CHAPTER 4. Determination of Parent and Child Relationship

Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10.

§§ 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…