Paternity And Married Persons

California’s Family Code presumes that if a child is born to a married mother, her spouse is the father of that child. If the mother becomes pregnant through donor insemination or other assisted reproduction, and the mother has the consent of her spouse, the spouse is likewise presumed to be the legal parent of the child. If a child is conceived through a heterosexual union, the paternity presumption may be rebutted if court-authorized genetic testing indicates that the spouse is not the child’s father. If you suspect that paternity may be at issue, the guidance of legal counsel is essential to protect both your rights and the rights and best interests of your child.

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