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330 N D St, Ste 542, San Bernardino, CA 92401

“Parentage: Parentage is the act of becoming a parent; Parentage/Paternity means fatherhood or the act of becoming a father; Parentage actions/lawsuits are filed to determine or declare parentage; and Parentage files are sealed.

The establishment of parentage by voluntary declaration [FC 7570 et seq]: Has the same force and effect as a parentage judgment [FC 7573]; That has been signed by minor is not effective until 60 days after emancipation; Grants a court authority to order support; & Can be rescinded under certain conditions.

The Uniform Parentage Action [FC 7600 et seq]:

The parent-child relationship: Extends equally to every child/parent, regardless of parent’s martial status [FC 7602]; Can include more than two parents [FC 7601].

The parentage presumption [FC 7540]: A child is conclusively presumed to be a child of the marriage if: The spouses cohabited at the time of conception and birth; The husband is not sterile; & The child was not conceived through assisted reproduction.

There are two ways for the father to rebut the conclusive presumption: By proving sterility or impotency at the time of conception; or, By requesting blood tests within two years of the child’s birth.”

[LW Greenberg, California Family Law]

Post Author: lawofficesofjamesrdickinson