E.C.

E.C. (appellant), the former same-sex partner of J.V. (respondent), appeals from a trial court order finding appellant failed to establish that she is a presumed parent of respondent’s biological child, L.V. (the minor), under Family Code section 7611, subdivision (d) (hereafter section 7611(d)). 1 On appeal, appellant contends the trial court misapplied the law for determining presumed parent status under the Uniform Parentage Act (UPA; § 7600 et seq.) and erred in finding she failed to satisfy her burden of proof at trial. Appellant asks this court not only to reverse the trial court’s decision, but also to find that she is a presumed parent of the minor and it would be an abuse of discretion to rebut that presumption.

We agree the trial court misapplied the UPA to the facts of this case. Accordingly, we shall remand the matter to allow the trial court to exercise its discretion with a clear understanding of the UPA and its purpose.

BACKGROUND

In 2002 respondent was in a sexual relationship with Brian P. In the course of that relationship, respondent became pregnant; soon afterward she ended her relationship with Brian. Respondent then became good friends with…