SB 375

Bill Subjects

Abstract

Existing law establishes a conclusive presumption that a man is the natural father of a child if he and the natural mother of the child are married and the child is born during the marriage, or if he signs a voluntary declaration of paternity, as provided. Under existing law, these presumptions of paternity may be rebutted by genetic evidence that another man is the biological father of the child. Existing law requires that a motion for genetic tests be filed not later than 2 years after the birth of the child, as specified. This bill would, notwithstanding those provisions, authorize a presumed father to file a motion for genetic tests within 2 years after he becomes aware of facts that lead him to reasonably believe that he may not be the biological father of the child. Existing law provides that, except as to cases in which paternity is presumed under the conclusive presumption described above, specified persons, including a man alleged or alleging himself to be the father, may bring an action to determine the existence of the father and child relationship. This bill would delete that exception, thereby authorizing those persons to bring an action to determine the existence of the father and child relationship in a case in which another man is presumed to be the father. Existing law declares that there is a compelling state interest in determining paternity for all children. This bill would instead declare that there is compelling state interest in determining biological paternity for all children, and would further declare that establishing paternity for biological fathers would increase respect for the judicial system.