Librers
Librers v. Black
Opinion
Opinion
McADAMS, J.
Family Code section 7611, subdivision (d) defines a “presumed father” as a man who “receives the child into his home and openly holds out the child as his natural child.” The question in this appeal is whether the trial court erred in finding that appellant lacked standing to prosecute an action under the Uniform Parentage Act (UPA) (§ 7600 et seq.) as a “presumed father.” We hold that the trial court erred and, accordingly, reverse the judgment of dismissal and remand to the trial court for further proceedings in accordance with the views expressed in this opinion.
FACTUAL AND PROCEDURAL SUMMARY
Certain facts are undisputed. The child, N., was born in March 2001, to Maria. Joseph A. Librers and Maria E. Black lived together for a year before N.’s birth. At the time of N.’s birth, Joseph signed a voluntary declaration of paternity “to qualify N. for health insurance and other benefits.” N. shares Joseph’s surname. N. at all times lived in Joseph’s household for the 22 months of her life, until Joseph and Maria separated in January 2003.
Joseph was employed until October 2001, when N. was six months old, at which time Joseph became disabled by cystic fibrosis and could…