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common applications of the upa
The single most common application of the Uniform Parentage Act is the establishing of a parental relationship for support purposes.
welfare cases
A mother who wishes to receive welfare typically assigns her right to support to the County, and in turn the Department of Child Support Services pursues the parent for reimbursement purposes. It follows that the court must adjudge the parentage issue at least prior or consecutively to the support order.
custody issues in parentage cases
Custody issues arise too. FC 7604 states that a court may order pendente lite relief consisting of a custody or visitation order pursuant to Part 2 (commencing with Section 3020) of Division 8, if the court finds both of the following: (a) Based on the tests authorized by FC 7541, a parent and child relationship exists pursuant to FC 7540. (b) The custody or visitation order would be in the best interest of the child. Essentially the factors that the court will weigh are the same as in dissolution or other family cases, but the court must find that the new candidate for custody is in fact the father of the child.
rights to genetic testing
It follows that a Respondent summoned to court as the father of the child has the right to genetic or DNA testing to confirm paternity.
fc section 7611 presumption
FC 7611 contains presumptions when a man is presumed to be the natural father of a child. This includes (among other factors) when a child is born during a marriage, the parents have attempted to marry, when the father is named on the birth certificate with his consent, and when a father receives a child into his home and openly holds out the child as his natural child. While this Code section refers to a "man," the section applies to women too. Hence a child may have two mothers. In Elisa B vs. the Superior Court of Eldorado County the court stated “Though most of the decisional law has focused on the definition of the presumed father, the legal principles concerning the presumed father apply equally to a woman seeking presumed mother status." Effectively the courts can hold either of two people who agree to adopt or artificially insemnate or procreate by other means responsible for support while that parent may seek custodial rights or visitation.
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where to file a parentage case
A person who has sexual intercourse or causes conception with the intent to become a legal parent by assisted reproduction in California, submits to the jurisdiction of the courts here as to an action filed with respect to a child who may have been conceived by that act of intercourse or assisted reproduction. The case shall then be filed in one of the following: (1) The county in which the child resides or is found. (2) The county in which a licensed California adoption agency maintains an office if that agency brings the action. (3) If the father is deceased, the county in which proceedings for probate of the estate of the father of the child have been or could be commenced.
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introduction to parentage cases
Less has been written about parentage cases than divorce cases, partly because these cases are generally sealed and because the factors that guide courts on issues of custody and support, are the same in marriage, separation, partnership and parentage cases. Writing about custody and support elsewhere on this site applies too.
The Uniform Parentage Act applies to children born out of wedlock. Further, it is also commonly used to establish rights for surrogate parents or parents who give birth by arificial insemnation. FC 7606 provides: 7606. As used in this part, the following definitions shall apply: (a) "Assisted reproduction" means conception by any means other than sexual intercourse. (b) "Assisted reproduction agreement" means a written contract that includes a person who intends to be the legal parent of a child or children born through assisted reproduction and that defines the terms of the relationship between the parties to the contract.
The California Family Code states that the legislature has an interest in establishing paternity for all children and establishing paternity is a step towards a child support award, which, in turn, provides children with equal rights and access to benefits, including, but not limited to, social security, health insurance, survivors' benefits, military benefits, and inheritance rights. Knowledge of family medical history is often necessary for correct medical diagnosis and treatment. Additionally, knowing one's father is important to a child's development.
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