PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE [7540. - 7581.]

Heading of Part 2 amended by Stats. 2018, Ch. 876, Sec. 3.

§§ 7540–7581 · 29 sections

1. CHAPTER 1. Child of Wife Cohabiting With Husband §§ 7540–7541 · 2 sections

   • § 7540 (a) Except as provided in Section 7541, the child of spouses who cohabited at the time of conception and birth is conclusively presumed to be a child of the…
   • § 7541 (a) If the court finds that the spouse who is a presumed parent under Section 7540 is not a genetic parent of the child pursuant to Chapter 2 (commencing with…
2. CHAPTER 2. Genetic Testing to Determine Parentage §§ 7550–7562 · 15 sections

   • § 7550 This chapter shall govern both of the following: (a) The genetic testing of a person who either voluntarily submits to genetic testing or is ordered to submit…
   • § 7550.5 The following definitions shall apply to this chapter: (a) “Combined relationship index” means the product of all tested relationship indices. (b) “Ethnic or…
   • § 7551 (a) Except as provided in subdivisions (b) and (c), in a civil action or proceeding in which parentage is a relevant fact, the court may, upon its own…
   • § 7551.5 All hospitals, local child support agencies, welfare offices, and family courts shall facilitate genetic tests for purposes of enforcement of this chapter.…
   • § 7552 (a) Genetic testing shall be of a type reasonably relied on by experts in the field of genetic testing and performed in a testing laboratory accredited by…
   • § 7552.5 (a) A copy of the results of all genetic testing performed under Section 7551 or 7558 shall be served upon all parties, by any method of service authorized…
   • § 7553 (a) The compensation of each expert witness appointed by the court shall be fixed at a reasonable amount. It shall be paid as the court shall order. Except as…
   • § 7554 (a) If the woman who gave birth to the child is the only other person who is a parent or has a claim to parentage of the child under this division, the court…
   • § 7555 (a) Subject to a challenge under subdivision (b), a person is identified under this part as a genetic parent of a child if genetic testing complies with this…
   • § 7556 This part applies to criminal actions subject to the following limitations and provisions: (a) An order for genetic testing shall be made only upon application…
   • § 7557 Nothing in this part prevents a party to an action or proceeding from producing other expert evidence on the matter covered by this part; but, where other…
   • § 7558 (a) This section applies only to cases where support enforcement services are being provided by the local child support agency pursuant to Section 17400. (b)…
   • § 7559 Payment of the cost of initial genetic testing shall be made in advance when agreed to by the parties or ordered by the court pursuant to Section 7640.
   • § 7560 The court or local child support agency shall order additional genetic testing upon the request of a person who contests the results of the initial testing…
   • § 7562 If a person seeking genetic testing demonstrates good cause, the court may order genetic testing of a deceased person.
3. CHAPTER 3. Establishment of Parentage by Voluntary Declaration §§ 7570–7581 · 12 sections

   • § 7570 (a) The Legislature hereby finds and declares as follows: (1) There is a compelling state interest in establishing parentage for all children. Establishing…
   • § 7571 (a) On and after January 1, 1995, upon the event of a live birth, prior to an unmarried mother or a mother who gave birth to a child conceived through assisted…
   • § 7572 (a) The Department of Child Support Services, in consultation with the State Department of Health Care Services, the California Association of Hospitals and…
   • § 7573 (a) The following persons may sign a voluntary declaration of parentage to establish the parentage of the child: (1) An unmarried woman who gave birth to the…
   • § 7573.5 (a) A voluntary declaration of parentage is void if, at the time of signing, any of the following are true: (1) A person other than the woman who gave birth to…
   • § 7574 (a) The voluntary declaration of parentage shall be executed on a form developed by the Department of Child Support Services in consultation with the State…
   • § 7575 (a) Either parent may rescind the voluntary declaration of parentage by filing a rescission form with the Department of Child Support Services within 60 days…
   • § 7576 (a) After the period for rescission provided in Section 7575 expires, but not later than two years after the effective date provided in subdivision (c) of…
   • § 7577 The following rules apply in an action to challenge a valid voluntary declaration of parentage brought by a person who is not a signatory to the declaration.…
   • § 7578 (a) Every signatory to a voluntary declaration of parentage shall be made a party to a proceeding to challenge the declaration. (b) By signing a voluntary…
   • § 7580 (a) Notwithstanding subdivision (c) of Section 7573, a voluntary declaration of parentage that is signed by a minor parent does not establish parentage until…
   • § 7581 The following provisions shall apply for voluntary declarations signed on or before December 31, 1996. (a) Except as provided in subdivision (d), the child of…