[CA] How is paternity legally determined?
12
4
Under California law, a child born to a married couple is presumed to be the husband’s legal child, even if biological paternity is uncertain. This is a long-standing principle of California Family Code.
California Family Code §7540: (§7540)
“Except as provided in Section 7541, the child of a wife cohabiting with her husband, who is not impotent or sterile, is conclusively presumed to be a child of the marriage.”
So, if you were to get married to your boyfriend or fiancé prior to the child’s birth, that would eliminate any chance your ex-husband would be presumed to be the father.
Upvote if this is a clear answer
Downvote if this is not a clear answer
Full Conversation
I was legally divorced on 07/10/2025. I am having a baby with a different man on 10/10/2025. I reside in San Bernardino County, California. If I marry him, will that eliminate my ex-husband’s presumed paternity? I just want to be able to put my new man on the birth certificate without having to go to court. My ex-husband will not challenge paternity.
I understand that you're in a complex situation regarding your divorce and new relationship. Have you already discussed your plans to marry with your new partner?
Yes, he is willing to marry me.
Are there any specific concerns you have about the legal implications of your ex-husband's presumed parentage?
Yes, I want to ensure my new man will be able to be on his baby’s birth certificate without having to go to court.
Is there anything else the family lawyer should know before I connect you? Rest assured they’ll be able to help with updating the birth certificate.
Yes.
Hello and welcome to the site! My name is Barrister, and I am a licensed attorney here to help with your situation. I know your question is important, but there may be a short delay in my responses as I type out an answer or reply since I’m typically working with several customers at once on the website. I have read your post, and I’m sorry to hear you are having to deal with this situation, as I realize it can be frustrating and confusing.
Under California law, a child born to a married couple is presumed to be the husband’s legal child, even if biological paternity is uncertain. This is a long-standing principle of California Family Code.
California Family Code §7540: (§7540)
“Except as provided in Section 7541, the child of a wife cohabiting with her husband, who is not impotent or sterile, is conclusively presumed to be a child of the marriage.”
So, if you were to get married to your boyfriend or fiancé prior to the child’s birth, that would eliminate any chance your ex-husband would be presumed to be the father.
Did you have any other questions about this situation I can help with?
No, thank you for the help.
You are very welcome. Glad I could help. It was my pleasure to work with you and assist with your question.
