Establishing a parental relationship is a fundamental aspect of family law, as it determines the rights and responsibilities of parents toward their children.  Whether through biological means, adoption, assisted reproduction, or the Uniform Child Custody Jurisdiction and Enforcement Act, California law provides a structured approach to defining and protecting parent-child relationships.

There are several ways to establish parentage in San Diego.

1. Presumed Parentage: San Diego follows the Uniform Parentage Act (UPA) (Family Code §§ 7600–7730), which provides the framework for establishing a legal parent-child relationship. Under Family Code § 7611, a person is presumed to be a parent if:

• They were married to the child’s mother at the time of birth.
• They attempted to marry the mother before the child’s birth, even if the marriage was later deemed invalid.
• They married the mother after the birth and agreed to support the child.
• They received the child into their home and openly held the child as their own.

These presumptions are rebuttable, meaning they can be challenged with sufficient evidence, such as genetic testing or legal actions contesting parentage.

2. Establishing Parentage Through Voluntary Declaration: A Voluntary Declaration of Parentage (VDOP), governed by Family Code § 7570, allows unmarried parents to establish legal parentage without going to court. This signed declaration has the same legal weight as a court ordered Judgment and is commonly used when both biological parents agree on paternity and is often signed at the hospital when the child is born. However, a VDOP can be challenged within 60 days of signing or in cases of fraud, duress, or mistake.

3. Judicial Establishment of Parentage: When parentage is disputed or unclear, the San Diego courts can intervene to determine legal parent status. Under Family Code § 7612, courts weigh genetic evidence, the child’s best interests, and social factors in deciding parentage. If conflicting claims arise—such as when two people qualify as presumed parents—a San Diego judicial officer will determine parentage based on the child’s emotional bonds, stability, and best interests rather than solely biological connections. Sometimes, this may result in more than 2 people being deemed the parents of the child.

Key Case Law: In re Nicholas H. (2002) 28 Cal.4th 56

In this case, the California Supreme Court ruled that a non-biological, presumed father who had developed a parental bond with a child could be recognized as a legal parent over the biological father. This emphasized California’s policy of prioritizing the child’s psychological and social well-being.

4. Parentage in Assisted Reproduction and Same-Sex Parenting: California law is inclusive of non-traditional family structures. Under Family Code §§ 7613–7648, assisted reproduction and surrogacy arrangements establish parentage based on intent rather than biology.

Key Case Law: Elisa B. v. Superior Court (2005) 37 Cal.4th 108

In this landmark case, the California Supreme Court held that a same-sex partner who planned and raised a child with her partner could be considered a legal parent, even without a biological connection. This decision reinforced that parentage is not limited to genetics but extends to intent and parental conduct.

Challenging Parentage: DNA Testing and Rebuttals

A person can challenge parentage through genetic testing, but San Diego courts have discretion in weighing biological evidence against established parental relationships. Family Code § 7646 allows courts to set aside a parentage judgment if DNA results prove non-paternity, but only if doing so is in the child’s best interests.

Key Case Law: Dawn D. v. Superior Court (1998) 17 Cal.4th 932

In this case, the court ruled that a man who had acted as a father for years could not disestablish paternity solely based on DNA results. This decision reinforced the principle that legal parentage is not always dictated by biology.

Conclusion

California’s parentage laws are designed to protect the rights and well-being of children while recognizing diverse family structures. Whether through marital presumption, voluntary declarations, judicial determinations, or assisted reproduction, the state prioritizes the best interests of the child over rigid biological definitions. Case law continues to evolve, reinforcing the idea that parentage is as much about intent and responsibility as it is about genetics.

If you are facing a parentage issue in San Diego, consulting one of Primus Family Law Group’s Certified Family Law Specialists can help navigate the complexities and ensure your rights—and those of your child—are protected.