Title FAM, California Fam. Code

Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this part. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

“Dental care” means X-ray examination, anesthetic, dental or surgical diagnosis or treatment, and hospital care by a dentist licensed under the Dental Practice Act. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

“Medical care” means X-ray examination, anesthetic, medical or surgical diagnosis or treatment, and hospital care under the general or special supervision and upon the advice of or to be rendered by a physician and surgeon licensed under the Medical Practice Act. (Enacted by Stat…

“Parent or guardian” means either parent if both parents have legal custody, or the parent or person having legal custody, or the guardian, of a minor. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

“Vision care” means the diagnosis, prevention, treatment, and management of disorders, diseases, and dysfunctions of the visual system and the provision of habilitative or rehabilitative optometric services by an optometrist licensed pursuant to Article 1 (commencing with Section…

For the purposes of this division, a leasehold interest in real property is real property, not personal property. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

This part may be cited as the Emancipation of Minors Law. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

It is the purpose of this part to provide a clear statement defining emancipation and its consequences and to permit an emancipated minor to obtain a court declaration of the minor’s status. This part is not intended to affect the status of minors who may become emancipated under…

A person under the age of 18 years is an emancipated minor if any of the following conditions is satisfied: (a) The person has entered into a valid marriage, or has established a valid domestic partnership, regardless of whether the marriage or the domestic partnership has been d…

(a) Except as provided in Section 7541, the child of spouses who cohabited at the time of conception and birth is conclusively presumed to be a child of the marriage. (b) The conclusive marital presumption in subdivision (a) does not apply if the court determines that the husband…

(a) If the court finds that the spouse who is a presumed parent under Section 7540 is not a genetic parent of the child pursuant to Chapter 2 (commencing with Section 7550), the question of parentage shall be resolved in accordance with all other applicable provisions of this div…

Except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

This part may be cited as the Uniform Parentage Act. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

(a) “Natural parent” as used in this code means a nonadoptive parent established under this part, whether biologically related to the child or not. (b) “Parent and child relationship” as used in this part means the legal relationship existing between a child and the child’s natur…

The parent and child relationship extends equally to every child and to every parent, regardless of the marital status of the parents. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

Section 3140 is applicable to proceedings pursuant to this part. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

A court may order pendente lite relief consisting of a custody or visitation order pursuant to Part 2 (commencing with Section 3020) of Division 8, if the court finds both of the following: (a) A parent and child relationship exists pursuant to Section 7540 or 7541. (b) The custo…

Notwithstanding any other provision of law, bills for pregnancy, childbirth, and genetic testing shall be admissible as evidence without third-party foundation testimony and shall constitute prima facie evidence of costs incurred for those services. (Added by Stats. 1997, Ch. 599…

(a) In any proceeding to establish physical or legal custody of a child or a visitation order under this part, and in any proceeding subsequent to entry of a related judgment, the court shall ensure that each party has access to legal representation to preserve each party’s right…

As used in this part, the following definitions shall apply: (a) “Assisted reproduction” means conception by any means other than sexual intercourse. (b) “Assisted reproduction agreement” means a written contract that includes a person who intends to be the legal parent of a chil…

(a) Unless the trust instrument or the instrument of transfer expressly provides otherwise, community property that is transferred in trust remains community property during the marriage, regardless of the identity of the trustee, if the trust, originally or as amended before or …

The purpose of this part is to serve the welfare and best interest of a child by providing the stability and security of an adoptive home when those conditions are otherwise missing from the child’s life. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

This part shall be liberally construed to serve and protect the interests and welfare of the child. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

A proceeding may be brought under this part for the purpose of having a minor child declared free from the custody and control of either or both parents. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

A declaration of freedom from parental custody and control pursuant to this part terminates all parental rights and responsibilities with regard to the child. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

In a proceeding under this part, the court may appoint a suitable party to act in behalf of the child and may order such further notice of the proceedings to be given as the court deems proper. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

(a) A petition filed in a proceeding under this part, or a report of the probation officer or county department designated by the board of supervisors to administer the public social services program filed in a proceeding under this part, may be inspected only by the following pe…

There shall be no filing fee charged for a proceeding brought under this part. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

(a) Sections 3020, 3022, 3040 to 3043, inclusive, and 3409 do not apply in a proceeding under this part. (b) Except as provided in this subdivision and subdivision (c), all proceedings affecting a child, including proceedings under Divisions 8 (commencing with Section 3000) to 11…

This part does not apply to a minor adjudged a dependent child of the juvenile court pursuant to subdivision (c) of Section 360 of the Welfare and Institutions Code on and after January 1, 1989, during the period in which the minor is a dependent child of the court. For those min…

An unmarried minor may be adopted by an adult as provided in this part. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

Tribal customary adoption as defined in Section 366.24 of the Welfare and Institutions Code and as applied to Indian Children who are dependents of the court, does not apply to this part. (Amended by Stats. 2012, Ch. 35, Sec. 9. (SB 1013) Effective June 27, 2012.)

(a) Except as otherwise provided in subdivision (b), a prospective adoptive parent or parents shall be at least 10 years older than the child. (b) If the court is satisfied that the adoption of a child by a stepparent, or by a sister, brother, aunt, uncle, or first cousin and, if…

(a) A court may issue an order of adoption and declare that it shall be entered nunc pro tunc when it will serve public policy and the best interests of the child, such as cases where adoption finalization has been delayed beyond the child’s 18th birthday due to factors beyond th…

The consent of a child, if over the age of 12 years, is necessary to the child’s adoption. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

(a) A married person, not lawfully separated from the person’s spouse, shall not adopt a child without the consent of the spouse, provided that the spouse is capable of giving that consent. (b) The consent of the spouse shall not establish any parental rights or responsibilities …

(a) Except as provided in subdivision (b), a child having a presumed father under Section 7611 shall not be adopted without the consent of the child’s birth parents, if living. The consent of a presumed father is not required for the child’s adoption unless the person became a pr…

A child not having a presumed father under Section 7611 may not be adopted without the consent of the child’s mother, if living. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

Notwithstanding Sections 8604 and 8605, the consent of a birth parent is not necessary in the following cases: (a) Where the birth parent has been judicially deprived of the custody and control of the child (1) by a court order declaring the child to be free from the custody and …

(a) Notwithstanding any other section in this part, and in accordance with Section 1913 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), consent to adoption given by an Indian child’s parent is not valid unless both of the following occur: (1) The consent is execute…

All forms adopted by the department authorizing the release of an infant from a health facility to the custody of persons other than the person entitled to custody of the child pursuant to Section 3010 and authorizing these other persons to obtain medical care for the infant shal…

(a) The department shall adopt regulations specifying the form and content of the reports required by Sections 8706, 8817, and 8909. In addition to any other material that may be required by the department, the form shall include inquiries designed to elicit information on any il…

(a) Any person or organization that advertises in any periodical or newspaper, by radio, or other public medium, that the person or organization will place children for adoption, or accept, supply, provide, or obtain children for adoption, or that causes any advertisement to be p…

An adoption request for the adoption or readoption of a nondependent minor may be filed with the court in the county in which one of the following applies: (a) The petitioner resides. (b) The child was born or resides at the time of filing. (c) An office of the agency that placed…

(a) The petitioners in a proceeding for adoption of a child shall file with the court a full accounting report of all disbursements of anything of value made or agreed to be made by them or on their behalf in connection with the birth of the child, the placement of the child with…

All court hearings in an adoption proceeding shall be held in private, and the court shall exclude all persons except the officers of the court, the parties, their witnesses, counsel, and representatives of the agencies present to perform their official duties under the law gover…