CALIFORNIA FAMILY LAW
...Custody and Visitation
......Paternity/Surrogacy Issues
.........Conclusive Presumption
 15 Cards On This Topic:
  • Conclusive presumption of parentage. Limited exceptions.
  • Genetic tests may rebut conclusive presumption of parentage if requested within 2 years of child's birth.
  • Presumption of paternity is constitutional in giving categorical preference to mother’s husband over natural father.
  • Alleged biological father has no constitutionally protected liberty interest defeating Cal.'s statutory presumption favoring husband.
  • Woman, seeking to prove decedent was her father and so inherit his estate, failed to rebut conclusive presumption that her mother’s husband was her father.
  • Blood test may not controvert conclusive presumption of paternity but if all experts agree alleged F is not F, question of paternity must be so resolved; if tests show H could not be F, rebuttable presumption conclusively rebutted.
  • Dawn D. defeats purported F's claim of a DP liberty right to an opportunity to continue his relationship with Cs; important parental relationship did not begin while Cs ••in utero••.
  • Cal.'s statutory presumptions and standing rules do not violate biological father's constitutional rights where biological father has no existing relationship with C.
  • Due process clause precludes state from applying conclusive presumption of paternity where it has effect of terminating ••existing•• father-child relationship.
  • Applying conclusive presumption of husband's paternity does not violate biological father's constitutional rights.
  • Conclusive presumption of paternity not applicable where H not cohabiting with W at time child conceived; cohabitation defined.
  • Conclusive presumption of paternity properly applied in dissolution and paternity cases despite biological reality because presumed father had established relationship with child.
  • Court properly refused to apply conclusive presumption of paternity re void marriage where blood tests on 3-yr old established another to be biological father.
  • Conclusive presumption of paternity not applied to husband where presumption's underlying policies not furthered.
  • Presumption of paternity may be invoked only when husband and wife cohabiting at time of conception, not birth.


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