§ 7573.5. — 7573.5. (Amended by Stats. 2023, Ch. 851, Sec. 4.)

California § 7573.5.

• Jurisdiction: California
• Code FAM: Family 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. 3.: CHAPTER 3. Establishment of Parentage by Voluntary Declaration

Text

(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 the child or a person seeking to establish parentage through a voluntary declaration of parentage is a presumed parent under Section 7540 or subdivision (a), (b), or (c) of Section 7611.
(2)
A court has entered a judgment of parentage of the child.
(3)
Another person has signed a valid voluntary declaration of parentage.
(4)
The child has a parent
under Section 7613 or 7962 other than the signatories.
(5)
The person seeking to establish parentage is a donor pursuant to Section 7613.
(6)
The person seeking to establish parentage asserts that the person is a parent under Section 7613 and the child was not conceived through assisted reproduction.
(b)
In an action in which a party is seeking a determination that a voluntary declaration of parentage is void under this section, notice shall be provided pursuant to Section 7635.

Legislative History

Amended by Stats. 2023, Ch. 851, Sec. 4. (AB 1650) Effective January 1, 2024.