Said
Said v. Jegan
Opinion
Opinion
Rubin, J.
Fouad Said appeals from the summary judgment denying his petition to determine that he is not the father of Fouad Samir Said (Fam. Code, § 7630, subd. (b)) on the ground that he lacked standing as a presumed father to maintain such an action. Because he presented sufficient evidence to show he might qualify as the presumed father (Fam. Code, § 7611, subd. (d)), we hold that the trial court erred and reverse the judgment.
FACTS AND PROCEDURAL HISTORY
Fouad Said (appellant) and Henrietta Jegan obtained a California divorce judgment in December 1977. At the time, they had a seven-year-old daughter named Suna. In April 1979, Jegan gave birth to a son—Fouad Samir Said—and named appellant as the father on Fouad’s birth certificate. In April 2003—immediately before Fouad’s 24th birthday—appellant filed a petition to remove his name from Fouad’s birth certificate, alleging that he was “erroneously” listed as the father. The petition was prepared on a form denominated as one to establish parentage under Family Code section 7630, which is part of the Uniform Parentage Act. (Fam. Code, § 7600 et seq.) Respondents filed a response that denied appellant’s allegations, and raised…