California · Family Code

FAM §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 f

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(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.

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