Paternity, Generally

A particular person may be presumed to be a child’s parent, making him owe a support duty to that child. The child of a wife cohabitating at the time of conception with her husband, who is not impotent or sterile, is conclusively presumed to be a child of the marriage. The presumption does not apply when spouses are not living together as husband and wife at the time of conception. A husband can dispute the conclusive presumption at any time by proving he was impotent or sterile at the time of conception. Conclusive presumption may also be challenged by requesting blood tests within two years of the child’s birth. Standing to make a motion for blood test is limited to the husband, child, mother, and a “presumed parent.” The blood tests (to defeat the presumption) must be ordered by the court and performed by court appointed experts.

This post is for informational purposes (see disclaimers). Credit is due to Rutter’s California Practice Guide- Family Law.

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