California Statutes
§ 7540. — 7540. (Repealed and added by Stats. 2018, Ch. 876, Sec. 5.)
California § 7540.
JurisdictionCalifornia
Code FAMFamily Code - FAM
Div. 12.DIVISION 12. PARENT AND CHILD RELATIONSHIP
Part 2.PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE
Ch. 1.CHAPTER 1. Child of Wife Cohabiting With Husband
This text of California § 7540. (7540. (Repealed and added by Stats. 2018, Ch. 876, Sec. 5.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Cal. Family Code - FAM Code § 7540. (2026).
Text
(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 marriage.
(b)The conclusive marital presumption in subdivision (a) does not apply if the court determines that the husband of the woman who gave birth was impotent or sterile at the time of conception and that the child was not conceived through assisted reproduction.
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Related
Cnty. of Riverside v. Estabrook
242 Cal. Rptr. 3d 259 (California Court of Appeals, 5th District, 2019)
D.R. v. Contra Costa County CA
(N.D. California, 2020)
County of Riverside v. Estabrook
(California Court of Appeal, 2019)
Legislative History
Repealed and added by Stats. 2018, Ch. 876, Sec. 5. (AB 2684) Effective January 1, 2019.
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Bluebook (online)
California § 7540., Counsel Stack Legal Research, https://law.counselstack.com/statute/ca/FAM/7540..