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View Full Version : Parentage by estoppel in California


jeffkramer
Jun 24, 2013, 04:09 PM
In California, if a child is born, the mother passes away at birth, the father later remarries and the child is raised by both his natural father, and his wife for the remaining years of both the married couples lives, does the law recognize this woman as the child's legal mother?

I read something on the California Courts/Parentage/Paternity web posted information site re parentage by estoppel in California that would confirm this but would welcome a second opinion.

GV70
Jun 26, 2013, 12:49 PM
No, the wife cannot be considered as the legal mother.

7610. The parent and child relationship may be established as
Follows:
(a) Between a child and the natural mother, it may be established
By proof of her having given birth to the child, or under this part.
(b) Between a child and the natural father, it may be established
Under this part.
(c) Between a child and an adoptive parent, it may be established
By proof of adoption.

7601. "Parent and child relationship" as used in this part means
The legal relationship existing between a child and the child's
Natural or adoptive parents incident to which the law confers or
Imposes rights, privileges, duties, and obligations. The term
Includes the mother and child relationship and the father and child
Relationship.