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What is presumption of parenthood in California?

On Behalf of | Feb 3, 2022 | Family Law |

In California, there are laws pertaining to the paternity of a child. Fathers should understand the different factors that determine the presumption of parenthood.

What is a presumption of parenthood?

When a child is born, it’s presumed that the husband of the child’s mother is the child’s father if they are living together as a family. This is in place even if the husband is not the biological father of the child. In other words, it would mean that the true biological father would have no rights toward the child.

How does presumption of parenthood work in California?

In addition to the mother’s husband is considered the presumed father as long as they were married throughout the pregnancy and birth, there are other criteria. A man is considered to be the child’s father if he attempted to marry the mother, even if the marriage was not legally validated if the child was conceived or born during that period of time. He is still considered the presumed parent even if the couple never weds.

Another way that a man is considered the presumptive parent is that he married the child’s mother after the child’s birth and signed the birth certificate. He must have also agreed to financially and emotionally support the child. If the man happily welcomed the child into his home and treated the child as his own, he could also be considered the presumptive parent.

Establishing paternity

If the child’s mother is unmarried, paternity cannot be considered presumptive in California. Instead, it would be necessary to establish paternity. This can be done with a Declaration of Paternity form that both parents sign. The document can be signed in the hospital or in court following the birth of the child. Both parents’ names are also on the child’s birth certificate.