Fam. Code, § 7611 · Chapter 2. Establishing Parent and Child Relationship
Fam. Code, § 7611
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
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 (commencing with Section 7570) of Part 2 or in any of the following subdivisions:
(a) The presumed parent and the child’s natural mother are, or have been, married to each other and the child is born during the marriage, or within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce, or after a judgment of separation is entered by a court.
(b) Before the child’s birth, the presumed parent and the child’s natural mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and either of the following is true:
(1) If the attempted marriage could be declared invalid only by a court, the child is born during the attempted marriage, or within 300 days after its termination by death, annulment, declaration of invalidity, or divorce.
(2) If the attempted marriage is invalid without a court order, the child is born within 300 days after the termination of cohabitation.
(c) After the child’s birth, the presumed parent and the child’s natural mother have married, or attempted to marry, each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and either of the following is true:
(1) With the presumed parent’s consent, the presumed parent is named as the child’s parent on the child’s birth certificate.
(2) The presumed parent is obligated to support the child under a written voluntary promise or by court order.
(d) The presumed parent receives the child into their home and openly holds out the child as their natural child.
(e) The child is in utero after the death of the decedent and the conditions set forth in Section 249.5 of the Probate Code are satisfied.
Notes and commentary — not statutory text
History
Amended by Stats. 2019, Ch. 115, Sec. 87. (AB 1817) Effective January 1, 2020.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=7611.
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- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Family Code
Cited by 20 provisions
Provisions in this library whose text cites Fam. Code, § 7611. Each shows the citation as that text prints it.
Family Code
- Fam. Code, § 3010Printed as Section 7611
- Fam. Code, § 6341Printed as Section 7611
- Fam. Code, § 7500Printed as Section 7611
- Fam. Code, § 7541Printed as Section 7611
- Fam. Code, § 7573.5Printed as Section 7611
- Fam. Code, § 7577Printed as Section 7611
- Fam. Code, § 7611.5Printed as Section 7611
- Fam. Code, § 7612Printed as Section 7611
- Fam. Code, § 7613Printed as Section 7611
- Fam. Code, § 7613.5Printed as Section 7611
- Fam. Code, § 7630Printed as Section 7611
- Fam. Code, § 7635Printed as Section 7611 or 7540
- Fam. Code, § 7660Printed as Section 7611
- Fam. Code, § 7962Printed as Sections 7611 and 7613
- Fam. Code, § 8604Printed as Section 7611
- Fam. Code, § 8605Printed as Section 7611
- Fam. Code, § 17400Printed as Section 7611
Penal Code
California Rules of Court
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