Paternity and Rebutting Presumption by Non Parent

At the Orange County Law Office of David P Schwarz we have litigated numerous paternity cases regarding presumptions of paternity. Please contact our office at 949 735 9266 or via the web. We can also be reached by emails at

Presumed parent status despite biological nonparentage: Although genetic and blood test results showing no biological connection with the child amount to “clear and convincing evidence,” that evidence will not necessarily rebut a § 7611 parentage presumption. A Paternity Lawyer will help clarify your paternity status by applying the proper presumptions in court for you. Quite the contrary, by stating a § 7611 presumption “may be rebutted in an appropriate action,” Fam.C. § 7612(a) vests courts with discretion to determine a particular case is not “appropriate” for defeating the parentage presumption even with “clear and convincing evidence.”

A Paternity attorney will argue in court that their client is the parent or not the parent based on the presumption the courts use to determine parentage. Thus, in an “appropriate action,” a person may be declared a § 7611 presumed parent despite biological proof of the person's nonparentage and even despite the person's own admission that he or she is not the child's biological parent. nonbiological parent achieved § 7611(d) presumed father status by, among other things, openly receiving M's biological child into his home on regular basis, attending numerous family outings with child over two-year period and providing M with financial assistance before and after child's birth; presumed father status extended to “equitable” nonbiological fathers in dependency “social relationships may ‘trump’ genetics in an appropriate case”

Indeed, because biological relationship is not essential to establish, and does not conclusively defeat, § 7611 presumed parent status, it is possible under the UPA for parentage to be determined in favor of both a biological mother and her same-sex partner.

At the Orange County Law office of David P Schwarz we will argue for our client to be declared a father or mother of the alleged child. However, we can also fight for the issue that neither parent is the presumed father or mother. Where no competing alleged/presumed parent: A court properly acts within its discretion in finding the case is not an “appropriate action” to rebut presumed parentage with an admission or blood/ genetic test proof of biological nonparentage where defeating the presumption would effectively leave the child parentless. presumptive parent claim where, despite biological nonmaternity, no competing claim to being child's second parent.

Indeed, “the presumption is based on the state's interest in preserving the integrity of the family and legitimate concern for the welfare of the child. The state has an interest in preserving and protecting developed parent-child … relationships which give young children social and emotional strength and stability.”

Not limited to dependency cases: By the same token, the application of Nicholas H., supra, is not limited to dependency cases, where rebuttal of the presumption with blood/ genetic evidence would leave the child without any “fit” parent.

Indeed, the fact the child has only one fit parent may be the very reason an action should be deemed an “appropriate” one in which a § 7611(d) presumption should prevail over conclusive evidence of nonbiological parentage. “whenever possible, a child should have the benefit of two parents to support and nurture him or her.

At the Orange County Law Office of David P Schwarz we have dealt with many cases where the nonbiological parent has been presumed to be the parent under the code. Please contact our office at 949 735 9266 or via the web for a consulation. We can also be reached by email at

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