Craig L. v. Sandy S.

If, during a marriage, a child is fathered by a man who is not married to the mother of the child, the presumptions provided by Family Code sections 7540 and 7611 subdivision (a), permit the mother and her husband to prevent the biological father from ever establishing any parental rights over the child. However, where, as here, the mother and her husband have allegedly permitted the biological father to receive the child into his home and hold him out as his child, the biological father may assert the rebuttable presumption provided by section 7611, subdivision (d).

Accordingly, in this case we reverse the trial court’s order quashing the paternity petition of a man who alleges that he is the biological father of a child who he received into his home.

In reaching this conclusion we recognize that when, as is alleged here, more than one presumption of paternity arises under section 7611, section 7612 requires that a trial court weigh the “considerations of policy and logic.” However, contrary to the holding of the trial court, the state’s interest in protecting the marriage and promoting family stability does not per se outweigh the interests of a presumptive father and…