CALIFORNIA FAMILY LAW
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Custody and Visitation
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Paternity/Surrogacy Issues
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Presumed Father/Mother
............Postmortem Paternity Issues
3 Cards On This Topic:
In wrongful death action, deceased's half-sister lacked standing under FC 7630(a) to challenge D's paternity of deceased and therefore failed to rebut it; she had no standing to assert wrongful death C/A.
Out-of-wedlock C is not deceased intestate F's heir under PC §6453(b)(2) where F did not "openly hold out" C as his child nor make an unconcealed affirmative representation of his paternity in open view.
Paternity challenge rejected after death of alleged father unless man a presumed father under former Civil Code section 7004; DNA testing not permitted.