Parentage Standing – Who can bring a parentage action?

In a “Presumed Parent” Action

An action to establish the existence or nonexistence of the parent and child relationship under Family Code §7611(a)-(c) may be brought by:

• The child
• The child’s natural mother
• The presumed parent
• An adoption agency to whom the child has been released
• A prospective adoptive parent

(See Family Code §7630(a))

When a Man Holds Out a Child as His Own

When “The presumed parent receives the child into their home and openly holds out the child as their natural child,” “Any interested party may bring an action at any time for the purpose of determining the existence or nonexistence of the parent and child relationship.”

(See Family Code §7630(b))

When a Presumed Father Dies Before the Child is Born

When “The child is in utero after the death of the decedent and the conditions set forth in Section 249.5 of the Probate Code are satisfied,” “Any interested party may bring an action at any time for the purpose of determining the existence or nonexistence of the parent and child relationship.”

(See Family Code §7630(b))

When the Presumed Parents Live Separately

An action to establish the existence or nonexistence of the parent and child relationship, except in cases of a wife cohabitating with
her husband (Family Code §§7540 et. seq.), may be brought by:

• The child
• The child’s representative
• Department of Child Support Services
• A presumed parent or a deceased or minor presumed parent’s parent or personal representative
• In cases where the natural mother is the only presumed parent or a Welf & I C §300 action or adoption is pending, the
  alleged father or, if deceased or a minor, his parent or personal representative

(See (Family Code §7630(c))

When Motherhood is in Dispute

An action to determine the existence or nonexistence of the mother-child relationship may be brought by any interested party.

(See Family Code §7650(a)).

When Surrogate Parents are Used

A party to an assisted reproduction agreement may bring an action to establish a parent and child relationship consistent with the
intent of the agreement.

(See Family Code §7630(f)).

When the Government Wants To

A child support agency may bring a parentage action in any case in which it believes it is appropriate.

(See Family Code §7634).