacate a judgment establishing parentage if it determines that denial of the motion is in the best interest of the child, after consideration of the following factors: (a) The age of the child. (b) The length of time since the entry of the judgment establishing parentage. (c) The nature, duration, and quality of any relationship between the previously established father and the child, including the duration and frequency of any time periods during which the child and the previously established father resided in the same household or enjoyed a parent and child relationship. (d) The request of the previously established father that the parent and child relationship continue. (e) Notice by the biological father of the child that the biological father does not oppose preservation of the relationship between the previously established father and the child. (f) The benefit or detriment to the child in establishing the genetic father as the parent of the child. (g) Whether the conduct of the previously established father has impaired the ability to ascertain the identity of, or get support from, the biological father. (h) Additional factors deemed by the court to be relevant to its determination of the best interest of the child. (Amended by Stats. 2019, Ch. 115, Sec. 94. (AB 1817) Effective January 1, 2020.)
  90. 7648.1.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1.5. Setting Aside or Vacating Judgment of Parentage [7645 - 7649.5] ( Heading of Article 1.5 amended by Stats. 2018, Ch. 876, Sec. 56. )

    Verify source ↗

    If the court denies a motion under Section 7648, it must state on the record why it denied the motion and any supporting facts.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1.5. Setting Aside or Vacating Judgment of Parentage [7645 - 7649.5] ( Heading of Article 1.5 amended by Stats. 2018, Ch. 876, Sec. 56. ) ## 7648.1. If the court denies a motion pursuant to Section 7648, the court shall state on the record the basis for the denial of that motion and any supporting facts. (Added by Stats. 2004, Ch. 849, Sec. 4. Effective January 1, 2005.)
  91. 7648.2.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1.5. Setting Aside or Vacating Judgment of Parentage [7645 - 7649.5] ( Heading of Article 1.5 amended by Stats. 2018, Ch. 876, Sec. 56. )

    Verify source ↗

    A local child support agency may order genetic testing in certain parentage cases, must pay the testing costs in covered cases, and the person ordered may ask the court for relief.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1.5. Setting Aside or Vacating Judgment of Parentage [7645 - 7649.5] ( Heading of Article 1.5 amended by Stats. 2018, Ch. 876, Sec. 56. ) ## 7648.2. (a) This section applies only to cases where support enforcement services are being provided by a local child support agency pursuant to Section 17400. (b) Upon receipt of any motion brought pursuant to Section 7646, the local child support agency may issue an administrative order requiring the mother, child, and the previously established father to submit to genetic testing if all of the conditions of paragraphs (1) and (2) of subdivision (a) of Section 7647 are satisfied. (c) The local child support agency shall pay the costs of any genetic tests that are ordered under subdivision (b) or are ordered by a court for cases in which the local child support agency is providing services under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.). (d) Nothing in this section prohibits any person who has been ordered by a local child support agency to submit to genetic tests pursuant to this section from filing a notice of motion with the court seeking relief from the local child support agency’s order to submit to genetic tests. In that event, the court shall resolve the issue of whether genetic tests should be ordered as provided in Section 7647.7. If any person refuses to submit to the tests after receipt of the administrative order pursuant to this section and fails to seek relief from the court from the administrative order either prior to the scheduled tests or within 10 days after the tests are scheduled, the court may resolve the question of paternity against that person or enforce the administrative order if the rights of others or the interest of justice so require. (Added by Stats. 2004, Ch. 849, Sec. 4. Effective January 1, 2005.)
  92. 7648.3.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1.5. Setting Aside or Vacating Judgment of Parentage [7645 - 7649.5] ( Heading of Article 1.5 amended by Stats. 2018, Ch. 876, Sec. 56. )

    Verify source ↗

    A court may not set aside or vacate a paternity judgment in the listed circumstances.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1.5. Setting Aside or Vacating Judgment of Parentage [7645 - 7649.5] ( Heading of Article 1.5 amended by Stats. 2018, Ch. 876, Sec. 56. ) ## 7648.3. A court may not issue an order setting aside or vacating a judgment establishing paternity pursuant to this article under any of the following circumstances: (a) The judgment was made or entered by a tribunal of another state, even if the enforcement of that judgment is sought in this state. (b) The judgment was made or entered in this state and genetic tests were conducted prior to the entry of the judgment which did not exclude the previously established father as the biological father of the child. (Added by Stats. 2004, Ch. 849, Sec. 4. Effective January 1, 2005.)
  93. 7648.4.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1.5. Setting Aside or Vacating Judgment of Parentage [7645 - 7649.5] ( Heading of Article 1.5 amended by Stats. 2018, Ch. 876, Sec. 56. )

    Verify source ↗

    If the court grants a motion to set aside or vacate a paternity judgment, it must vacate related child support and arrears orders. The previously established father has no right to reimbursement for support paid before the motion was granted.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1.5. Setting Aside or Vacating Judgment of Parentage [7645 - 7649.5] ( Heading of Article 1.5 amended by Stats. 2018, Ch. 876, Sec. 56. ) ## 7648.4. Notwithstanding any other provision of law, if the court grants a motion to set aside or vacate a paternity judgment pursuant to this article, the court shall vacate any order for child support and arrearages issued on the basis of that previous judgment of paternity. The previously established father has no right of reimbursement for any amount of support paid prior to the granting of the motion. (Added by Stats. 2004, Ch. 849, Sec. 4. Effective January 1, 2005.)
  94. 7648.8.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1.5. Setting Aside or Vacating Judgment of Parentage [7645 - 7649.5] ( Heading of Article 1.5 amended by Stats. 2018, Ch. 876, Sec. 56. )

    Verify source ↗

    This section says the article does not create a basis to terminate any adoption and does not change an adoptive parent’s obligations to an adoptive child.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1.5. Setting Aside or Vacating Judgment of Parentage [7645 - 7649.5] ( Heading of Article 1.5 amended by Stats. 2018, Ch. 876, Sec. 56. ) ## 7648.8. This article does not establish a basis for termination of any adoption, and does not affect any obligation of an adoptive parent to an adoptive child. (Added by Stats. 2004, Ch. 849, Sec. 4. Effective January 1, 2005.)
  95. 7648.9.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1.5. Setting Aside or Vacating Judgment of Parentage [7645 - 7649.5] ( Heading of Article 1.5 amended by Stats. 2018, Ch. 876, Sec. 56. )

    Verify source ↗

    This section says the article does not create a basis to set aside or vacate a paternity judgment for a child conceived by assisted reproduction under Section 7613 or by surrogacy agreement.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1.5. Setting Aside or Vacating Judgment of Parentage [7645 - 7649.5] ( Heading of Article 1.5 amended by Stats. 2018, Ch. 876, Sec. 56. ) ## 7648.9. This article does not establish a basis for setting aside or vacating a judgment establishing paternity with regard to a child conceived by assisted reproduction pursuant to Section 7613 or a child conceived pursuant to a surrogacy agreement. (Amended by Stats. 2013, Ch. 510, Sec. 14. (AB 1403) Effective January 1, 2014.)
  96. 7649.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1.5. Setting Aside or Vacating Judgment of Parentage [7645 - 7649.5] ( Heading of Article 1.5 amended by Stats. 2018, Ch. 876, Sec. 56. )

    Verify source ↗

    This section says the article does not limit other legal rights and remedies for setting aside or vacating a parentage judgment.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1.5. Setting Aside or Vacating Judgment of Parentage [7645 - 7649.5] ( Heading of Article 1.5 amended by Stats. 2018, Ch. 876, Sec. 56. ) ## 7649. This article does not limit the rights and remedies available under any other law with regard to setting aside or vacating a judgment of parentage. (Amended by Stats. 2018, Ch. 876, Sec. 62. (AB 2684) Effective January 1, 2019.)
  97. 7649.5.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1.5. Setting Aside or Vacating Judgment of Parentage [7645 - 7649.5] ( Heading of Article 1.5 amended by Stats. 2018, Ch. 876, Sec. 56. )

    Verify source ↗

    Distributions or payments made in good-faith reliance on a final paternity judgment cannot be set aside or attacked because of an order vacating that judgment, and the payor cannot be held liable for making the distribution or payment.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1.5. Setting Aside or Vacating Judgment of Parentage [7645 - 7649.5] ( Heading of Article 1.5 amended by Stats. 2018, Ch. 876, Sec. 56. ) ## 7649.5. Notwithstanding any other provision of this article, a distribution from the estate of a decedent or payment made by a trustee, insurance company, pension fund, or any other person or entity that was made in good faith reliance on a judgment establishing paternity that is final for purposes of direct appeal, may not be set aside or subject to direct or collateral attack because of the entry of an order setting aside or vacating a judgment under this article. An estate, trust, personal representative, trustee, or any other person or entity that made that distribution or payment may not incur any liability to any person because of the distribution or payment or because of the entry of an order under this article. (Added by Stats. 2004, Ch. 849, Sec. 4. Effective January 1, 2005.)
  98. 7650.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Determination of Mother and Child Relationship [7650- 7650.] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Any interested person may bring an action to determine whether a mother and child relationship exists.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Determination of Parent and Child Relationship [7630 - 7650] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Determination of Mother and Child Relationship [7650- 7650.] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7650. (a) Any interested person may bring an action to determine the existence or nonexistence of a mother and child relationship. Insofar as practicable, the provisions of this division applicable to the father and child relationship apply. (b) A woman is presumed to be the natural mother of a child if 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. (Amended by Stats. 2018, Ch. 876, Sec. 63. (AB 2684) Effective January 1, 2019.)
  99. 7660.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Termination of Parental Rights in Adoption Proceedings [7660 - 7671] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If a mother seeks adoption of a child with a presumed parent, that presumed parent must get notice and the related rights, unless one of the listed exceptions applies.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Termination of Parental Rights in Adoption Proceedings [7660 - 7671] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7660. If a mother relinquishes for or consents to, or proposes to relinquish for or consent to, the adoption of a child who has a presumed parent under Section 7611, the presumed parent shall be given notice of the adoption proceeding and have the rights provided under Part 2 (commencing with Section 8600) of Division 13, unless that parent’s relationship to the child has been previously terminated or determined by a court not to exist or the presumed parent has voluntarily relinquished for or consented to the adoption of the child. (Amended by Stats. 2013, Ch. 510, Sec. 15. (AB 1403) Effective January 1, 2014.)
  100. 7660.5.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Termination of Parental Rights in Adoption Proceedings [7660 - 7671] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A presumed father may waive notice of an adoption proceeding by signing the department’s form before an authorized official, and the form can be signed before or after the child is born.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Termination of Parental Rights in Adoption Proceedings [7660 - 7671] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7660.5. Notwithstanding any other provision of law, a presumed father may waive the right to notice of any adoption proceeding by executing a form developed by the department before an authorized representative of the department, an authorized representative of a licensed public or private adoption agency, or a notary public or other person authorized to perform notarial acts. The waiver of notice form may be validly executed before or after the birth of the child, and once signed no notice, relinquishment for, or consent to adoption of the child shall be required from the father for the adoption to proceed. This shall be a voluntary and informed waiver without undue influence. If the child is an Indian child as defined under the Indian Child Welfare Act (ICWA), any waiver of consent by an Indian presumed father shall be executed in accordance with the requirements for voluntary adoptions set forth in Section 1913 of Title 25 of the United States Code. The waiver shall not affect the rights of any known federally recognized Indian tribe or tribes from which the child or the presumed father may be descended to notification of, or participation in, adoption proceedings as provided by the ICWA. Notice that the waiver has been executed shall be given to any known federally recognized Indian tribe or tribes from which the child or the presumed father may be descended, as required by the ICWA. (Amended by Stats. 2008, Ch. 534, Sec. 4. Effective January 1, 2009.)
  101. 7661.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Termination of Parental Rights in Adoption Proceedings [7660 - 7671] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If the other parent is giving up or consenting to an adoption, the mother must be given notice and the rights provided under Part 2, unless her relationship to the child was already terminated by a court or she has already relinquished or consented.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Termination of Parental Rights in Adoption Proceedings [7660 - 7671] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7661. If the other parent relinquishes for or consents to, or proposes to relinquish for or consent to, the adoption of a child, the mother shall be given notice of the adoption proceeding and have the rights provided under Part 2 (commencing with Section 8600) of Division 13, unless the mother’s relationship to the child has been previously terminated by a court or the mother has voluntarily relinquished for or consented to the adoption of the child. (Amended by Stats. 2013, Ch. 510, Sec. 16. (AB 1403) Effective January 1, 2014.)
  102. 7662.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Termination of Parental Rights in Adoption Proceedings [7660 - 7671] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    In certain adoption-related situations, specified people must file a petition to terminate the alleged father’s parental rights unless one of the listed exceptions applies.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Termination of Parental Rights in Adoption Proceedings [7660 - 7671] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7662. (a) If a mother relinquishes for or consents to, or proposes to relinquish for or consent to, the adoption of a child, or if a child otherwise becomes the subject of an adoption proceeding, the agency or person to whom the child has been or is to be relinquished, or the mother or the person having physical or legal custody of the child, or the prospective adoptive parent, shall file a petition to terminate the parental rights of the alleged father, unless one of the following occurs: (1) The alleged father’s relationship to the child has been previously terminated or determined not to exist by a court. (2) The alleged father has been served as prescribed in Section 7666 with a written notice alleging that the alleged father is or could be the biological father of the child to be adopted or placed for adoption and has failed to bring an action for the purpose of declaring the existence of the father and child relationship pursuant to subdivision (c) of Section 7630 within 30 days of service of the notice or the birth of the child, whichever is later. (3) The alleged father has executed a written form developed by the department to waive notice, to deny parentage, relinquish the child for adoption, or consent to the adoption of the child. (b) The alleged father may validly execute a waiver or denial of parentage before or after the birth of the child, and, once signed, no notice of, relinquishment for, or consent to adoption of the child shall be required from the alleged father for the adoption to proceed. (c) Except as provided in this subdivision and subdivision (d), all proceedings affecting a child, including proceedings under Divisions 8 (commencing with Section 3000) to 11 (commencing with Section 6500), inclusive, Part 1 (commencing with Section 7500) to Part 3 (commencing with Section 7600), inclusive, of this division, and Part 1 (commencing with Section 1400), Part 2 (commencing with Section 1500), and Part 4 (commencing with Section 2100) of Division 4 of the Probate Code, and any motion or petition for custody or visitation filed in a proceeding under this part, shall be stayed. The petition to terminate parental rights under this section is the only matter that may be heard during the stay until the court issues a final ruling on the petition. (d) This section does not limit the jurisdiction of the court pursuant to Part 3 (commencing with Section 6240) and Part 4 (commencing with Section 6300) of Division 10 with respect to domestic violence orders, or pursuant to Article 6 (commencing with Section 300) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code with respect to dependency proceedings. (Amended by Stats. 2019, Ch. 115, Sec. 95. (AB 1817) Effective January 1, 2020.)
  103. 7663.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Termination of Parental Rights in Adoption Proceedings [7660 - 7671] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The court must arrange an inquiry about the mother and other appropriate people to help identify alleged fathers and presumed parents, and the agency that completes the inquiry must file a written report with the court.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Termination of Parental Rights in Adoption Proceedings [7660 - 7671] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7663. (a) In an effort to identify all alleged fathers and presumed parents, the court shall cause inquiry to be made of the mother and any other appropriate person by one of the following: (1) The State Department of Social Services. (2) A licensed county adoption agency. (3) The licensed adoption agency to which the child is to be relinquished. (4) In the case of a stepparent adoption, the licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor who is performing the investigation pursuant to Section 9001, if applicable. In the case of a stepparent adoption in which a licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor is not performing the investigation pursuant to Section 9001, the board of supervisors may assign those inquiries to a licensed county adoption agency, the county department designated by the board of supervisors to administer the public social services program, or the county probation department. (b) The inquiry shall include all of the following: (1) Whether the mother was married at the time of conception of the child or at any time thereafter. (2) Whether the mother was cohabiting with a man at the time of conception or birth of the child. (3) Whether the mother has received support payments or promises of support with respect to the child or in connection with the pregnancy. (4) Whether any person has formally or informally acknowledged or declared possible parentage of the child. (5) The names and whereabouts, if known, of every person presumed or alleged to be the parent of the child, and the efforts made to give notice of the proposed adoption to each person identified. (c) The agency that completes the inquiry shall file a written report of the findings with the court. (Amended by Stats. 2019, Ch. 115, Sec. 96. (AB 1817) Effective January 1, 2020.)
  104. 7664.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Termination of Parental Rights in Adoption Proceedings [7660 - 7671] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    In adoption proceedings, the court must decide biological parentage and the child’s best interests when a biological father or claimed biological father asserts parental rights, and it must order whether that person’s consent is required.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Termination of Parental Rights in Adoption Proceedings [7660 - 7671] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7664. (a) If, after the inquiry, the biological father is identified to the satisfaction of the court, or if more than one man is identified as a possible biological father, notice of the proceeding shall be given in accordance with Section 7666. If an alleged biological father fails to appear or, if appearing, fails to claim parental rights, those parental rights with reference to the child shall be terminated. (b) If the biological father or a man claiming to be the biological father claims parental rights, the court shall determine biological parentage. The court shall then determine if it is in the best interest of the child that the biological father retain parental rights, or that an adoption of the child be allowed to proceed. The court, in making that determination, may consider all relevant evidence, including the efforts made by the biological father to obtain custody, the age and prior placement of the child, and the effects of a change of placement on the child. (c) If the court finds that it is in the best interest of the child that the biological father should be allowed to retain parental rights, the court shall order that the biological father’s consent is necessary for an adoption. If the court finds that the man claiming parental rights is not the biological father, or that if the man is the biological father it is in the child’s best interest that an adoption be allowed to proceed, the court shall order that the consent of that man is not required for an adoption. This finding terminates all parental rights and responsibilities with respect to the child. (Amended by Stats. 2019, Ch. 115, Sec. 97. (AB 1817) Effective January 1, 2020.)
  105. 7665.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Termination of Parental Rights in Adoption Proceedings [7660 - 7671] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If, after inquiry, the court cannot identify a biological father and no one has claimed to be the biological father with custodial rights, the court must terminate the unknown biological father’s parental rights as to the child.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Termination of Parental Rights in Adoption Proceedings [7660 - 7671] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7665. If, after the inquiry, the court is unable to identify the biological father or any possible biological father and no person has appeared claiming to be the biological father and claiming custodial rights, the court shall enter an order terminating the unknown biological father’s parental rights with reference to the child. (Amended by Stats. 2013, Ch. 510, Sec. 20. (AB 1403) Effective January 1, 2014.)
  106. 7666.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Termination of Parental Rights in Adoption Proceedings [7660 - 7671] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    In adoption proceedings, notice must generally be given to each identified or possible biological father at least 10 days before the proceeding, and proof of notice must be filed with the court before the petition is heard.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Termination of Parental Rights in Adoption Proceedings [7660 - 7671] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7666. (a) Except as provided in subdivision (b), notice of the proceeding shall be given to every person identified as the biological father or a possible biological father in accordance with the Code of Civil Procedure for the service of process in a civil action in this state at least 10 days before the date of the proceeding, except that publication or posting of the notice of the proceeding is not required, and service on the parent or guardian of a biological father or possible biological father who is a minor is not required unless the minor has previously provided written authorization to serve the minor’s parent or guardian. Proof of giving the notice shall be filed with the court before the petition is heard. (b) Notice to a man identified as or alleged to be the biological father is not required, and the court shall issue an order dispensing with that notice under any of the following circumstances: (1) The relationship to the child has been previously terminated or determined not to exist by a court. (2) The alleged father has executed a written form to waive notice, deny parentage, relinquish the child for adoption, or consent to the adoption of the child. (3) The whereabouts or identity of the alleged father are unknown or cannot be ascertained. (4) The alleged father has been served with written notice of alleged parentage and the proposed adoption, and has failed to bring an action pursuant to subdivision (c) of Section 7630 within 30 days of service of the notice or the birth of the child, whichever is later. (Amended by Stats. 2019, Ch. 115, Sec. 98. (AB 1817) Effective January 1, 2020.)
  107. 7667.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Termination of Parental Rights in Adoption Proceedings [7660 - 7671] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A termination-of-parental-rights action for an alleged father must be set for hearing within 45 days after the petition is filed, unless subdivision (c) applies.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Termination of Parental Rights in Adoption Proceedings [7660 - 7671] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7667. (a) Notwithstanding any other law, an action to terminate the parental rights of an alleged father of a child as specified in this part shall be set for hearing not more than 45 days after filing of the petition, except as provided in subdivision (c). (b) The matter so set shall have precedence over all other civil matters on the date set for trial, except an action to terminate parental rights pursuant to Part 4 (commencing with Section 7800). (c) The court may dispense with a hearing and issue an ex parte order terminating parental rights if any of the following applies: (1) The identity or whereabouts of the alleged father are unknown. (2) The alleged father has validly executed a waiver of the right to notice or a denial of parentage. (3) The alleged father has been served with written notice of alleged parentage and the proposed adoption, and has failed to bring an action pursuant to subdivision (c) of Section 7630 within 30 days of service of the notice or the birth of the child, whichever is later. (Amended by Stats. 2019, Ch. 115, Sec. 99. (AB 1817) Effective January 1, 2020.)
  108. 7668.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Termination of Parental Rights in Adoption Proceedings [7660 - 7671] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The court may continue the proceedings for up to 30 days, but only for good cause.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Termination of Parental Rights in Adoption Proceedings [7660 - 7671] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7668. (a) The court may continue the proceedings for not more than 30 days as necessary to appoint counsel and to enable counsel to prepare for the case adequately or for other good cause. (b) In order to obtain an order for a continuance of the hearing, written notice shall be filed within two court days of the date set for the hearing, together with affidavits or declarations detailing specific facts showing that a continuance is necessary, unless the court for good cause entertains an oral motion for continuance. (c) Continuances shall be granted only upon a showing of good cause. Neither a stipulation between counsel nor the convenience of the parties is in and of itself a good cause. (d) A continuance shall be granted only for that period of time shown to be necessary by the evidence considered at the hearing on the motion. If a continuance is granted, the facts proven which require the continuance shall be entered upon the minutes of the court. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  109. 7669.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Termination of Parental Rights in Adoption Proceedings [7660 - 7671] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A court cannot set aside, change, or modify an order about an alleged father’s consent for a child’s adoption after making it.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Termination of Parental Rights in Adoption Proceedings [7660 - 7671] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7669. (a) An order requiring or dispensing with an alleged father’s consent for the adoption of a child may be appealed from in the same manner as an order of the juvenile court declaring a person to be a ward of the juvenile court and is conclusive and binding upon the alleged father. (b) After making the order, the court has no power to set aside, change, or modify that order. (c) Nothing in this section limits the right to appeal from the order and judgment. (Amended by Stats. 2013, Ch. 510, Sec. 23. (AB 1403) Effective January 1, 2014.)
  110. 7670.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Termination of Parental Rights in Adoption Proceedings [7660 - 7671] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    No filing fee may be charged for a petition filed under Section 7662.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Termination of Parental Rights in Adoption Proceedings [7660 - 7671] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7670. There shall be no filing fee charged for a petition filed pursuant to Section 7662. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  111. 7671.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Termination of Parental Rights in Adoption Proceedings [7660 - 7671] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A single petition may be used to seek termination of parental rights for multiple alleged fathers in the same filing, and the court may split the case when needed.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Termination of Parental Rights in Adoption Proceedings [7660 - 7671] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7671. A single petition may be filed pursuant to Section 7662 to terminate the parental rights of the alleged father or fathers of two or more biological siblings or to terminate the parental rights of two or more alleged fathers of the same child. A petition filed in accordance with this section may be granted in whole or in part in accordance with the procedures set forth in this chapter. The court shall retain discretion to bifurcate any case in which the petition was filed in accordance with this section, and shall do so whenever it is necessary to protect the interests of a party or a child who is the subject of the proceeding. (Added by Stats. 2014, Ch. 763, Sec. 4. (AB 1701) Effective January 1, 2015.)
  112. 770.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHARACTERIZATION OF MARITAL PROPERTY [760 - 853] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Separate Property [770 - 772] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A married person’s separate property includes property owned before marriage, property acquired after marriage by gift, bequest, devise, or descent, and the rents, issues, and profits from that property.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHARACTERIZATION OF MARITAL PROPERTY [760 - 853] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Separate Property [770 - 772] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 770. (a) Separate property of a married person includes all of the following: (1) All property owned by the person before marriage. (2) All property acquired by the person after marriage by gift, bequest, devise, or descent. (3) The rents, issues, and profits of the property described in this section. (b) A married person may, without the consent of the person’s spouse, convey the person’s separate property. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  113. 7700.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Protective and Restraining Orders [7700 - 7730] ( Chapter 6 repealed and added by Stats. 1993, Ch. 219, Sec. 179.6. ) ## ARTICLE 1. Orders in Summons [7700- 7700.] ( Article 1 repealed and added by Stats. 1993, Ch. 219, Sec. 179.6. )

    Verify source ↗

    In a proceeding under this part, the summons must include a temporary restraining order stopping all parties from removing the child from the state unless the other party consents in writing or the court orders it.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Protective and Restraining Orders [7700 - 7730] ( Chapter 6 repealed and added by Stats. 1993, Ch. 219, Sec. 179.6. ) ## ARTICLE 1. Orders in Summons [7700- 7700.] ( Article 1 repealed and added by Stats. 1993, Ch. 219, Sec. 179.6. ) ## 7700. In addition to the contents required by Section 412.20 of the Code of Civil Procedure, in a proceeding under this part the summons shall contain a temporary restraining order restraining all parties, without the prior written consent of the other party or an order of the court, from removing from the state any minor child for whom the proceeding seeks to establish a parent and child relationship. (Repealed and added by Stats. 1993, Ch. 219, Sec. 179.6. Effective January 1, 1994.)
  114. 771.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHARACTERIZATION OF MARITAL PROPERTY [760 - 853] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Separate Property [770 - 772] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    After spouses separate, a spouse’s earnings and accumulations are separate property; a covered unemancipated minor child’s earnings and accumulations remain the child’s sole legal property.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHARACTERIZATION OF MARITAL PROPERTY [760 - 853] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Separate Property [770 - 772] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 771. (a) The earnings and accumulations of a spouse and the minor children living with, or in the custody of, the spouse, after the date of separation of the spouses, are the separate property of the spouse. (b) Notwithstanding subdivision (a), the earnings and accumulations of an unemancipated minor child related to a contract of a type described in Section 6750 shall remain the sole legal property of the minor child. (Amended by Stats. 2016, Ch. 114, Sec. 2. (SB 1255) Effective January 1, 2017.)
  115. 7710.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Protective and Restraining Orders [7700 - 7730] ( Chapter 6 repealed and added by Stats. 1993, Ch. 219, Sec. 179.6. ) ## ARTICLE 2. Ex Parte Orders [7710- 7710.] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 179.6. )

    Verify source ↗

    While a proceeding under this part is pending, the court may issue an ex parte protective order and other related orders if a party applies in the manner required.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Protective and Restraining Orders [7700 - 7730] ( Chapter 6 repealed and added by Stats. 1993, Ch. 219, Sec. 179.6. ) ## ARTICLE 2. Ex Parte Orders [7710- 7710.] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 179.6. ) ## 7710. During the pendency of a proceeding under this part, on application of a party in the manner provided by Part 4 (commencing with Section 240) of Division 2, the court may issue ex parte a protective order as defined in Section 6218 and any other order as provided in Article 1 (commencing with Section 6320) of Chapter 2 of Part 4 of Division 10. (Repealed and added by Stats. 1993, Ch. 219, Sec. 179.6. Effective January 1, 1994.)
  116. 772.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHARACTERIZATION OF MARITAL PROPERTY [760 - 853] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Separate Property [770 - 772] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    After a legal separation judgment, each party’s earnings or accumulations become that party’s separate property.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHARACTERIZATION OF MARITAL PROPERTY [760 - 853] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Separate Property [770 - 772] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 772. After entry of a judgment of legal separation of the parties, the earnings or accumulations of each party are the separate property of the party acquiring the earnings or accumulations. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  117. 7720.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Protective and Restraining Orders [7700 - 7730] ( Chapter 6 repealed and added by Stats. 1993, Ch. 219, Sec. 179.6. ) ## ARTICLE 3. Orders After Notice and Hearing [7720- 7720.] ( Article 3 repealed and added by Stats. 1993, Ch. 219, Sec. 179.6. )

    Verify source ↗

    After notice and a hearing, the court may issue a protective order or other restraining order; it may not issue a mutual protective order unless Section 6305’s requirements are met.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Protective and Restraining Orders [7700 - 7730] ( Chapter 6 repealed and added by Stats. 1993, Ch. 219, Sec. 179.6. ) ## ARTICLE 3. Orders After Notice and Hearing [7720- 7720.] ( Article 3 repealed and added by Stats. 1993, Ch. 219, Sec. 179.6. ) ## 7720. (a) After notice and a hearing, the court may issue a protective order as defined in Section 6218 and any other restraining order as provided in Article 2 (commencing with Section 6340) of Chapter 2 of Part 4 of Division 10. (b) The court may not issue a mutual protective order pursuant to subdivision (a) unless it meets the requirements of Section 6305. (Amended by Stats. 1995, Ch. 246, Sec. 3. Effective January 1, 1996.)
  118. 7730.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Protective and Restraining Orders [7700 - 7730] ( Chapter 6 repealed and added by Stats. 1993, Ch. 219, Sec. 179.6. ) ## ARTICLE 4. Orders Included in Judgment [7730- 7730.] ( Article 4 repealed and added by Stats. 1993, Ch. 219, Sec. 179.6. )

    Verify source ↗

    A judgment in a proceeding under this part may include a protective order and certain restraining orders.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM PARENTAGE ACT [7600 - 7730] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Protective and Restraining Orders [7700 - 7730] ( Chapter 6 repealed and added by Stats. 1993, Ch. 219, Sec. 179.6. ) ## ARTICLE 4. Orders Included in Judgment [7730- 7730.] ( Article 4 repealed and added by Stats. 1993, Ch. 219, Sec. 179.6. ) ## 7730. A judgment entered in a proceeding under this part may include a protective order as defined in Section 6218 and any other restraining order as provided in Article 3 (commencing with Section 6360) of Chapter 2 of Part 4 of Division 10. (Repealed and added by Stats. 1993, Ch. 219, Sec. 179.6. Effective January 1, 1994.)
  119. 780.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHARACTERIZATION OF MARITAL PROPERTY [760 - 853] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Damages for Injuries to Married Person [780 - 783] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Money and other property received for personal-injury damages are community property if the claim arose during the marriage, subject to Sections 781 and 2603.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHARACTERIZATION OF MARITAL PROPERTY [760 - 853] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Damages for Injuries to Married Person [780 - 783] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 780. Except as provided in Section 781 and subject to the rules of allocation set forth in Section 2603, money and other property received or to be received by a married person in satisfaction of a judgment for damages for personal injuries, or pursuant to an agreement for the settlement or compromise of a claim for such damages, is community property if the cause of action for the damages arose during the marriage. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  120. 7800.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [7800 - 7808] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section says the purpose of the part is to promote a child’s welfare and best interest by providing the stability and security of an adoptive home when those conditions are otherwise missing.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [7800 - 7808] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7800. The purpose of this part is to serve the welfare and best interest of a child by providing the stability and security of an adoptive home when those conditions are otherwise missing from the child’s life. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  121. 7801.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [7800 - 7808] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This part must be interpreted liberally to protect the child’s interests and welfare.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [7800 - 7808] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7801. This part shall be liberally construed to serve and protect the interests and welfare of the child. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  122. 7802.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [7800 - 7808] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A proceeding may be brought under this part to have a minor child declared free from the custody and control of one or both parents.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [7800 - 7808] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7802. A proceeding may be brought under this part for the purpose of having a minor child declared free from the custody and control of either or both parents. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  123. 7803.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [7800 - 7808] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A declaration under this part ends all parental rights and responsibilities for the child.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [7800 - 7808] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7803. A declaration of freedom from parental custody and control pursuant to this part terminates all parental rights and responsibilities with regard to the child. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  124. 7804.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [7800 - 7808] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    In a proceeding under this part, the court may appoint a suitable party to act for the child and may order additional notice of the proceedings.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [7800 - 7808] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7804. In a proceeding under this part, the court may appoint a suitable party to act in behalf of the child and may order such further notice of the proceedings to be given as the court deems proper. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  125. 7805.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [7800 - 7808] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Access to certain juvenile-court-related petitions, reports, records, and briefs is limited to listed people; the court and probation officer may also share petition-related information with child-welfare agencies if doing so would promote the child’s welfare.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [7800 - 7808] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7805. (a) A petition filed in a proceeding under this part, or a report of the probation officer or county department designated by the board of supervisors to administer the public social services program filed in a proceeding under this part, may be inspected only by the following persons: (1) Court personnel. (2) The child who is the subject of the proceeding. (3) The parents or guardian of the child. (4) The attorneys for the parties. (5) Any other person designated by the judge. (b) In a proceeding before the court of appeal or Supreme Court to review a judgment or order entered in a proceeding under this part, the court record and briefs filed by the parties may be inspected only by the following persons: (1) Court personnel. (2) A party to the proceeding. (3) The attorneys for the parties. (4) Any other person designated by the presiding judge of the court before which the matter is pending. (c) Notwithstanding any other provision of law, if it is believed that the welfare of the child will be promoted thereby, the court and the probation officer may furnish information, pertaining to a petition under this part, to any of the following: (1) The State Department of Social Services. (2) A county welfare department. (3) A public welfare agency. (4) A private welfare agency licensed by the State Department of Social Services. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  126. 7806.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [7800 - 7808] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    No filing fee may be charged for a proceeding brought under this part.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [7800 - 7808] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7806. There shall be no filing fee charged for a proceeding brought under this part. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  127. 7807.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [7800 - 7808] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section pauses related child-affecting proceedings in a freedom-from-parental-custody case, while carving out certain listed matters and preserving court jurisdiction over specified domestic violence and dependency proceedings.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [7800 - 7808] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7807. (a) Sections 3020, 3022, 3040 to 3043, inclusive, and 3409 do not apply in a proceeding under this part. (b) Except as provided in this subdivision and subdivision (c), all proceedings affecting a child, including proceedings under Divisions 8 (commencing with Section 3000) to 11 (commencing with Section 6500), inclusive, Part 1 (commencing with Section 7500) to Part 3 (commencing with Section 7600), inclusive, of this division, and Part 1 (commencing with Section 1400), Part 2 (commencing with Section 1500), and Part 4 (commencing with Section 2100) of Division 4 of the Probate Code, and any motion or petition for custody or visitation filed in a proceeding under this part, shall be stayed. The petition to free the minor from parental custody and control under this section is the only matter that may be heard during the stay until the court issues a final ruling on the petition. (c) This section does not limit the jurisdiction of the court pursuant to Part 3 (commencing with Section 6240) and Part 4 (commencing with Section 6300) of Division 10 with respect to domestic violence orders, or pursuant to Article 6 (commencing with Section 300) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code with respect to dependency proceedings. (Amended by Stats. 2014, Ch. 763, Sec. 5. (AB 1701) Effective January 1, 2015.)
  128. 7808.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [7800 - 7808] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This part does not apply to certain minors who have been adjudged dependent children of the juvenile court.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [7800 - 7808] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7808. This part does not apply to a minor adjudged a dependent child of the juvenile court pursuant to subdivision (c) of Section 360 of the Welfare and Institutions Code on and after January 1, 1989, during the period in which the minor is a dependent child of the court. For those minors, the exclusive means for the termination of parental rights are provided in the following statutes: (a) Section 366.26 of the Welfare and Institutions Code. (b) Sections 8604 to 8606, inclusive, and 8700 of this code. (c) Chapter 5 (commencing with Section 7660) of Part 3 of this division of this code. (Amended by Stats. 1994, Ch. 1269, Sec. 55.4. Effective January 1, 1995.)
  129. 781.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHARACTERIZATION OF MARITAL PROPERTY [760 - 853] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Damages for Injuries to Married Person [780 - 783] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    Certain personal-injury settlement or judgment money is separate property, and a spouse may be entitled to reimbursement for injury-related expenses paid from separate or community property.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHARACTERIZATION OF MARITAL PROPERTY [760 - 853] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Damages for Injuries to Married Person [780 - 783] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 781. (a) Money or other property received or to be received by a married person in satisfaction of a judgment for damages for personal injuries, or pursuant to an agreement for the settlement or compromise of a claim for those damages, is the separate property of the injured person if the cause of action for the damages arose as follows: (1) After the entry of a judgment of dissolution of a marriage or legal separation of the parties. (2) While the injured spouse is living separate from the other spouse. (b) Notwithstanding subdivision (a), if the spouse of the injured person has paid expenses by reason of the personal injuries from separate property or from the community property, the spouse is entitled to reimbursement of the separate property or the community property for those expenses from the separate property received by the injured person under subdivision (a). (c) Notwithstanding subdivision (a), if one spouse has a cause of action against the other spouse that arose during the marriage of the parties, money or property paid or to be paid by or on behalf of a party to the party’s spouse of that marriage in satisfaction of a judgment for damages for personal injuries to that spouse, or pursuant to an agreement for the settlement or compromise of a claim for the damages, is the separate property of the injured spouse. (Amended by Stats. 2019, Ch. 115, Sec. 10. (AB 1817) Effective January 1, 2020.)
  130. 782.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHARACTERIZATION OF MARITAL PROPERTY [760 - 853] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Damages for Injuries to Married Person [780 - 783] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    Community property may not be used to pay certain spousal injury liabilities until the tortfeasor spouse’s separate property is exhausted, unless the injured spouse gives written consent after the injury.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHARACTERIZATION OF MARITAL PROPERTY [760 - 853] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Damages for Injuries to Married Person [780 - 783] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 782. (a) Where an injury to a married person is caused in whole or in part by the negligent or wrongful act or omission of the person’s spouse, the community property may not be used to discharge the liability of the tortfeasor spouse to the injured spouse or the liability to make contribution to a joint tortfeasor until the separate property of the tortfeasor spouse, not exempt from enforcement of a money judgment, is exhausted. (b) This section does not prevent the use of community property to discharge a liability referred to in subdivision (a) if the injured spouse gives written consent thereto after the occurrence of the injury. (c) This section does not affect the right to indemnity provided by an insurance or other contract to discharge the tortfeasor spouse’s liability, whether or not the consideration given for the contract consisted of community property. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  131. 782.5.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHARACTERIZATION OF MARITAL PROPERTY [760 - 853] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Damages for Injuries to Married Person [780 - 783] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    If one spouse is convicted of trying to murder or soliciting the murder of the other spouse, the injured spouse is entitled to 100% of the community property interest in the injured spouse’s retirement and pension benefits.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHARACTERIZATION OF MARITAL PROPERTY [760 - 853] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Damages for Injuries to Married Person [780 - 783] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 782.5. In addition to any other remedy authorized by law, when a spouse is convicted of attempting to murder the other spouse, as punishable pursuant to subdivision (a) of Section 664 of the Penal Code, or of soliciting the murder of the other spouse, as punishable pursuant to subdivision (b) of Section 653f of the Penal Code, the injured spouse shall be entitled to an award to the injured spouse of 100 percent of the community property interest in the retirement and pension benefits of the injured spouse. As used in this section, “injured spouse” has the same meaning as defined in Section 4324. (Amended by Stats. 2010, Ch. 65, Sec. 1. (AB 2674) Effective January 1, 2011.)
  132. 7820.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Circumstances Where Proceeding May Be Brought [7820 - 7827] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A proceeding may be brought to declare a child under 18 free from the custody and control of one or both parents, if the child fits one of the chapter’s listed descriptions.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Circumstances Where Proceeding May Be Brought [7820 - 7827] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7820. A proceeding may be brought under this part for the purpose of having a child under the age of 18 years declared free from the custody and control of either or both parents if the child comes within any of the descriptions set out in this chapter. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  133. 7821.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Circumstances Where Proceeding May Be Brought [7820 - 7827] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A finding under this chapter must be supported by clear and convincing evidence, unless another rule says otherwise.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Circumstances Where Proceeding May Be Brought [7820 - 7827] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7821. A finding pursuant to this chapter shall be supported by clear and convincing evidence, except as otherwise provided. (Amended by Stats. 2006, Ch. 838, Sec. 4. Effective January 1, 2007.)
  134. 7822.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Circumstances Where Proceeding May Be Brought [7820 - 7827] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section allows a proceeding to be brought for child abandonment in specified situations and sets timing rules for filing and hearing petitions.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Circumstances Where Proceeding May Be Brought [7820 - 7827] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7822. (a) A proceeding under this part may be brought if any of the following occur: (1) The child has been left without provision for the child’s identification by the child’s parent or parents. (2) The child has been left by both parents or the sole parent in the care and custody of another person for a period of six months without any provision for the child’s support, or without communication from the parent or parents, with the intent on the part of the parent or parents to abandon the child. (3) One parent has left the child in the care and custody of the other parent for a period of one year without any provision for the child’s support, or without communication from the parent, with the intent on the part of the parent to abandon the child. (b) The failure to provide identification, failure to provide support, or failure to communicate is presumptive evidence of the intent to abandon. If the parent or parents have made only token efforts to support or communicate with the child, the court may declare the child abandoned by the parent or parents. In the event that a guardian has been appointed for the child, the court may still declare the child abandoned if the parent or parents have failed to communicate with or support the child within the meaning of this section. (c) If the child has been left without provision for the child’s identification and the whereabouts of the parents are unknown, a petition may be filed after the 120th day following the discovery of the child and citation by publication may be commenced. The petition may not be heard until after the 180th day following the discovery of the child. (d) If the parent has agreed for the child to be in the physical custody of another person or persons for adoption and has not signed an adoption placement agreement pursuant to Section 8801.3, a consent to adoption pursuant to Section 8814, or a relinquishment to a licensed adoption agency pursuant to Section 8700, evidence of the adoptive placement shall not in itself preclude the court from finding an intent on the part of that parent to abandon the child. If the parent has placed the child for adoption pursuant to Section 8801.3, consented to adoption pursuant to Section 8814, or relinquished the child to a licensed adoption agency pursuant to Section 8700, and has then either revoked the consent or rescinded the relinquishment, but has not taken reasonable action to obtain custody of the child, evidence of the adoptive placement shall not in itself preclude the court from finding an intent on the part of that parent to abandon the child. (e) Notwithstanding subdivisions (a), (b), (c), and (d), if the parent of an Indian child has transferred physical care, custody, and control of the child to an Indian custodian, that action shall not be deemed to constitute an abandonment of the child, unless the parent manifests the intent to abandon the child by either of the following: (1) Failing to resume physical care, custody, and control of the child upon the request of the Indian custodian provided that, if the Indian custodian is unable to make a request because the parent has failed to keep the Indian custodian apprised of the parent’s whereabouts and the Indian custodian has made reasonable efforts to determine the whereabouts of the parent without success, there may be evidence of intent to abandon. (2) Failing to substantially comply with any obligations assumed by the parent in the agreement with the Indian custodian despite the Indian custodian’s objection to the noncompliance. (Amended by Stats. 2019, Ch. 115, Sec. 100. (AB 1817) Effective January 1, 2020.)
  135. 7823.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Circumstances Where Proceeding May Be Brought [7820 - 7827] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A proceeding under this part may be brought only if the child was neglected or cruelly treated, and the child was a juvenile court dependent with the parents out of custody for one year before filing.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Circumstances Where Proceeding May Be Brought [7820 - 7827] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7823. (a) A proceeding under this part may be brought if all of the following requirements are satisfied: (1) The child has been neglected or cruelly treated by either or both parents. A finding that a parent committed severe sexual abuse, as described in paragraph (6) of subdivision (b) of Section 361.5 of the Welfare and Institutions Code, against the child shall be prima facie evidence that the parent has neglected or cruelly treated the child within the meaning of this subdivision. (2) The child has been a dependent child of the juvenile court under any subdivision of Section 300 of the Welfare and Institutions Code and the parent or parents have been deprived of the child’s custody for one year before the filing of a petition pursuant to this part. (b) Physical custody by the parent or parents for insubstantial periods of time does not interrupt the running of the one-year period. (Amended by Stats. 2018, Ch. 83, Sec. 1. (AB 2792) Effective January 1, 2019.)
  136. 7824.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Circumstances Where Proceeding May Be Brought [7820 - 7827] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section defines “disability” and says a proceeding under this part may be brought only if specific family-court conditions are met.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Circumstances Where Proceeding May Be Brought [7820 - 7827] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7824. (a) “Disability” as used in this section means any physical or mental incapacity which renders the parent or parents unable to care for and control the child adequately. (b) A proceeding under this part may be brought where all of the following requirements are satisfied: (1) The child is one whose parent or parents (A) suffer a disability because of the habitual use of alcohol, or any of the controlled substances specified in Schedules I to V, inclusive, of Division 10 (commencing with Section 11000) of the Health and Safety Code, except when these controlled substances are used as part of a medically prescribed plan, or (B) are morally depraved. (2) The child has been a dependent child of the juvenile court, and the parent or parents have been deprived of the child’s custody continuously for one year immediately before the filing of a petition pursuant to this part. (c) Physical custody by the parent or parents for insubstantial periods of time does not interrupt the running of the one-year period. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  137. 7825.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Circumstances Where Proceeding May Be Brought [7820 - 7827] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A mother may bring a proceeding against the father if the child was conceived through conduct violating Penal Code Section 261 and the father was convicted of that violation.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Circumstances Where Proceeding May Be Brought [7820 - 7827] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7825. (a) A proceeding under this part may be brought where both of the following requirements are satisfied: (1) The child is one whose parent or parents are convicted of a felony. (2) The facts of the crime of which the parent or parents were convicted are of such a nature so as to prove the unfitness of the parent or parents to have the future custody and control of the child. In making a determination pursuant to this section, the court may consider the parent’s criminal record prior to the felony conviction to the extent that the criminal record demonstrates a pattern of behavior substantially related to the welfare of the child or the parent’s ability to exercise custody and control regarding the child. (b) The mother of a child may bring a proceeding under this part against the father of the child, where the child was conceived as a result of an act in violation of Section 261 of the Penal Code, and where the father was convicted of that violation. For purposes of this subdivision, there is a conclusive presumption that the father is unfit to have custody or control of the child. (Amended by Stats. 2019, Ch. 115, Sec. 101. (AB 1817) Effective January 1, 2020.)
  138. 7826.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Circumstances Where Proceeding May Be Brought [7820 - 7827] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A proceeding under this part may be brought only if both stated requirements are met.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Circumstances Where Proceeding May Be Brought [7820 - 7827] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7826. A proceeding under this part may be brought where both of the following requirements are satisfied: (a) The child is one whose parent or parents have been declared by a court of competent jurisdiction, wherever situated, to be developmentally disabled or mentally ill. (b) In the state or country in which the parent or parents reside or are hospitalized, the Director of State Hospitals or the Director of Developmental Services, or their equivalent, if any, and the executive director of the hospital, if any, of which the parent or parents are inmates or patients, certify that the parent or parents so declared to be developmentally disabled or mentally ill will not be capable of supporting or controlling the child in a proper manner. (Amended by Stats. 2012, Ch. 440, Sec. 6. (AB 1488) Effective September 22, 2012.)
  139. 7827.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Circumstances Where Proceeding May Be Brought [7820 - 7827] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section lets a proceeding be brought when a child’s parent or parents are mentally disabled and likely to remain so, requires certain expert evidence, and requires the court to appoint counsel for an unrepresented parent in termination cases.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Circumstances Where Proceeding May Be Brought [7820 - 7827] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7827. (a) “Mentally disabled” as used in this section means that a parent or parents suffer a mental incapacity or disorder that renders the parent or parents unable to care for and control the child adequately. (b) A proceeding under this part may be brought if the child is one whose parent or parents are mentally disabled and are likely to remain so in the foreseeable future. (c) Except as provided in subdivision (d), the evidence of any two experts, each of whom shall be a physician and surgeon, certified either by the American Board of Psychiatry and Neurology or under Section 6750 of the Welfare and Institutions Code, a licensed psychologist who has a doctoral degree in psychology and at least five years of postgraduate experience in the diagnosis and treatment of emotional and mental disorders, is required to support a finding under this section. In addition to this requirement, the court shall have the discretion to call a licensed marriage and family therapist, a licensed professional clinical counselor, or a licensed clinical social worker, either of whom shall have at least five years of relevant postlicensure experience, in circumstances in which the court determines that this testimony is in the best interest of the child and is warranted by the circumstances of the particular family or parenting issues involved. However, the court may not call a licensed marriage and family therapist, licensed professional clinical counselor, or licensed clinical social worker pursuant to this section who is the adoption service provider, as defined in Section 8502, of the child who is the subject of the petition to terminate parental rights. (d) If the parent or parents reside in another state or in a foreign country, the evidence required by this section may be supplied by the affidavits of two experts, each of whom shall be either of the following: (1) A physician and surgeon who is a resident of that state or foreign country, and who has been certified by a medical organization or society of that state or foreign country to practice psychiatric or neurological medicine. (2) A licensed psychologist who has a doctoral degree in psychology and at least five years of postgraduate experience in the diagnosis and treatment of emotional and mental disorders and who is licensed in that state or authorized to practice in that country. (e) If the rights of a parent are sought to be terminated pursuant to this section, and the parent does not have an attorney, the court shall appoint an attorney for the parent pursuant to Article 4 (commencing with Section 7860) of Chapter 3, whether or not a request for the appointment is made by the parent. (Amended by Stats. 2018, Ch. 389, Sec. 13. (AB 2296) Effective January 1, 2019.)
  140. 783.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHARACTERIZATION OF MARITAL PROPERTY [760 - 853] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Damages for Injuries to Married Person [780 - 783] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A spouse’s fault is generally not a defense to a married person’s injury claim, unless that same conduct would be a defense even if the marriage did not exist.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHARACTERIZATION OF MARITAL PROPERTY [760 - 853] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Damages for Injuries to Married Person [780 - 783] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 783. If a married person is injured by the negligent or wrongful act or omission of a person other than the married person’s spouse, the fact that the negligent or wrongful act or omission of the spouse of the injured person was a concurring cause of the injury is not a defense in an action brought by the injured person to recover damages for the injury except in cases where the concurring negligent or wrongful act or omission would be a defense if the marriage did not exist. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  141. 7840.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Authorized Petitioners [7840 - 7842] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Certain state, county, and adoption agencies may file a petition to declare a child free from parental custody and control, and the county counsel or district attorney must begin the proceeding within 30 days after request in a proper case.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Authorized Petitioners [7840 - 7842] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7840. (a) A petition may be filed under this part for an order or judgment declaring a child free from the custody and control of either or both parents by any of the following: (1) The State Department of Social Services, a county welfare department, a licensed private or public adoption agency, a county adoption department, or a county probation department which is planning adoptive placement of the child with a licensed adoption agency. (2) The State Department of Social Services acting as an adoption agency in counties which are not served by a county adoption agency. (b) The fact that a child is in a foster care home subject to the requirements of Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code does not prevent the filing of a petition under subdivision (a). (c) The county counsel or, if there is no county counsel, the district attorney of the county specified in Section 7845 shall, in a proper case, institute the proceeding upon the request of any of the state or county agencies mentioned in subdivision (a). The proceeding shall be instituted pursuant to this part within 30 days of the request. (d) If, at the time of the filing of a petition by a department or agency specified in subdivision (a), the child is in the custody of the petitioner, the petitioner may continue to have custody of the child pending the hearing on the petition unless the court, in its discretion, makes such other order regarding custody pending the hearing as it finds will best serve and protect the interest and welfare of the child. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  142. 7841.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Authorized Petitioners [7840 - 7842] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    An interested person may file a petition to have a child declared free from the custody and control of one or both parents.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Authorized Petitioners [7840 - 7842] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7841. (a) An interested person may file a petition under this part for an order or judgment declaring a child free from the custody and control of either or both parents. (b) For purposes of this section, an “interested person” is one who has a direct interest in the action, and includes, but is not limited to, a person who has filed, or who intends to file within a period of 6 months, an adoption petition under Section 8714, 8802, or 9000, or a licensed adoption agency to whom the child has been relinquished by the other parent. (Amended by Stats. 2007, Ch. 47, Sec. 3. Effective January 1, 2008.)
  143. 7842.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Authorized Petitioners [7840 - 7842] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The court may bifurcate a case filed under this section, and must do so when needed to protect a party or child’s interests.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Authorized Petitioners [7840 - 7842] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7842. A single petition may be filed under this part to free a child, or more than one child if the children are biological siblings, from the custody and control of both parents. A petition filed in accordance with this section may be granted in whole or in part in accordance with the procedures set forth in this chapter. The court shall retain discretion to bifurcate any case in which the petition was filed in accordance with this section, and shall do so whenever it is necessary to protect the interests of a party or a child who is the subject of the proceeding. (Added by Stats. 2014, Ch. 763, Sec. 6. (AB 1701) Effective January 1, 2015.)
  144. 7845.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Venue [7845- 7845.] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A petition must be filed in one of the counties listed in the section.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Venue [7845- 7845.] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7845. The petition shall be filed in any of the following: (a) The county in which a minor described in Chapter 2 (commencing with Section 7820) resides or is found. (b) The county in which any of the acts which are set forth in Chapter 2 (commencing with Section 7820) are alleged to have occurred. (c) The county in which a petition for the adoption of the child has been filed or the adoption agency to which the child has been relinquished or proposed to be relinquished has an office. (Amended by Stats. 2009, Ch. 492, Sec. 2. (AB 941) Effective January 1, 2010.)
  145. 7850.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Investigation and Report [7850 - 7852] ( Article 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    After a petition under Section 7841 is filed, the court clerk must immediately notify specified child welfare or court investigation personnel, and the notified person or agency must immediately investigate the child’s circumstances and the alleged grounds for the Chapter 2 case.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Investigation and Report [7850 - 7852] ( Article 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7850. Upon the filing of a petition under Section 7841, the clerk of the court shall, in accordance with the direction of the court, immediately notify the juvenile probation officer, qualified court investigator, licensed clinical social worker, licensed marriage and family therapist, licensed professional clinical counselor, or the county department designated by the board of supervisors to administer the public social services program, who shall immediately investigate the circumstances of the child and the circumstances which are alleged to bring the child within any provision of Chapter 2 (commencing with Section 7820). (Amended by Stats. 2018, Ch. 389, Sec. 14. (AB 2296) Effective January 1, 2019.)
  146. 7851.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Investigation and Report [7850 - 7852] ( Article 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Specified court investigators and related professionals must file a written investigation report with a recommendation, and the court must receive and consider it.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Investigation and Report [7850 - 7852] ( Article 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7851. (a) The juvenile probation officer, qualified court investigator, licensed clinical social worker, licensed marriage and family therapist, licensed professional clinical counselor, or the county department shall render to the court a written report of the investigation with a recommendation of the proper disposition to be made in the proceeding in the best interest of the child. (b) The report shall include all of the following: (1) A statement that the person making the report explained to the child the nature of the proceeding to end parental custody and control. (2) A statement of the child’s feelings and thoughts concerning the pending proceeding. (3) A statement of the child’s attitude towards the child’s parent or parents and particularly whether or not the child would prefer living with the parent or parents. (4) A statement that the child was informed of the child’s right to attend the hearing on the petition and the child’s feelings concerning attending the hearing. (c) If the age, or the physical, emotional, or other condition of the child precludes the child’s meaningful response to the explanations, inquiries, and information required by subdivision (b), a description of the condition shall satisfy the requirement of that subdivision. (d) The court shall receive the report in evidence and shall read and consider its contents in rendering the court’s judgment. (Amended by Stats. 2019, Ch. 115, Sec. 102. (AB 1817) Effective January 1, 2020.)
  147. 7851.5.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Investigation and Report [7850 - 7852] ( Article 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The petitioner must pay reasonable costs linked to termination of parental rights, but the amount cannot exceed $900. Public agencies and nonprofit organizations do not have to pay the investigation costs, and the court may defer, waive, or reduce costs if payment would cause hardship harmful to the child.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Investigation and Report [7850 - 7852] ( Article 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7851.5. The petitioner shall be liable for all reasonable costs incurred in connection with the termination of parental rights, including, but not limited to, costs incurred for the investigation required by this article. However, public agencies and nonprofit organizations are exempt from payment of the costs of the investigation. The liability of a petitioner for costs under this section shall not exceed nine hundred dollars ($900). The court may defer, waive, or reduce the costs when the payment would cause an economic hardship which would be detrimental to the welfare of the child. (Added by Stats. 1994, Ch. 1286, Sec. 1. Effective January 1, 1995.)
  148. 7852.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Investigation and Report [7850 - 7852] ( Article 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    In this article, “qualified court investigator” means what Section 8543 says it means.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Investigation and Report [7850 - 7852] ( Article 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7852. “Qualified court investigator,” as used in this article, has the meaning provided by Section 8543. (Added by Stats. 1993, Ch. 219, Sec. 182. Effective January 1, 1994.)
  149. 7860.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 4. Appointment of Counsel [7860 - 7864] ( Article 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    At the start of a proceeding on a petition under this part, counsel is to be appointed. Public defender or private counsel may be appointed, and the same counsel cannot represent both the child and the child’s parent.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 4. Appointment of Counsel [7860 - 7864] ( Article 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7860. At the beginning of the proceeding on a petition filed pursuant to this part, counsel shall be appointed as provided in this article. The public defender or private counsel may be appointed as counsel pursuant to this article. The same counsel shall not be appointed to represent both the child and the child’s parent. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  150. 7861.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 4. Appointment of Counsel [7860 - 7864] ( Article 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The court must consider appointing counsel for a child, and must appoint counsel if the child’s interests require it. The child generally may not be present in court unless the child asks or the court orders it.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 4. Appointment of Counsel [7860 - 7864] ( Article 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7861. The court shall consider whether the interests of the child require the appointment of counsel. If the court finds that the interests of the child require representation by counsel, the court shall appoint counsel to represent the child, whether or not the child is able to afford counsel. The child shall not be present in court unless the child so requests or the court so orders. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  151. 7862.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 4. Appointment of Counsel [7860 - 7864] ( Article 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If a parent appears without a lawyer and cannot afford one, the court must appoint counsel unless that representation is knowingly and intelligently waived.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 4. Appointment of Counsel [7860 - 7864] ( Article 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7862. If a parent appears without counsel and is unable to afford counsel, the court shall appoint counsel for the parent, unless that representation is knowingly and intelligently waived. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  152. 7863.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 4. Appointment of Counsel [7860 - 7864] ( Article 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Private counsel appointed under this article must be paid a reasonable amount set by the court, and the cost is paid by the real parties in interest other than the child unless the court finds they cannot afford counsel, in which case the county general fund pays.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 4. Appointment of Counsel [7860 - 7864] ( Article 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7863. Private counsel appointed under this article shall receive a reasonable sum for compensation and expenses, the amount of which shall be determined by the court. The amount so determined shall be paid by the real parties in interest, other than the child, in proportions the court deems just. However, if the court finds that any of the real parties in interest are unable to afford counsel, the amount shall be paid out of the general fund of the county. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  153. 7864.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 4. Appointment of Counsel [7860 - 7864] ( Article 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The court may postpone the proceeding for up to 30 days to appoint counsel and let counsel get acquainted with the case.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 4. Appointment of Counsel [7860 - 7864] ( Article 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7864. The court may continue the proceeding for not to exceed 30 days as necessary to appoint counsel and to enable counsel to become acquainted with the case. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  154. 7870.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 5. Time for Hearing; Continuance [7870 - 7871] ( Article 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A petition to declare a child free from parental custody and control must be set for hearing within 45 days, and if contested the court must set the matter for trial.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 5. Time for Hearing; Continuance [7870 - 7871] ( Article 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7870. (a) It is the public policy of this state that judicial proceedings to declare a child free from parental custody and control shall be fully determined as expeditiously as possible. (b) Notwithstanding any other provision of law, a proceeding to declare a child free from parental custody and control pursuant to this part shall be set for hearing not more than 45 days after the filing of the petition. If, at the time set for hearing, or at any continuance thereof, service has been completed and no interested person appears to contest, the court may issue an order based on the verified pleadings and any other evidence as may be submitted. If any interested person appears to contest the matter, the court shall set the matter for trial. The matter so set has precedence over all other civil matters on the date set for trial. (c) The court may continue the proceeding as provided in Section 7864 or Section 7871. (Amended by Stats. 2012, Ch. 638, Sec. 4. (AB 1757) Effective January 1, 2013.)
  155. 7871.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 5. Time for Hearing; Continuance [7870 - 7871] ( Article 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A continuance for the hearing may be granted only for good cause, and written notice is generally due within two court days of the hearing date unless the court allows an oral motion for good cause.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 5. Time for Hearing; Continuance [7870 - 7871] ( Article 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7871. (a) A continuance may be granted only upon a showing of good cause. Neither a stipulation between counsel nor the convenience of the parties is in and of itself a good cause. (b) Unless the court for good cause entertains an oral motion for continuance, written notice of a motion for a continuance of the hearing shall be filed within two court days of the date set for the hearing, together with affidavits or declarations detailing specific facts showing that a continuance is necessary. (c) A continuance shall be granted only for that period of time shown to be necessary by the evidence considered at the hearing on the motion. Whenever a continuance is granted, the facts proven which require the continuance shall be entered upon the minutes of the court. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  156. 7880.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 6. Notice of Proceeding and Attendance at Hearing [7880 - 7884] ( Article 6 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    When a petition is filed, a citation must issue and require certain people to appear at the stated time and place.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 6. Notice of Proceeding and Attendance at Hearing [7880 - 7884] ( Article 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7880. (a) Upon the filing of the petition, a citation shall issue requiring any person having the custody or control of the child, or the person with whom the child is, to appear at a time and place stated in the citation. (b) The citation shall also require the person to appear with the child except that, if the child is under the age of 10 years, appearance with the child is required only upon order of the court after necessity has been shown. (c) Service of the citation shall be made in the manner prescribed by law for service of civil process at least 10 days before the time stated in the citation for the appearance. The party or attorney responsible for serving the citation shall do so in a timely manner in order to maximize the response time available to the party being served. (Amended by Stats. 2012, Ch. 638, Sec. 5. (AB 1757) Effective January 1, 2013.)
  157. 7881.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 6. Notice of Proceeding and Attendance at Hearing [7880 - 7884] ( Article 6 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section requires notice of the proceeding to be served by citation on specified relatives, sets what the citation must say, allows an adoption-related exception, and requires service at least 10 days before the appearance time.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 6. Notice of Proceeding and Attendance at Hearing [7880 - 7884] ( Article 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7881. (a) Notice of the proceeding shall be given by service of a citation on the father or mother of the child, if the place of residence of the father or mother is known to the petitioner. If the place of residence of the father or mother is not known to the petitioner, then the citation shall be served on the grandparents and adult brothers, sisters, uncles, aunts, and first cousins of the child, if there are any and if their residences and relationships to the child are known to the petitioner. (b) The citation shall advise the person or persons that they may appear at the time and place stated in the citation. The citation shall also advise the person or persons of the rights and procedures set forth in Article 4 (commencing with Section 7860). If the petition is filed for the purpose of freeing the child for placement for adoption, the citation shall so state. (c) The citation shall be served in the manner provided by law for the service of a summons in a civil action, other than by publication. If one parent has relinquished the child for the purpose of adoption, or has signed a consent for adoption as provided in Sections 8700, 8814, or 9003, notice as provided in this section need not be given to the parent who has signed the relinquishment or consent. (d) Service of the citations required by this section shall be made at least 10 days before the time stated in the citation for the appearance. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  158. 7882.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 6. Notice of Proceeding and Attendance at Hearing [7880 - 7884] ( Article 6 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If a parent cannot be served with reasonable diligence or the parent’s residence is unknown, the petitioner must file an affidavit and the court must order publication of the citation, with mailing when the residence is known.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 6. Notice of Proceeding and Attendance at Hearing [7880 - 7884] ( Article 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7882. (a) If the parent of the child or a person alleged to be or claiming to be the parent cannot, with reasonable diligence, be served as provided for in Section 7881, or if the parent’s place of residence is not known to the petitioner, the petitioner or the petitioner’s agent or attorney shall make and file an affidavit stating the name of the parent or alleged parent and their place of residence, if known to the petitioner, and the name of the parent or alleged parent whose place of residence is unknown to the petitioner. (b) Upon the filing of the affidavit, the court shall make an order that (1) the service shall be made by the publication of a citation requiring the parent or alleged parent to appear at the time and place stated in the citation and (2) the citation shall be published pursuant to Section 6064 of the Government Code in a newspaper to be named and designated in the order as most likely to give notice to the parent or alleged parent to be served. (c) In case of publication where the residence of a parent or alleged parent is known, the court shall also direct a copy of the citation to be forthwith served upon that parent or alleged parent by mail by deposit in the post office properly addressed and with the postage thereon fully prepaid, directed to that parent or alleged parent at the place of residence. When publication is ordered, service of a copy of the citation in the manner provided for in Section 7881 is equivalent to publication and deposit in the post office. (d) If one or both of the parents of the child are unknown or if the names of one or both of the child’s parents are uncertain, that fact shall be set forth in the affidavit and the court shall order the citation to be directed to either or both of the child’s parents, naming and otherwise describing the child, and to all persons claiming to be a parent of the child. (e) Service is complete at the expiration of the time prescribed by the order for publication or when service is made as provided for in Section 7881, whichever event first occurs. (Amended by Stats. 2019, Ch. 115, Sec. 103. (AB 1817) Effective January 1, 2020.)
  159. 7883.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 6. Notice of Proceeding and Attendance at Hearing [7880 - 7884] ( Article 6 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A person personally served with a citation under Section 7880 must appear and follow the court’s order, or bring the child to court if the citation requires it; otherwise, without reasonable cause, the failure is contempt of court.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 6. Notice of Proceeding and Attendance at Hearing [7880 - 7884] ( Article 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7883. If a person personally served with a citation within this state as provided in Section 7880 fails without reasonable cause to appear and abide by the order of the court, or to bring the child before the court if so required in the citation, the failure constitutes a contempt of court. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  160. 7884.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 6. Notice of Proceeding and Attendance at Hearing [7880 - 7884] ( Article 6 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The public generally may not be admitted to a proceeding under this part, unless the child and any parent or guardian present request it. A judge may also allow people with a direct and legitimate interest in the case or court work.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 6. Notice of Proceeding and Attendance at Hearing [7880 - 7884] ( Article 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7884. (a) Unless requested by the child concerning whom the petition has been filed and any parent or guardian present, the public shall not be admitted to a proceeding under this part. (b) Notwithstanding subdivision (a), the judge may admit those persons the judge determines have a direct and legitimate interest in the particular case or in the work of the court. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  161. 7890.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 7. Hearing and Subsequent Proceedings [7890 - 7895] ( Article 7 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    In proceedings under this part, the court must consider the child’s wishes, taking the child’s age into account, and must act in the child’s best interest.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 7. Hearing and Subsequent Proceedings [7890 - 7895] ( Article 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7890. In a proceeding under this part, the court shall consider the wishes of the child, bearing in mind the age of the child, and shall act in the best interest of the child. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  162. 7891.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 7. Hearing and Subsequent Proceedings [7890 - 7895] ( Article 7 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If the child is 10 or older, the court must hear the child in chambers on certain custody-related matters and tell the child about the right to attend the hearing.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 7. Hearing and Subsequent Proceedings [7890 - 7895] ( Article 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7891. (a) Except as otherwise provided in this section, if the child who is the subject of the petition is 10 years of age or older, the child shall be heard by the court in chambers on at least the following matters: (1) The feelings and thoughts of the child concerning the custody proceeding about to take place. (2) The feelings and thoughts of the child about the child’s parent or parents. (3) The child’s preference as to custody, according to Section 3042. (b) The court shall inform the child of the child’s right to attend the hearing. However, counsel for the child may waive the hearing in chambers by the court. (c) This section does not apply if the child is confined because of illness or other incapacity to an institution or residence and is therefore unable to attend. (Amended by Stats. 1993, Ch. 219, Sec. 182.5. Effective January 1, 1994.)
  163. 7892.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 7. Hearing and Subsequent Proceedings [7890 - 7895] ( Article 7 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A court may take a child’s testimony in chambers and outside the parent’s presence when the listed conditions are met, and the finding must be supported by clear and convincing evidence.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 7. Hearing and Subsequent Proceedings [7890 - 7895] ( Article 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7892. (a) The testimony of the child may be taken in chambers and outside the presence of the child’s parent or parents if the child’s parent or parents are represented by counsel, the counsel is present, and any of the following circumstances exist: (1) The court determines that testimony in chambers is necessary to ensure truthful testimony. (2) The child is likely to be intimidated by a formal courtroom setting. (3) The child is afraid to testify in front of the child’s parent or parents. (b) The testimony of a child also may be taken in chambers and outside the presence of the guardian or guardians of a child under the circumstances specified in subdivision (a). (c) A finding pursuant to this section shall be supported by clear and convincing evidence. (d) After testimony in chambers, the parent or parents of the child may elect to have the court reporter read back the testimony or have the testimony summarized by counsel for the parent or parents. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  164. 7892.5.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 7. Hearing and Subsequent Proceedings [7890 - 7895] ( Article 7 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A court may not declare an Indian child free from a parent’s custody or control unless the stated evidence findings are made and the case involves an Indian child.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 7. Hearing and Subsequent Proceedings [7890 - 7895] ( Article 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7892.5. The court shall not declare an Indian child free from the custody or control of a parent, unless both of the following apply: (a) The court finds, supported by clear and convincing evidence, that active efforts were made in accordance with Section 361.7 of the Welfare and Institutions Code. (b) The court finds, supported by evidence beyond a reasonable doubt, including testimony of one or more “qualified expert witnesses” as described in Section 224.5 of the Welfare and Institutions Code, that the continued custody of the child by the parent is likely to result in serious emotional or physical damage to the child. (c) This section shall only apply to proceedings involving an Indian child. (Added by Stats. 2006, Ch. 838, Sec. 6. Effective January 1, 2007.)
  165. 7893.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 7. Hearing and Subsequent Proceedings [7890 - 7895] ( Article 7 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If a child is declared free from parental custody and control, the court must either appoint a guardian or refer the child for adoptive placement; if referred, the agency gets exclusive custody until adoption is granted and adoption hearings are delayed until the parents’ appellate rights are exhausted.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 7. Hearing and Subsequent Proceedings [7890 - 7895] ( Article 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7893. (a) If the court, by order or judgment, declares a child free from the custody and control of both parents under this part, or one parent if the other no longer has custody and control, the court shall at the same time take one of the following actions: (1) Appoint a guardian for the child. (2) At the request of the State Department of Social Services or a licensed adoption agency, or where the court finds it is in the child’s best interest, refer the child to a licensed adoption agency for adoptive placement by the agency. (b) When the court refers the child to a licensed adoption agency for adoptive placement by the agency: (1) The agency is responsible for the care of the child and is entitled to the exclusive custody and control of the child at all times until a petition for adoption has been granted. (2) After the referral, no petition for guardianship may be filed without the consent of the agency. (3) No petition for adoption may be heard until the appellate rights of the natural parents have been exhausted. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  166. 7894.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 7. Hearing and Subsequent Proceedings [7890 - 7895] ( Article 7 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The court’s order freeing a child from parental custody and control is binding on the child, the parents, and served persons, and the court cannot later change it. The right to appeal remains.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 7. Hearing and Subsequent Proceedings [7890 - 7895] ( Article 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7894. (a) An order and judgment of the court declaring a child free from the custody and control of a parent or parents under this part is conclusive and binding upon the child, upon the parent or parents, and upon all other persons who have been served with citations by publication or otherwise as provided in this part. (b) After making the order and judgment, the court has no power to set aside, change, or modify it. (c) Nothing in this section limits the right to appeal from the order and judgment. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  167. 7895.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 7. Hearing and Subsequent Proceedings [7890 - 7895] ( Article 7 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    On appeal from a qualifying judgment, the appellate court must appoint counsel for the appellant, and if the appellant cannot afford counsel the court must also appoint counsel and provide free transcripts.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedure [7840 - 7895] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 7. Hearing and Subsequent Proceedings [7890 - 7895] ( Article 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7895. (a) Upon appeal from a judgment freeing a child who is a dependent child of the juvenile court from parental custody and control, the appellate court shall appoint counsel for the appellant as provided by this section. (b) Upon motion by the appellant and a finding that the appellant is unable to afford counsel, the appellate court shall appoint counsel for the indigent appellant, and appellant’s counsel shall be provided a free copy of the reporter’s and clerk’s transcript. All of those costs are a charge against the court. (c) The reporter’s and clerk’s transcripts shall be prepared and transmitted immediately after filing of the notice of appeal, at court expense and without advance payment of fees. If the appellant is able to afford counsel, the court may seek reimbursement from the appellant for the cost of the transcripts under subdivision (c) of Section 68511.3 of the Government Code as though the appellant had been granted permission to proceed in forma pauperis. (Amended by Stats. 2001, Ch. 754, Sec. 3. Effective January 1, 2002.)
  168. 7900.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. INTERSTATE COMPACT ON PLACEMENT OF CHILDREN [7900 - 7913] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section adopts the Interstate Compact on Placement of Children, as set out in Section 7901, and enters it into with other jurisdictions that join it.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. INTERSTATE COMPACT ON PLACEMENT OF CHILDREN [7900 - 7913] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7900. The Interstate Compact on Placement of Children as set forth in Section 7901 is hereby adopted and entered into with all other jurisdictions joining therein. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  169. 7901.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. INTERSTATE COMPACT ON PLACEMENT OF CHILDREN [7900 - 7913] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section sets out the Interstate Compact on the Placement of Children, including notice, approval, and compliance rules for interstate child placements.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. INTERSTATE COMPACT ON PLACEMENT OF CHILDREN [7900 - 7913] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7901. The provisions of the interstate compact referred to in Section 7900 are as follows: INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN Article 1.Purpose and Policy It is the purpose and policy of the party states to cooperate with each other in the interstate placement of children to the end that: (a) Each child requiring placement shall receive the maximum opportunity to be placed in a suitable environment and with persons or institutions having appropriate qualifications and facilities to provide a necessary and desirable degree and type of care. (b) The appropriate authorities in a state where a child is to be placed may have full opportunity to ascertain the circumstances of the proposed placement, thereby promoting full compliance with applicable requirements for the protection of the child. (c) The proper authorities of the state from which the placement is made may obtain the most complete information on the basis on which to evaluate a projected placement before it is made. (d) Appropriate jurisdictional arrangements for the care of children will be promoted. Article 2.Definitions As used in this compact: (a) “Child” means a person who, by reason of minority, is legally subject to parental, guardianship, or similar control. (b) “Sending agency” means a party state, or officer or employee thereof; subdivision of a party state, or officer or employee thereof; a court of a party state; a person, corporation, association, charitable agency, or other entity that sends, brings, or causes to be sent or brought any child to another party state. (c) “Receiving state” means the state to which a child is sent, brought, or caused to be sent or brought, whether by public authorities or private persons or agencies, and whether for placement with state or local public authorities or for placement with private agencies or persons. (d) “Placement” means the arrangement for the care of a child in a family free or boarding home or in a child-caring agency or institution, but does not include any institution caring for persons with developmental disabilities or mental health disorders or any institution primarily educational in character, and any hospital or other medical facility. Article 3.Conditions for Placement (a) A sending agency shall not send, bring, or cause to be sent or brought into any other party state any child for placement in foster care or as a preliminary to a possible adoption unless the sending agency complies with each and every requirement set forth in this article and with the applicable laws of the receiving state governing the placement of children therein. (b) Before sending, bringing, or causing any child to be sent or brought into a receiving state for placement in foster care or as a preliminary to a possible adoption, the sending agency shall furnish the appropriate public authorities in the receiving state written notice of the intention to send, bring, or place the child in the receiving state. The notice shall contain: (1) The name, date, and place of birth of the child. (2) The identity and address or addresses of the parents or legal guardian. (3) The name and address of the person, agency, or institution to or with which the sending agency proposes to send, bring, or place the child. (4) A full statement of the reasons for the proposed action and evidence of the authority pursuant to which the placement is proposed to be made. (c) Any public officer or agency in a receiving state that receives notice pursuant to paragraph (b) of this article may request of the sending agency, or any other appropriate officer or agency of or in the sending agency’s state, and shall be entitled to receive therefrom, supporting or additional information it deems necessary under the circumstances to carry out the purpose and policy of this compact. (d) The child shall not be sent, brought, or caused to be sent or brought into the receiving state until the appropriate public authorities in the receiving state notify the sending agency, in writing, to the effect that the proposed placement does not appear to be contrary to the interest of the child. Article 4.Penalty for Illegal Placement The sending, bringing, or causing to be sent or brought into any receiving state of a child in violation of the terms of this compact shall constitute a violation of the laws respecting the placement of children of both the state in which the sending agency is located or from which it sends or brings the child and of the receiving state. A violation may be punished or subjected to penalty in either jurisdiction in accordance with its laws. In addition to liability for any punishment or penalty, any violation shall constitute full and sufficient grounds for the suspension or revocation of any license, permit, or other legal authorization held by the sending agency that empowers or allows it to place or care for children. Article 5.Continuing Jurisdiction (a) The sending agency shall retain jurisdiction over the child sufficient to determine all matters in relation to the custody, supervision, care, treatment, and disposition of the child that it would have had if the child had remained in the sending agency’s state, until the child is adopted, reaches majority, becomes self-supporting, or is discharged with the concurrence of the appropriate authority in the receiving state. That jurisdiction shall also include the power to effect or cause the return of the child or the child’s transfer to another location and custody pursuant to law. The sending agency shall continue to have financial responsibility for support and maintenance of the child during the period of the placement. Nothing contained herein shall defeat a claim of jurisdiction by a receiving state sufficient to deal with an act of delinquency or crime committed therein. (b) When the sending agency is a public agency, it may enter into an agreement with an authorized public or private agency in the receiving state providing for the performance of one or more services in respect of that case by the latter as agent for the sending agency. (c) This compact shall not be construed to prevent a private charitable agency authorized to place children in the receiving state from performing services or acting as agent in that state for a private charitable agency of the sending state or to prevent the agency in the receiving state from discharging financial responsibility for the support and maintenance of a child who has been placed on behalf of the sending agency without relieving the responsibility set forth in paragraph (a) of this article. Article 6.Institutional Care of Delinquent Children A child adjudicated delinquent may be placed in an institution in another party jurisdiction pursuant to this compact but that placement shall not be made unless the child is given a court hearing on notice to the parent or guardian with opportunity to be heard, before being sent to the other party jurisdiction for institutional care and the court finds that both of the following exist: (a) Equivalent facilities for the child are not available in the sending agency’s jurisdiction. (b) Institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship. Article 7.Compact Administrator The executive head of each jurisdiction party to this compact shall designate an officer who shall be general coordinator of activities under this compact in that jurisdiction and who, acting jointly with like officers of other party jurisdictions, shall have power to promulgate rules and regulations to carry out more effectively the terms and provisions of this compact. Article 8.Limitations This compact shall not apply to: (a) The sending or bringing of a child into a receiving state by the child’s parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt, or the child’s guardian and leaving the child with any such relative or nonagency guardian in the receiving state. (b) Any placement, sending, or bringing of a child into a receiving state pursuant to any other interstate compact to which both the state from which the child is sent or brought and the receiving state are party, or to any other agreement between those states that has the force of law. Article 9.Enactment and Withdrawal This compact shall be open to joinder by any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and, with the consent of Congress, the government of Canada or any province thereof. It shall become effective with respect to any of these jurisdictions when that jurisdiction has enacted the same into law. Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until two years after the effective date of the statute and until written notice of the withdrawal has been given by the withdrawing state to the Governor of each other party jurisdiction. Withdrawal of a party state shall not affect the rights, duties, and obligations under this compact of any sending agency therein with respect to a placement made before the effective date of withdrawal. Article 10.Construction and Severability The provisions of this compact shall be liberally construed to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. (Amended by Stats. 2019, Ch. 115, Sec. 104. (AB 1817) Effective January 1, 2020.)
  170. 7901.1.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. INTERSTATE COMPACT ON PLACEMENT OF CHILDREN [7900 - 7913] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    County child welfare agencies must complete certain out-of-state home studies and send a report within 60 days, with limited extensions and exceptions.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. INTERSTATE COMPACT ON PLACEMENT OF CHILDREN [7900 - 7913] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7901.1. (a) Within 60 days of receipt of a request from another state to conduct a study of a home environment for purposes of assessing the safety and suitability of placing a child in the home, a county child welfare agency shall, directly or by contract, do both of the following: (1) Conduct and complete the study. (2) Return a report to the requesting state on the results of the study. The report shall address the extent to which placement in the home would meet the needs of the child. (b) Except as provided in subdivision (c), in the case of a home study commenced on or before September 30, 2008, if the agency fails to comply with subdivision (a) within the 60-day period as a result of circumstances beyond the control of the agency, the agency shall have 75 days to comply with subdivision (a). The agency shall document the circumstances involved and certify that completing the home study is in the best interests of the child. For purposes of this subdivision, “circumstances beyond the control of the agency” include, but are not limited to, the failure of a federal agency to provide the results of a background check or the failure of any entity to provide completed medical forms, if the background check or records were requested by the agency at least 45 days before the end of the 60-day period. (c) Subdivision (b) shall not be construed to require the agency to have completed, within the applicable period, the parts of the home study involving the education and training of the prospective foster or adoptive parents. (d) The agency shall treat any report described in subdivision (a) that is received from another state, an Indian tribe, or a private agency under contract with another state, as meeting any requirements imposed by the state for the completion of a home study before placing a child in the home, unless, within 14 days after receipt of the report, the agency determines, based on grounds that are specific to the content of the report, that making a decision in reliance on the report would be contrary to the welfare of the child. (e) A county is not restricted from contracting with a private agency for the conduct of a home study described in subdivision (a). (f) The department shall work with counties to identify barriers to meeting the timeframes specified in this section and to develop recommendations to reduce or eliminate those barriers. (Added by Stats. 2007, Ch. 583, Sec. 1. Effective January 1, 2008.)
  171. 7902.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. INTERSTATE COMPACT ON PLACEMENT OF CHILDREN [7900 - 7913] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Financial responsibility for a child placed under the compact is determined under Article 5 first; if there is a partial or complete default, other state laws may also be used.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. INTERSTATE COMPACT ON PLACEMENT OF CHILDREN [7900 - 7913] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7902. Financial responsibility for a child placed pursuant to the Interstate Compact on the Placement of Children shall be determined in accordance with Article 5 of the compact in the first instance. However, in the event of partial or complete default of performance thereunder, the provisions of other state laws also may be invoked. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  172. 7903.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. INTERSTATE COMPACT ON PLACEMENT OF CHILDREN [7900 - 7913] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    In this state, “appropriate public authorities” means the State Department of Social Services, and that department must receive and act on notices required by Article 3 of the compact.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. INTERSTATE COMPACT ON PLACEMENT OF CHILDREN [7900 - 7913] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7903. The phrase “appropriate public authorities” as used in Article 3 of the Interstate Compact on the Placement of Children means, with reference to this state, the State Department of Social Services, and that department shall receive and act with reference to notices required by Article 3 of the compact. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  173. 7904.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. INTERSTATE COMPACT ON PLACEMENT OF CHILDREN [7900 - 7913] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section says that, for this state, “appropriate authority in receiving state” means the State Department of Social Services.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. INTERSTATE COMPACT ON PLACEMENT OF CHILDREN [7900 - 7913] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7904. The phrase “appropriate authority in receiving state” as used in paragraph (a) of Article 5 of the Interstate Compact on the Placement of Children, with reference to this state, means the State Department of Social Services. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  174. 7905.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. INTERSTATE COMPACT ON PLACEMENT OF CHILDREN [7900 - 7913] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Certain state and local child-placement officers and agencies may make interstate compact agreements, but agreements creating a financial commitment or obligation are not binding unless approved in writing by the Controller or the chief local fiscal officer.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. INTERSTATE COMPACT ON PLACEMENT OF CHILDREN [7900 - 7913] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7905. The officers and agencies of this state and its subdivisions having authority to place children are hereby empowered to enter into agreements with appropriate officers or agencies of or in other party states pursuant to paragraph (b) of Article 5 of the Interstate Compact on the Placement of Children. Any such agreement which contains a financial commitment or imposes a financial obligation on this state or subdivision or agency thereof is not binding unless it has the approval in writing of the Controller in the case of the state and of the chief local fiscal officer in the case of a subdivision of the state. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  175. 7906.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. INTERSTATE COMPACT ON PLACEMENT OF CHILDREN [7900 - 7913] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Requirements for visitation, inspection, or supervision in another party state are treated as satisfied if they are carried out under an agreement made by appropriate state officers or agencies.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. INTERSTATE COMPACT ON PLACEMENT OF CHILDREN [7900 - 7913] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7906. Any requirements for visitation, inspection, or supervision of children, homes, institutions, or other agencies in another party state which may apply under the law of this state shall be deemed to be met if performed pursuant to an agreement entered into by appropriate officers or agencies of this state or a subdivision thereof as contemplated by paragraph (b) of Article 5 of the Interstate Compact on the Placement of Children. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  176. 7906.5.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. INTERSTATE COMPACT ON PLACEMENT OF CHILDREN [7900 - 7913] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    County child welfare agencies must complete a requested home study and send the results report within 60 days, with limited exceptions and a possible 75-day extension in specified cases.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. INTERSTATE COMPACT ON PLACEMENT OF CHILDREN [7900 - 7913] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7906.5. (a) Within 60 days after an officer or agency of this state, or its political subdivision, receives a request from another state to conduct a study of a home environment for purposes of assessing the safety and suitability of placing a child, who is in the custody of the requesting state, in the home, the county child welfare agency shall, directly or indirectly, do both of the following: (1) Conduct and complete the home study. (2) Return to the requesting state a report on the results of the home study, which shall address the extent to which placement in the home would meet the needs of the child. (b) A licensed private adoption agency may agree to provide the services listed in subdivision (a), and upon that agreement, shall comply with the requirements of paragraphs (1) and (2) of subdivision (a). (c) Notwithstanding subdivision (a), in the case of a home study commenced on or before September 30, 2008, if the county fails to comply with subdivision (a) within the 60-day period as a result of circumstances beyond the control of the state, including, but not limited to, failure by a federal agency to provide the results of a background check or failure of any entity to provide completed medical forms requested by the state at least 45 days before the end of the 60-day period, the county shall have 75 days to comply with subdivision (a) if the county documents the circumstances involved and certifies that completing the home study is in the best interest of the child. (d) Nothing in this section shall be construed to require the county to have completed, within the applicable period, those portions of the home study concerning the education and training of the prospective foster parent or adoptive parent. (e) The county shall treat any report described in subdivision (a) that is received from another state, an Indian tribe, or a private agency under contract with another state, as meeting any requirements imposed by the state for the completion of a home study before placing a child in the home, unless, within 14 days after receipt of the report, the county determines, based on grounds that are specific to the content of the report, that making a decision in reliance on the report would be contrary to the welfare of the child. (f) A county is not restricted from contracting with a private agency for the conduct of a home study described in subdivision (a). (Added by Stats. 2007, Ch. 583, Sec. 2. Effective January 1, 2008.)
  177. 7907.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. INTERSTATE COMPACT ON PLACEMENT OF CHILDREN [7900 - 7913] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A law that restricts out-of-state adoption placements does not apply to placements made under the Interstate Compact on the Placement of Children.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. INTERSTATE COMPACT ON PLACEMENT OF CHILDREN [7900 - 7913] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7907. No provision of law restricting out-of-state placement of children for adoption shall apply to placements made pursuant to the Interstate Compact on the Placement of Children. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  178. 7907.3.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. INTERSTATE COMPACT ON PLACEMENT OF CHILDREN [7900 - 7913] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The Interstate Compact on the Placement of Children does not apply to certain placements, sendings, or bringings of an Indian child into another state when they are made under a transfer of jurisdiction to a tribal court under Section 1911 of the Indian Child Welfare Act.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. INTERSTATE COMPACT ON PLACEMENT OF CHILDREN [7900 - 7913] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7907.3. The Interstate Compact on the Placement of Children shall not apply to any placement, sending, or bringing of an Indian child into another state pursuant to a transfer of jurisdiction to a tribal court under Section 1911 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.). (Added by Stats. 2006, Ch. 838, Sec. 7. Effective January 1, 2007.)
  179. 7907.5.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. INTERSTATE COMPACT ON PLACEMENT OF CHILDREN [7900 - 7913] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A child born in this state is exempt from the Interstate Compact on the Placement of Children if the child is placed for adoption in this state with a resident of this state.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. INTERSTATE COMPACT ON PLACEMENT OF CHILDREN [7900 - 7913] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7907.5. (a) A child who is born in this state and placed for adoption in this state with a resident of this state is not subject to the provisions of the Interstate Compact on the Placement of Children. (b) A child who is born in this state and placed for adoption with a person who is not a resident of this state is subject to the provisions of the Interstate Compact on the Placement of Children, regardless of whether the adoption petition is filed in this state. In interstate placements, this state shall be deemed the sending state for any child born in the state. (Added by Stats. 2004, Ch. 858, Sec. 2. Effective January 1, 2005.)
  180. 7908.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. INTERSTATE COMPACT ON PLACEMENT OF CHILDREN [7900 - 7913] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A court with jurisdiction over a child ward may place the ward in an out-of-state facility and must keep jurisdiction over the case.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. INTERSTATE COMPACT ON PLACEMENT OF CHILDREN [7900 - 7913] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7908. A court having jurisdiction to place children adjudged wards of the court may place a ward in an out-of-state facility, as defined in subdivision (b) of Section 7910, pursuant to Section 727.1 of the Welfare and Institutions Code and Article 6 of the Interstate Compact on the Placement of Children and shall retain jurisdiction as provided in Article 5 of the compact. (Amended by Stats. 2021, Ch. 86, Sec. 3. (AB 153) Effective July 16, 2021.)
  181. 7908.5.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. INTERSTATE COMPACT ON PLACEMENT OF CHILDREN [7900 - 7913] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    For interstate adoption placements, “jurisdiction” in Article 5 means jurisdiction over or legal responsibility for the child.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. INTERSTATE COMPACT ON PLACEMENT OF CHILDREN [7900 - 7913] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7908.5. For the purposes of an interstate adoption placement, the term “jurisdiction” as used in Article 5 of the Interstate Compact on the Placement of Children means “jurisdiction over or legal responsibility for the child.” It is the intent of the Legislature that this section make a technical clarification to the Interstate Compact on the Placement of Children and not a substantive change. (Added by Stats. 2002, Ch. 260, Sec. 7. Effective January 1, 2003.)
  182. 7909.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. INTERSTATE COMPACT ON PLACEMENT OF CHILDREN [7900 - 7913] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    “Executive head” for Article 7 of the compact means the Governor, and the Governor must appoint a compact administrator.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. INTERSTATE COMPACT ON PLACEMENT OF CHILDREN [7900 - 7913] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7909. “Executive head” as used in Article 7 of the Interstate Compact on the Placement of Children means the Governor. The Governor shall appoint a compact administrator in accordance with the terms of Article 7 of the compact. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  183. 7910.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. INTERSTATE COMPACT ON PLACEMENT OF CHILDREN [7900 - 7913] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The Compact Administrator may not approve or submit certain interstate child-placement requests unless the stated legal requirements are met.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. INTERSTATE COMPACT ON PLACEMENT OF CHILDREN [7900 - 7913] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7910. (a) Approval of an interstate placement of a child for adoption shall not be granted by the Compact Administrator if the placement is in violation of either Section 8801 of this code or Section 273 of the Penal Code. (b) (1) The Compact Administrator shall not submit to a receiving state a request to place a dependent or ward for whom a county child welfare agency or county probation department has placement and care responsibility in an out-of-state residential facility, unless the requirements of Section 7911.1 of this code and Section 361.21 of, or subdivision (b) of Section 727.1 of, the Welfare and Institutions Code are met. (2) For the purpose of this section, an “out-of-state residential facility” is a facility that is located in a state outside of California, is licensed or otherwise approved by the applicable state or tribal authority, and provides an integrated program of specialized and intensive care and supervision, services and supports, treatment, and short-term, 24-hour, trauma-informed care and supervision to children. An out-of-state residential facility may be called another name, including a group home, a residential treatment facility, or a residential care treatment facility. (Amended by Stats. 2021, Ch. 86, Sec. 4. (AB 153) Effective July 16, 2021.)
  184. 7911.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. INTERSTATE COMPACT ON PLACEMENT OF CHILDREN [7900 - 7913] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section limits out-of-state residential placements for California foster children and youth, requires certification and verification steps, and phases out new placements and facilities on set dates.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. INTERSTATE COMPACT ON PLACEMENT OF CHILDREN [7900 - 7913] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7911. (a) The Legislature finds and declares all of the following: (1) The health and safety of California children placed by a county child welfare agency or probation department out of state pursuant to the provisions of the Interstate Compact on the Placement of Children are a matter of statewide concern. (2) The State Department of Social Services has full authority to require any placement of a child in an out-of-state residential facility by a county child welfare agency or county probation department be approved on a child-specific basis after the county has exhausted in-state placement and services options that meet the needs of the child and participated in the department’s technical assistance program. Before the juvenile court approves the placement pursuant to Section 361.21 of, or subdivision (b) of Section 727.1 of, the Welfare and Institutions Code, the State Department of Social Services shall certify the out-of-state residential facility pursuant to Section 7911.1. Before processing an application for out-of-state placement in a residential facility pursuant to the Interstate Compact on the Placement of Children, the Compact Administrator shall verify that the placement was approved by the juvenile court and that it has been certified by the department. (3) The Legislature further finds and declares that certification of facilities licensed under a separate state’s licensing standards has not been sufficient to ensure that the stringent California short-term residential therapeutic programs requirements are maintained to safeguard the health, safety, and well-being of California’s foster children and youth. Further research demonstrates that dependents and wards in foster care placements are generally better served when they are able to maintain and develop local community supports closer to their families and communities. (b) (1) On and after July 1, 2021, foster care placements by county child welfare agencies or probation departments into out-of-state residential facilities shall not be made, except in the limited circumstances authorized by Section 361.21 of, or subdivision (b) of Section 727.1 of, the Welfare and Institutions Code, as applicable. Unless placement of a child in an out-of-state residential facility does not require certification pursuant to subdivision (h) of Section 7911.1, the Compact Administrator shall not seek approval of placement in an out-of-state residential facility from the receiving state unless all of the following criteria are met: (A) The Compact Administrator has received from the county placing agency documentation that it has complied with the requirements of Section 16010.9 of the Welfare and Institutions Code. (B) The Compact Administrator has received documentation that the out-of-state residential facility has been certified by the State Department of Social Services, including documentation that the director of the State Department of Social Services has approved the certification. (C) The Compact Administrator has received a copy of the juvenile court order authorizing placement of the child in the out-of-state residential facility pursuant to Section 361.21 or 727.1 of the Welfare and Institutions Code. (2) On and after July 1, 2022, county child welfare agencies or probation departments shall not make new placements in out-of-state residential facilities, except for placements described in subdivision (h) of Section 7911.1. (c) Notwithstanding any other law, on and after July 1, 2022, the State Department of Social Services shall not certify any new out-of-state residential facilities for placement by county child welfare agencies or probation departments. On and after July 1, 2022, the Compact Administrator shall not seek approval of any new placements by county child welfare agencies or probation departments in out-of-state residential facilities. (d) The state shall decertify all out-of-state residential facilities for placement by county child welfare agencies or probation departments on January 1, 2023, and ensure that all children and youth placed in out of state residential facilities have been returned to California by that date. (e) This section is declaratory of existing law with respect to the Governor’s designation of the State Department of Social Services to act as the Compact Administrator and of that department to act as the single state agency charged with supervision of public social services under Section 10600 of the Welfare and Institutions Code. (Repealed and added by Stats. 2021, Ch. 86, Sec. 6. (AB 153) Effective July 16, 2021.)
  185. 7911.1.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. INTERSTATE COMPACT ON PLACEMENT OF CHILDREN [7900 - 7913] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section lets state agencies investigate out-of-state residential facilities, require reports, and control child-specific certification for placements under the interstate compact.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. INTERSTATE COMPACT ON PLACEMENT OF CHILDREN [7900 - 7913] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7911.1. (a) Notwithstanding any other law, the State Department of Social Services or its designee shall investigate any threat to the health and safety of children placed by a California county child welfare agency or probation department in an out-of-state residential facility, as defined in subdivision (b) of Section 7910, pursuant to the provisions of the Interstate Compact on the Placement of Children. This authority shall include the authority to interview children or staff in private or review their file at the out-of-state residential facility or wherever the child or files may be at the time of the investigation. Notwithstanding any other law, the State Department of Social Services or its designee shall require certified out-of-state residential facilities to comply with the reporting requirements applicable to short-term residential therapeutic programs licensed in California for each child in care, regardless of whether or not the child is a California placement, by submitting a copy of the required reports to the Compact Administrator within regulatory timeframes. The Compact Administrator, within one business day of receiving a serious incident report from a certified out-of-state residential facility, shall verbally notify any county child welfare agency or probation department with a child placed at the certified out-of-state residential facility of the serious incident report. The Compact Administrator, within five business days of receiving a written serious incident report from a certified out-of-state residential facility, shall forward a copy of the written serious incident report to any county child welfare agency or probation department with a child placed at the certified out-of-state residential facility. (b) Any contract, memorandum of understanding, or agreement entered into pursuant to paragraph (b) of Article 5 of the Interstate Compact on the Placement of Children regarding the placement of a child out of state by a California county social services agency or probation department shall include the language set forth in subdivision (a). (c) Upon receipt of a request from a county child welfare agency or probation department for a child-specific certification of a placement in an out-of-state residential facility, the State Department of Social Services or its designee shall expedite the review of the request in order to determine any additional information needed, shall communicate with the requesting county agency regarding its review including regular status updates, and shall, in a timely manner, determine whether it will issue a child-specific certification to the out-of-state residential facility pursuant to this section. (1) The licensing standards applicable to an out-of-state residential facility certified by the department shall be those required of short-term residential therapeutic programs operated in this state. (2) Before issuing a child-specific certification to the out-of-state residential facility, the department shall do all of the following: (A) Review documentation provided by the county placing agency pursuant to subdivision (e) of Section 16010.9 of the Welfare and Institutions Code. (B) Perform an on-site inspection of the out-of-state residential facility’s physical site. (C) At a minimum, review all of the following sections of the out-of-state residential facility’s program statement: (i) Core Services and Supports. (ii) Trauma Informed Interventions and Treatment Practices. (iii) Personal Rights. (iv) House Rules. (v) Discipline Policies and Procedures. (vi) Emergency Intervention Plan (Including Runaway Plan). (D) Review the out-of-state residential facility’s serious incident reports. (E) Review the out-of-state residential facility’s current license. In order for the out-of-state residential facility to receive a certification, the out-of-state residential facility shall have a current license, or an equivalent approval, in good standing issued by the appropriate authority or authorities of the state in which it is operating. (F) Review the out-of-state residential facility’s licensing history, including any substantiated complaints. (G) Review the documentation provided by the State Department of Health Care Services pursuant to subdivision (d). (H) Obtain approval from the director of the department of the child-specific certification for the out-of-state residential facility. Director approval may be given after all of the requirements of subparagraphs (A) to (G), inclusive, have been satisfied. (3) The department shall not issue a child-specific certification to the out-of-state residential facility if the out-of-state residential facility fails to cooperate during the certification process, including failing to provide any of the documentation listed in paragraph (2). (4) If all the requirements of paragraph (2) have been satisfied, the department shall certify the out-of-state residential facility pursuant to this section. The department shall provide written documentation of this certification to the county placing agency. (5) The child-specific certification is discontinued, effective immediately, upon the child transitioning out of the out-of-state residential facility’s program. (d) The licensing standards applicable to out-of-state residential facilities certified by the department, as described in subdivision (c), shall include the licensing standards for mental health program approval described in Section 1562.01 of the Health and Safety Code. These standards shall be satisfied if the State Department of Health Care Services determines that the out-of-state residential facility has an equivalent mental health program approval in the state in which it is operating. Upon receipt of a request for the State Department of Health Care Services to determine whether an out-of-state residential facility has an equivalent mental health program approval in the state in which it is operation, the State Department of Health Care Services shall expedite the review of the request in order to determine any additional information needed, shall communicate with the requesting county agency regarding its review including regular status updates, and shall, in a timely manner, make its determination. If an out-of-state residential facility cannot satisfy the licensing standards for an equivalent mental health program approval, the department shall not certify the facility. (e) Failure by an out-of-state residential facility to make children or staff available as required by subdivision (a) for a private interview or make files available for review shall be grounds to deny or discontinue the certification. (f) Certifications made pursuant to this section shall be reviewed as often as necessary to ensure the health and safety of children in care. At a minimum, certifications made pursuant to this section shall be reviewed semiannually. The department shall complete a full review of the facility’s program statement semiannually. (g) (1) The department may deny or discontinue the certification of the out-of-state residential facility if the department makes a finding that the out-of-state residential facility is not operating in compliance with the requirements of this section. The department shall engage with counties that have one or more youth at a facility proposed for decertification to allow for a transition to occur, to the extent possible while ensuring the youths’ safety and well-being. (2) If the out-of-state residential facility disagrees with any decision by the department to deny or discontinue the certification, the out-of-state residential facility may appeal the decision immediately upon receipt of the notice of decertification. If the out-of-state residential facility decides to appeal the decision, the appeal shall be submitted to the department not later than 30 calendar days after the out-of-state residential facility receives the decision. The out-of-state residential facility’s appeal shall be in writing and include all information, including supporting documents, that forms the basis of the appeal. The department shall issue a final determination not later than 30 calendar days after receipt of the appeal. If the out-of-state residential facility disagrees with the department’s determination, the out-of-state residential facility may file a writ pursuant to paragraph (3). If the out-of-state residential facility decides to file a writ, the writ shall be filed not later than 30 calendar days after the out-of-state residential facility receives the final determination. (3) Any judicial proceeding to contest the department’s determination as to the status of the out-of-state residential facility’s certificate shall be held in California pursuant to Section 1085 of the Code of Civil Procedure. (h) The certification requirements of this section shall not impact any of the following: (1) Placement of emotionally disturbed children made pursuant to an individualized education program developed pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) if the placement is not funded with federal or state foster care funds. (2) Placement of Indian children, as defined by the Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et. seq.) and Section 224.1 of the Welfare and Institutions Code. (i) Failure by an out-of-state residential facility to obtain or maintain its certification, as required by this section, shall preclude the use of any public funds, whether county, state, or federal, in the payment for the placement of any child in that out-of-state residential facility pursuant to the Interstate Compact on the Placement of Children. (j) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services and the State Department of Health Care Services may implement, interpret, or make specific this section by means of all-county letters, written directives, interim licensing standards, or similar written instructions from the department until regulations are adopted. These all-county letters, written directives, interim licensing standards, or similar written instructions shall have the same force and effect as regulations until the adoption of regulations. (Repealed and added by Stats. 2021, Ch. 86, Sec. 8. (AB 153) Effective July 16, 2021.)
  186. 7912.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. INTERSTATE COMPACT ON PLACEMENT OF CHILDREN [7900 - 7913] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    The department must report to legislative policy and fiscal committees about children placed in out-of-state residential facilities and related capacity and safety data, and the reports must exclude identifying demographic data.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. INTERSTATE COMPACT ON PLACEMENT OF CHILDREN [7900 - 7913] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7912. (a) The Legislature finds and declares that the health and safety of children placed in out-of-state residential facilities pursuant to the Interstate Compact on the Placement of Children is a matter of statewide concern. The Legislature therefore affirms its intention that children placed by a county child welfare agency or probation department in out-of-state residential facilities be accorded the same personal rights and safeguards of a child placed in a California licensed short-term residential therapeutic program. This section is in clarification of existing law. (b) (1) On or before September 1, 2021, and each month thereafter, the department shall report to the relevant policy and fiscal committees of the Legislature the number of children placed by a county child welfare agency or probation department in out-of-state residential facilities pursuant to the Interstate Compact on the Placement of Children. (2) On or before January 1, 2022, and every six months thereafter until facilities are decertified and all children returned to California on or before January 1, 2023, the department, in consultation with the counties, shall report to the relevant policy and fiscal committees of the Legislature on the capacity for serving all child welfare and probation-supervised foster children within California or in home-based settings outside of the state. The report shall also include all of the following data, as applicable: (A) The number of children served by out-of-state residential facilities, disaggregated by child welfare services agency and probation department supervision. (B) Data measures related to ongoing transition planning efforts, including child and family team meetings, child-specific recruitment and family finding activities, and multiagency care coordination efforts that occurred for each child before and during placement in the out-of-state residential facility. (C) The lengths of stay of each child placed in an out-of-state residential facility by a California child welfare agency or probation department. (D) The total number of all serious incident reports received regarding out-of-state residential facilities, and descriptions of the types of incidents reported. (E) The total number of serious incident reports received regarding California children placed in out-of-state residential facilities, and descriptions of the types of incidents reported. (3) Reports made pursuant to this subdivision shall not include any demographic data that would permit identification of any child or nonminor dependent. (Amended by Stats. 2021, Ch. 86, Sec. 9. (AB 153) Effective July 16, 2021.)
  187. 7913.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. INTERSTATE COMPACT ON PLACEMENT OF CHILDREN [7900 - 7913] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A qualified private adoption agency may decide whether a placement is subject to the Interstate Compact on the Placement of Children and sign the compact forms; in independent adoptions into California, it must notify the proper district or county adoption agency and confirm the preplacement interview was completed before deciding placement, as soon as feasible.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. INTERSTATE COMPACT ON PLACEMENT OF CHILDREN [7900 - 7913] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7913. (a) When a full service licensed private adoption agency has provided adoption-related services to a birth parent or prospective adoptive parent, that agency is delegated the authority to determine whether the placement shall or shall not be made pursuant to the Interstate Compact on the Placement of Children, and to sign the compact forms documenting that determination and date of placement. (b) For children entering California in independent adoptions, prior to making a determination regarding placement and as soon as feasible, the private adoption agency shall notify the appropriate district office or delegated county adoption agency of the matter and verify that the preplacement interview of the prospective adoptive parent or parents has been completed. (c) This section shall not apply to a child who is a dependent of the court or a child subject to a petition filed under Section 300 of the Welfare and Institutions Code. (Added by Stats. 2011, Ch. 462, Sec. 5. (AB 687) Effective January 1, 2012.)
  188. 7950.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. FOSTER CARE PLACEMENT CONSIDERATIONS [7950 - 7952] ( Part 6 repealed and added by Stats. 1995, Ch. 884, Sec. 2. )

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    When foster care placement is being made, decision-makers must consider placing the child with relatives if possible, make diligent efforts to find an appropriate relative, and a court must make related findings at certain hearings. State-assisted foster care agencies may not discriminate based on race, color, or national origin.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. FOSTER CARE PLACEMENT CONSIDERATIONS [7950 - 7952] ( Part 6 repealed and added by Stats. 1995, Ch. 884, Sec. 2. ) ## 7950. (a) With full consideration for the proximity of the natural parents to the placement so as to facilitate visitation and family reunification, when a placement in foster care is being made, the following considerations shall be used: (1) Placement shall, if possible, be made in the home of a relative, unless the placement would not be in the best interest of the child. Diligent efforts shall be made by an agency or entity to which this subdivision applies, to locate an appropriate relative as defined in paragraph (2) of subdivision (h) of Section 319 of the Welfare and Institutions Code. At a permanency hearing in which the court terminates reunification services, or at a postpermanency hearing for a child not placed for adoption, the court shall find that the agency or entity to which this subdivision applies has made diligent efforts to locate an appropriate relative and that each relative whose name has been submitted to the agency or entity as a possible caretaker, either by the relative or by other persons, has been evaluated as an appropriate placement resource. (2) An agency or entity that receives state assistance and is involved in foster care placements shall not do either of the following: (A) Deny a person the opportunity to become a foster parent on the basis of the race, color, or national origin of the person or the child involved. (B) Delay or deny the placement of a child into foster care on the basis of the race, color, or national origin of the foster parent or the child involved. (b) Subdivision (a) does not affect the application of the Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.). (c) This section does not preclude a search for an appropriate relative being conducted simultaneously with a search for a foster family. (Amended by Stats. 2024, Ch. 845, Sec. 1. (AB 2929) Effective January 1, 2025.)
  189. 7951.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. FOSTER CARE PLACEMENT CONSIDERATIONS [7950 - 7952] ( Part 6 repealed and added by Stats. 1995, Ch. 884, Sec. 2. )

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    This part does not apply when deciding a foster care placement for a child for a period not intended to exceed 30 days.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. FOSTER CARE PLACEMENT CONSIDERATIONS [7950 - 7952] ( Part 6 repealed and added by Stats. 1995, Ch. 884, Sec. 2. ) ## 7951. This part does not apply in determining the foster care setting in which the child may be placed for a period not intended to exceed 30 days. (Repealed and added by Stats. 1995, Ch. 884, Sec. 2. Effective January 1, 1996.)
  190. 7952.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. FOSTER CARE PLACEMENT CONSIDERATIONS [7950 - 7952] ( Part 6 repealed and added by Stats. 1995, Ch. 884, Sec. 2. )

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    A child age 10 or older who is being considered for foster placement has the right to make a brief statement to the court.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. FOSTER CARE PLACEMENT CONSIDERATIONS [7950 - 7952] ( Part 6 repealed and added by Stats. 1995, Ch. 884, Sec. 2. ) ## 7952. A minor 10 years of age or older being considered for placement in a foster home has the right to make a brief statement to the court making a decision on placement. The court may disregard any preferences expressed by the minor. The minor’s right to make a statement is not limited to the initial placement, but continues for any proceedings concerning continued placement or a decision to return to parental custody. (Repealed and added by Stats. 1995, Ch. 884, Sec. 2. Effective January 1, 1996.)
  191. 7960.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 7. SURROGACY AND DONOR FACILITATORS, ASSISTED REPRODUCTION AGREEMENTS FOR GESTATIONAL CARRIERS, AND OOCYTE DONATIONS [7960 - 7962] ( Heading of Part 7 amended by Stats. 2015, Ch. 91, Sec. 2. )

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    This section defines key terms used in Part 7 on surrogacy, donor facilitators, assisted reproduction agreements, gestational carriers, and oocyte donations.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 7. SURROGACY AND DONOR FACILITATORS, ASSISTED REPRODUCTION AGREEMENTS FOR GESTATIONAL CARRIERS, AND OOCYTE DONATIONS [7960 - 7962] ( Heading of Part 7 amended by Stats. 2015, Ch. 91, Sec. 2. ) ## 7960. For purposes of this part, the following terms have the following meanings: (a) “Assisted reproduction agreement” has the same meaning as defined in subdivision (b) of Section 7606. (b) “Fund management agreement” means the agreement between the intended parents and the surrogacy or donor facilitator relating to the fee or other valuable consideration for services rendered or that will be rendered by the surrogacy or donor facilitator. (c) “Intended parent” means an individual, married or unmarried, who manifests the intent to be legally bound as the parent of a child resulting from assisted reproduction. (d) “Nonattorney surrogacy or donor facilitator” means a surrogacy or donor practitioner who is not an attorney in good standing licensed to practice law in this state. (e) “Surrogacy or donor facilitator” means a person or organization that engages in either of the following activities: (1) Advertising for the purpose of soliciting parties to an assisted reproduction agreement or for the donation of oocytes for use by a person other than the provider of the oocytes, or acting as an intermediary between the parties to an assisted reproduction agreement or oocyte donation. (2) Charging a fee or other valuable consideration for services rendered relating to an assisted reproduction agreement or oocyte donation. (f) “Surrogate” means a woman who bears and carries a child for another through medically assisted reproduction and pursuant to a written agreement, as set forth in Sections 7606 and 7962. Within the definition of surrogate are two different and distinct types: (1) “Traditional surrogate” means a woman who agrees to gestate an embryo, in which the woman is the gamete donor and the embryo was created using the sperm of the intended father or a donor arranged by the intended parent or parents. (2) “Gestational carrier” means a woman who is not an intended parent and who agrees to gestate a genetically unrelated embryo pursuant to an assisted reproduction agreement. (g) “Donor” means a woman who provides oocytes for use by another for the purpose of assisting the recipient of the oocytes in having a child or children. (Amended by Stats. 2019, Ch. 115, Sec. 107. (AB 1817) Effective January 1, 2020.)
  192. 7961.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 7. SURROGACY AND DONOR FACILITATORS, ASSISTED REPRODUCTION AGREEMENTS FOR GESTATIONAL CARRIERS, AND OOCYTE DONATIONS [7960 - 7962] ( Heading of Part 7 amended by Stats. 2015, Ch. 91, Sec. 2. )

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    A nonattorney surrogacy or donor facilitator must direct client funds into an approved escrow depository or attorney trust account, and may not have a financial interest in the escrow company or act as its agent.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 7. SURROGACY AND DONOR FACILITATORS, ASSISTED REPRODUCTION AGREEMENTS FOR GESTATIONAL CARRIERS, AND OOCYTE DONATIONS [7960 - 7962] ( Heading of Part 7 amended by Stats. 2015, Ch. 91, Sec. 2. ) ## 7961. (a) A nonattorney surrogacy or donor facilitator shall direct the client to deposit all client funds into either of the following: (1) An independent, bonded escrow depository maintained by a licensed, independent, bonded escrow company. (2) A trust account maintained by an attorney. (b) For purposes of this section, a nonattorney surrogacy or donor facilitator may not have a financial interest in any escrow company holding client funds. A nonattorney surrogacy or donor facilitator and any of its directors or employees shall not be an agent of any escrow company holding client funds. (c) Client funds may only be disbursed by the attorney or escrow agent as set forth in the assisted reproduction agreement and fund management agreement. (d) This section shall not apply to funds that are both of the following: (1) Not provided for in the fund management agreement. (2) Paid directly to a medical doctor for medical services or a psychologist for psychological services. (Amended by Stats. 2015, Ch. 91, Sec. 4. (AB 1049) Effective January 1, 2016.)
  193. 7962.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 7. SURROGACY AND DONOR FACILITATORS, ASSISTED REPRODUCTION AGREEMENTS FOR GESTATIONAL CARRIERS, AND OOCYTE DONATIONS [7960 - 7962] ( Heading of Part 7 amended by Stats. 2015, Ch. 91, Sec. 2. )

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    This section requires gestational carrier agreements to include specified information, be signed and notarized or witnessed, and be supported by separate lawyers before execution.

    ## Family Code - FAM ## DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962] ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 7. SURROGACY AND DONOR FACILITATORS, ASSISTED REPRODUCTION AGREEMENTS FOR GESTATIONAL CARRIERS, AND OOCYTE DONATIONS [7960 - 7962] ( Heading of Part 7 amended by Stats. 2015, Ch. 91, Sec. 2. ) ## 7962. (a) An assisted reproduction agreement for gestational carriers shall contain, but shall not be limited to, all of the following information: (1) The date on which the assisted reproduction agreement for gestational carriers was executed. (2) The persons from which the gametes originated, unless donated gametes were used, in which case the assisted reproduction agreement does not need to specify the name of the donor but shall specify whether the donated gamete or gametes were eggs, sperm, or embryos, or all. (3) The identity of the intended parent or parents. (4) Disclosure of how the intended parents will cover the medical expenses of the gestational carrier and of the newborn or newborns. If health care coverage is used to cover those medical expenses, the disclosure shall include a review of the health care policy provisions related to coverage for surrogate pregnancy, including any possible liability of the gestational carrier, third-party liability liens or other insurance coverage, and any notice requirements that could affect coverage or liability of the gestational carrier. The review and disclosure do not constitute legal advice. If coverage of liability is uncertain, a statement of that fact shall be sufficient to meet the requirements of this section. (b) Prior to executing the written assisted reproduction agreement for gestational carriers, a surrogate and the intended parent or intended parents shall be represented by separate independent licensed attorneys of their choosing. (c) The assisted reproduction agreement for gestational carriers shall be executed by the parties and the signatures on the assisted reproduction agreement for gestational carriers shall be notarized or witnessed by an equivalent method of affirmation as required in the jurisdiction where the assisted reproduction agreement for gestational carriers is executed. (d) The parties to an assisted reproduction agreement for gestational carriers shall not undergo an embryo transfer procedure, or commence injectable medication in preparation for an embryo transfer for assisted reproduction purposes, until the assisted reproduction agreement for gestational carriers has been fully executed as required by subdivisions (b) and (c) of this section. (e) An action to establish the parent and child relationship between the intended parent or parents and the child as to a child conceived pursuant to an assisted reproduction agreement for gestational carriers may be filed before the child’s birth and may be filed in the county where the child is anticipated to be born, the county where the intended parent or intended parents reside, the county where the surrogate resides, the county where the assisted reproduction agreement for gestational carriers is executed, or the county where medical procedures pursuant to the agreement are to be performed. A copy of the assisted reproduction agreement for gestational carriers shall be lodged in the court action filed for the purpose of establishing the parent and child relationship. The parties to the assisted reproduction agreement for gestational carriers shall attest, under penalty of perjury, and to the best of their knowledge and belief, as to the parties’ compliance with this section in entering into the assisted reproduction agreement for gestational carriers. Submitting those declarations shall not constitute a waiver, under Section 912 of the Evidence Code, of the lawyer-client privilege described in Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code. (f) (1) A notarized assisted reproduction agreement for gestational carriers signed by all the parties, with the attached declarations of independent attorneys, and lodged with the superior court in accordance with this section, shall rebut any presumptions contained within Part 2 (commencing with Section 7540), subdivision (a) of Section 7610, and Sections 7611 and 7613, as to the gestational carrier surrogate, or the gestational carrier surrogate’s spouse or partner, being a parent of the child or children. (2) Upon petition of any party to a properly executed assisted reproduction agreement for gestational carriers, the court shall issue a judgment or order establishing a parent and child relationship, whether pursuant to Section 7630 or otherwise. The judgment or order may be issued before or after the child’s or children’s birth subject to the limitations of Section 7633. Subject to proof of compliance with this section, the judgment or order shall establish the parent and child relationship of the intended parent or intended parents identified in the surrogacy agreement and shall establish that the surrogate, and the surrogate’s spouse or partner, is not a parent of, and has no parental rights or duties with respect to, the child or children. The judgment or order shall be issued forthwith and without further hearing or evidence, unless the court or a party to the assisted reproduction agreement for gestational carriers has a good faith, reasonable belief that the assisted reproduction agreement for gestational carriers or attorney declarations were not executed in accordance with this section. Upon motion by a party to the assisted reproduction agreement for gestational carriers, the matter shall be scheduled for hearing before a judgment or order is issued. This section does not prevent a court from finding and declaring that the intended parent is, or intended parents are, the parent or parents of the child where compliance with this section has not been met; however, the court shall require sufficient proof entitling the parties to the relief sought. (g) The petition, relinquishment or consent, agreement, order, report to the court from any investigating agency, and any power of attorney and deposition filed in the office of the clerk of the court pursuant to this part shall not be open to inspection by any person other than the parties to the proceeding and their attorneys and the State Department of Social Services, except upon the written authority of a judge of the superior court. A judge of the superior court shall not authorize anyone to inspect the petition, relinquishment or consent, agreement, order, report to the court from any investigating agency, or power of attorney or deposition, or any portion of those documents, except in exceptional circumstances and where necessary. The petitioner may be required to pay the expense of preparing the copies of the documents to be inspected. (h) Upon the written request of any party to the proceeding and the order of any judge of the superior court, the clerk of the court shall not provide any documents referred to in subdivision (g) for inspection or copying to any other person, unless the name of the gestational carrier or any information tending to identify the gestational carrier is deleted from the documents or copies thereof. (i) An assisted reproduction agreement for gestational carriers executed in accordance with this section is presumptively valid and shall not be rescinded or revoked without a court order. For purposes of this part, any failure to comply with the requirements of this section shall rebut the presumption of the validity of the assisted reproduction agreement for gestational carriers. (Amended by Stats. 2019, Ch. 115, Sec. 108. (AB 1817) Effective January 1, 2020.)
  194. 8.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1 PRELIMINARY PROVISIONS [1. - 13] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section defines common code terms like division, part, chapter, article, section, subdivision, paragraph, and subparagraph.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1 PRELIMINARY PROVISIONS [1. - 13] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8. Unless otherwise expressly stated: (a) “Division” means a division of this code. (b) “Part” means a part of the division in which that term occurs. (c) “Chapter” means a chapter of the division or part, as the case may be, in which that term occurs. (d) “Article” means an article of the chapter in which that term occurs. (e) “Section” means a section of this code. (f) “Subdivision” means a subdivision of the section in which that term occurs. (g) “Paragraph” means a paragraph of the subdivision in which that term occurs. (h) “Subparagraph” means a subparagraph of the paragraph in which that term occurs. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  195. 80.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. DEFINITIONS [50 - 155] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section defines “employee benefit plan” broadly.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. DEFINITIONS [50 - 155] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 80. “Employee benefit plan” includes public and private retirement, pension, annuity, savings, profit sharing, stock bonus, stock option, thrift, vacation pay, and similar plans of deferred or fringe benefit compensation, whether of the defined contribution or defined benefit type whether or not such plan is qualified under the Employee Retirement Income Security Act of 1974 (P.L. 93-406) (ERISA), as amended. The term also includes “employee benefit plan” as defined in Section 3 of ERISA (29 U.S.C.A. Sec. 1002(3)). (Amended by Stats. 1994, Ch. 1269, Sec. 9. Effective January 1, 1995.)
  196. 802.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHARACTERIZATION OF MARITAL PROPERTY [760 - 853] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Presumptions Concerning Nature of Property [802 - 803] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    The community-property presumption does not apply to certain property held at a person’s death if the marriage ended by dissolution more than four years earlier.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHARACTERIZATION OF MARITAL PROPERTY [760 - 853] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Presumptions Concerning Nature of Property [802 - 803] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 802. The presumption that property acquired during marriage is community property does not apply to any property to which legal or equitable title is held by a person at the time of the person’s death if the marriage during which the property was acquired was terminated by dissolution of marriage more than four years before the death. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  197. 803.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHARACTERIZATION OF MARITAL PROPERTY [760 - 853] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Presumptions Concerning Nature of Property [802 - 803] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    For property acquired before January 1, 1975 by a married woman by written instrument, section 803 sets conclusive presumptions about ownership character in favor of certain good-faith purchasers or successors.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHARACTERIZATION OF MARITAL PROPERTY [760 - 853] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Presumptions Concerning Nature of Property [802 - 803] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 803. Notwithstanding any other provision of this part, whenever any real or personal property, or any interest therein or encumbrance thereon, was acquired before January 1, 1975, by a married woman by an instrument in writing, the following presumptions apply, and are conclusive in favor of any person dealing in good faith and for a valuable consideration with the married woman or her legal representatives or successors in interest, regardless of any change in her marital status after acquisition of the property: (a) If acquired by the married woman, the presumption is that the property is the married woman’s separate property. (b) If acquired by the married woman and any other person, the presumption is that the married woman takes the part acquired by her as tenant in common, unless a different intention is expressed in the instrument. (c) If acquired by husband and wife by an instrument in which they are described as husband and wife, the presumption is that the property is the community property of the husband and wife, unless a different intention is expressed in the instrument. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  198. 850.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHARACTERIZATION OF MARITAL PROPERTY [760 - 853] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Transmutation of Property [850 - 853] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    Married persons may, subject to Sections 851 to 853, change property from community to separate, separate to community, or separate property between spouses by agreement or transfer, with or without consideration.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHARACTERIZATION OF MARITAL PROPERTY [760 - 853] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Transmutation of Property [850 - 853] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 850. Subject to Sections 851 to 853, inclusive, married persons may by agreement or transfer, with or without consideration, do any of the following: (a) Transmute community property to separate property of either spouse. (b) Transmute separate property of either spouse to community property. (c) Transmute separate property of one spouse to separate property of the other spouse. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  199. 8500.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS [8500 - 8548] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    Unless the provision or context says otherwise, the definitions in this part apply to interpreting the division.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS [8500 - 8548] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8500. Unless the provision or context otherwise requires, the definitions in this part govern the construction of this division. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  200. 8502.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS [8500 - 8548] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section defines “adoption service provider” and “reasonably available,” lets independent legal counsel for the birth parent serve in limited situations, and caps certain attorney fees at $500.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS [8500 - 8548] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8502. (a) “Adoption service provider” means any of the following: (1) A licensed private adoption agency. (2) An individual who has presented satisfactory evidence to the department that the individual is a licensed clinical social worker who also has a minimum of five years of experience providing professional social work services while employed by a licensed California adoption agency or the department. (3) In a state other than California, or a country other than the United States, an adoption agency licensed or otherwise approved under the laws of that state or country, or an individual who is licensed or otherwise certified as a clinical social worker under the laws of that state or country. (4) An individual who has presented satisfactory evidence to the department that the individual is a licensed marriage and family therapist who has a minimum of five years of experience providing professional adoption casework services while employed by a licensed California adoption agency or the department. The department shall review the qualifications of each individual to determine if the individual has performed professional adoption casework services for five years as required by this section while employed by a licensed California adoption agency or the department. (5) An individual who has presented satisfactory evidence to the department that the individual is a licensed professional clinical counselor who has a minimum of five years’ experience providing professional adoption casework services while employed by a licensed California adoption agency or the department. The department shall review the credentials of each individual to determine if the individual has performed professional adoption casework services as required by this paragraph. (b) If, in the case of a birth parent located in California, at least three adoption service providers are not reasonably available, or, in the case of a birth parent located outside of California or outside of the United States who has contacted at least three potential adoption service providers and been unsuccessful in obtaining the services of an adoption service provider who is reasonably available and willing to provide services, independent legal counsel for the birth parent may serve as an adoption service provider pursuant to subdivision (e) of Section 8801.5. “Reasonably available” means that an adoption service provider is all of the following: (1) Available within five days for an advisement of rights pursuant to Section 8801.5, or within 24 hours for the signing of the placement agreement pursuant to paragraph (3) of subdivision (b) of Section 8801.3. (2) Within 100 miles of the birth mother. (3) Available for a cost not exceeding five hundred dollars ($500) to make an advisement of rights and to witness the signing of the placement agreement. (c) If an attorney acts as an adoption service provider, the fee to make an advisement of rights and to witness the signing of the placement agreement shall not exceed five hundred dollars ($500). (Amended by Stats. 2019, Ch. 115, Sec. 109. (AB 1817) Effective January 1, 2020.)

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