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    jeffkramer's Avatar
    jeffkramer Posts: 1, Reputation: 1
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    #1

    Jun 24, 2013, 04:09 PM
    Parentage by estoppel in California
    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's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #2

    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.

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