PART 3. UNIFORM PARENTAGE ACT

Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10.

§§ 7600–7730 · 64 sections

1. CHAPTER 1. General Provisions §§ 7600–7606 · 8 sections

   • § 7600 This part may be cited as the Uniform Parentage Act.
   • § 7601 (a) “Natural parent” as used in this code means a nonadoptive parent established under this part, whether biologically related to the child or not. (b) “Parent…
   • § 7602 The parent and child relationship extends equally to every child and to every parent, regardless of the marital status of the parents.
   • § 7603 Section 3140 is applicable to proceedings pursuant to this part.
   • § 7604 A court may order pendente lite relief consisting of a custody or visitation order pursuant to Part 2 (commencing with Section 3020) of Division 8, if the…
   • § 7604.5 Notwithstanding any other provision of law, bills for pregnancy, childbirth, and genetic testing shall be admissible as evidence without third-party foundation…
   • § 7605 (a) In any proceeding to establish physical or legal custody of a child or a visitation order under this part, and in any proceeding subsequent to entry of a…
   • § 7606 As used in this part, the following definitions shall apply: (a) “Assisted reproduction” means conception by any means other than sexual intercourse. (b)…
2. CHAPTER 2. Establishing Parent and Child Relationship §§ 7610–7614 · 7 sections

   • § 7610 The parent and child relationship may be established as follows: (a) Between a child and the natural parent, it may be established by proof of having given…
   • § 7611 A person is presumed to be the natural parent of a child if the person meets the conditions provided in Chapter 1 (commencing with Section 7540) or Chapter 3…
   • § 7611.5 Where Section 7611 does not apply, a man shall not be presumed to be the natural father of a child if either of the following is true: (a) The child was…
   • § 7612 (a) Except as provided in Chapter 1 (commencing with Section 7540) and Chapter 3 (commencing with Section 7570) of Part 2, a presumption under Section 7611 is…
   • § 7613 (a) (1) If a woman conceives through assisted reproduction with semen or ova or both donated by a donor who is not the woman’s spouse, with the consent of…
   • § 7613.5 (a) An intended parent may, but is not required to, use the forms set forth in this section to demonstrate the intent to be a legal parent of a child conceived…
   • § 7614 (a) A promise in writing to furnish support for a child, growing out of a presumed parent or alleged father and child relationship, does not require…
3. CHAPTER 3. Jurisdiction and Venue § 7620 · 1 section

   • § 7620 (a) A person who has sexual intercourse or causes conception with the intent to become a legal parent by assisted reproduction in this state, or who enters…
4. CHAPTER 4. Determination of Parent and Child Relationship §§ 7630–7650 · 31 sections

   1. ARTICLE 1. Determination of Parent and Child Relationship §§ 7630–7644 · 16 sections

      • § 7630 (a) A child, the child’s natural mother, a person presumed to be the child’s parent under subdivision (a), (b), or (c) of Section 7611, a person seeking to be…
      • § 7632 Regardless of its terms, an agreement between an alleged father or a presumed parent and the other parent or child does not bar an action under this chapter.
      • § 7633 An action under this chapter may be brought, an order or judgment may be entered before the birth of the child, and enforcement of that order or judgment shall…
      • § 7634 (a) The local child support agency may, in the local child support agency’s discretion, bring an action under this chapter in any case in which the local child…
      • § 7635 (a) The child may, if under the age of 12 years, and shall, if 12 years of age or older, be made a party to the action. If the child is a minor and a party to…
      • § 7635.5 In any action brought pursuant to this article, if the alleged father is present in court for the action, the court shall inform the alleged father of the…
      • § 7636 The judgment or order of the court determining the existence or nonexistence of the parent and child relationship is determinative for all purposes except for…
      • § 7637 The judgment or order may contain any other provision directed against the appropriate party to the proceeding, concerning the duty of support, the custody and…
      • § 7638 The procedure in an action under this part to change the name of a minor or adult child for whom a parent and child relationship is established pursuant to…
      • § 7639 If the judgment or order of the court is at variance with the child’s birth certificate, the court shall order that a new birth certificate be issued as…
      • § 7640 The court may order reasonable fees of counsel, experts, and the child’s guardian ad litem, and other costs of the action and pretrial proceedings, including…
      • § 7641 (a) If there is a voluntary declaration of paternity in place, or parentage or a duty of support has been acknowledged or adjudicated under this part or under…
      • § 7642 The court has continuing jurisdiction to modify or set aside a judgment or order made under this part. A judgment or order relating to an adoption may only be…
      • § 7643 (a) Notwithstanding any other law concerning public hearings and records, a hearing or trial held under this part may be held in closed court without…
      • § 7643.5 (a) Notwithstanding any other law concerning public hearings and records, a hearing or trial held under this part for an action filed on or after January 1,…
      • § 7644 (a) Notwithstanding any other law, an action for child custody and support and for other relief as provided in Section 7637 may be filed based upon a voluntary…
   2. ARTICLE 1.5. Setting Aside or Vacating Judgment of Parentage §§ 7645–7649.5 · 14 sections

      • § 7645 For purposes of this article, the following definitions shall apply: (a) “Child” means the child of a previously established father or mother, as determined by…
      • § 7646 (a) Notwithstanding any other law, a judgment establishing parentage may be set aside or vacated upon a motion by a previously established parent, the child,…
      • § 7647 (a) A court may grant a motion to set aside or vacate a judgment establishing parentage only if all of the following conditions are met: (1) The motion is…
      • § 7647.5 A guardian ad litem may be appointed for the child to represent the best interests of the child in an action brought pursuant to this article.
      • § 7647.7 Any genetic testing used to support the motion to set aside or vacate shall be conducted in accordance with Section 7552. The court shall, at the request of…
      • § 7648 The court may deny the motion to set aside or vacate a judgment establishing parentage if it determines that denial of the motion is in the best interest of…
      • § 7648.1 If the court denies a motion pursuant to Section 7648, the court shall state on the record the basis for the denial of that motion and any supporting facts.
      • § 7648.2 (a) This section applies only to cases where support enforcement services are being provided by a local child support agency pursuant to Section 17400. (b)…
      • § 7648.3 A court may not issue an order setting aside or vacating a judgment establishing paternity pursuant to this article under any of the following circumstances:…
      • § 7648.4 Notwithstanding any other provision of law, if the court grants a motion to set aside or vacate a paternity judgment pursuant to this article, the court shall…
      • § 7648.8 This article does not establish a basis for termination of any adoption, and does not affect any obligation of an adoptive parent to an adoptive child.
      • § 7648.9 This article does not establish a basis for setting aside or vacating a judgment establishing paternity with regard to a child conceived by assisted…
      • § 7649 This article does not limit the rights and remedies available under any other law with regard to setting aside or vacating a judgment of parentage.
      • § 7649.5 Notwithstanding any other provision of this article, a distribution from the estate of a decedent or payment made by a trustee, insurance company, pension…
   3. ARTICLE 2. Determination of Mother and Child Relationship § 7650 · 1 section

      • § 7650 (a) Any interested person may bring an action to determine the existence or nonexistence of a mother and child relationship. Insofar as practicable, the…
5. CHAPTER 5. Termination of Parental Rights in Adoption Proceedings §§ 7660–7671 · 13 sections

   • § 7660 If a mother relinquishes for or consents to, or proposes to relinquish for or consent to, the adoption of a child who has a presumed parent under Section 7611,…
   • § 7660.5 Notwithstanding any other provision of law, a presumed father may waive the right to notice of any adoption proceeding by executing a form developed by the…
   • § 7661 If the other parent relinquishes for or consents to, or proposes to relinquish for or consent to, the adoption of a child, the mother shall be given notice of…
   • § 7662 (a) If a mother relinquishes for or consents to, or proposes to relinquish for or consent to, the adoption of a child, or if a child otherwise becomes the…
   • § 7663 (a) In an effort to identify all alleged fathers and presumed parents, the court shall cause inquiry to be made of the mother and any other appropriate person…
   • § 7664 (a) If, after the inquiry, the biological father is identified to the satisfaction of the court, or if more than one man is identified as a possible biological…
   • § 7665 If, after the inquiry, the court is unable to identify the biological father or any possible biological father and no person has appeared claiming to be the…
   • § 7666 (a) Except as provided in subdivision (b), notice of the proceeding shall be given to every person identified as the biological father or a possible biological…
   • § 7667 (a) Notwithstanding any other law, an action to terminate the parental rights of an alleged father of a child as specified in this part shall be set for…
   • § 7668 (a) The court may continue the proceedings for not more than 30 days as necessary to appoint counsel and to enable counsel to prepare for the case adequately…
   • § 7669 (a) An order requiring or dispensing with an alleged father’s consent for the adoption of a child may be appealed from in the same manner as an order of the…
   • § 7670 There shall be no filing fee charged for a petition filed pursuant to Section 7662.
   • § 7671 A single petition may be filed pursuant to Section 7662 to terminate the parental rights of the alleged father or fathers of two or more biological siblings or…
6. CHAPTER 6. Protective and Restraining Orders §§ 7700–7730 · 4 sections

   1. ARTICLE 1. Orders in Summons § 7700 · 1 section

      • § 7700 In addition to the contents required by Section 412.20 of the Code of Civil Procedure, in a proceeding under this part the summons shall contain a temporary…
   2. ARTICLE 2. Ex Parte Orders § 7710 · 1 section

      • § 7710 During the pendency of a proceeding under this part, on application of a party in the manner provided by Part 4 (commencing with Section 240) of Division 2,…
   3. ARTICLE 3. Orders After Notice and Hearing § 7720 · 1 section

      • § 7720 (a) After notice and a hearing, the court may issue a protective order as defined in Section 6218 and any other restraining order as provided in Article 2…
   4. ARTICLE 4. Orders Included in Judgment § 7730 · 1 section

      • § 7730 A judgment entered in a proceeding under this part may include a protective order as defined in Section 6218 and any other restraining order as provided in…