CALIFORNIA FAMILY LAW
...Custody and Visitation
......Paternity/Surrogacy Issues
.........Presumed Father/Mother
............Presumed Mothers
10 Cards On This Topic:

When lesbian holds out her partner’s child as her own, it is not an appropriate action to rebut presumption of presumed parenthood with proof she is not C’s biological parent.

Mother did not establish that, based on her single parent adoption decree, this was an appropriate action to rebut the parentage presumption in favor of her same-sex partner.

Remand required where trial court misapplied the law re UPA presumed parent status and erred in finding P failed to prove by a preponderance of the evidence that she was a presumed parent.

Same sex partner “received children into her home” by treating adoptive mother’s house as a “joint family home.”

There is no durational requirement to qualify as a presumed parent under 7611 (d).

Biological mother failed to meet her burden of showing declaring presumed mother to be C's 2d parent was an unconstitutional infringement of her state and federal rights to substantive due process and equal protection.

Preferences of the biological mother do not control the determination of whether presumed parent status arises under FC 7611 (d).

Wife of man who fathered C in extramarital relationship may not assert status as C's mother when the biological mother has come forward promptly to assert her maternal rights.

Sister who raised brother as her own was entitled to presumed mother status.

Under facts of case, Nicholas H. decision applies with equal force to a woman, as a presumed mother.