Paternity

Presumptive children

A child of a wife cohabiting at the time of conception with her husband who is not impotent or sterile is conclusively presumed to be the child of the marriage. A husband can dispute the conclusive presumption by proving that he was impotent or sterile at the time of conception. A husband can also dispute the conclusive presumption of paternity by requesting blood tests as authorized by Family Code Section 7541 within TWO YEARS of the child's birth.

Unmarried couple

If a child is born to unmarried couple and one of the parents disputes the paternal rights and obligations towards the child, an action to establish paternity can be filed with the Court. A pendente lite (temporary) child support can be ordered by the Court pending the final resolution of the parentage dispute.

Voluntary declaration of paternity

In case of a live birth by an unmarried mother, the natural father can establish paternity by signing statutory form declaring his paternity of the child. This declaration is treated like a judgment by the Court establishing paternity and can be used to establish custody, visitation and support of the child.