LawWiki
HomeCodesSearchGlossaryAPIAbout
LawWiki

Plain English summaries of California law with zero-hallucination AI. Every summary is verified against official source text.

Product

  • Search
  • Codes
  • About

Legal

  • Privacy Policy
  • Terms of Service
  • Disclaimer

© 2026 LawWiki. All rights reserved.

HomeFamily CodeDiv. 12Pt. 2Ch. 1§ 7541 Genetic Parentage Challenge Time Limit

§ 7541 Genetic Parentage Challenge Time Limit

Family Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 7541 Genetic Parentage Challenge Time Limit

Key Takeaways

  • •If a married person is assumed to be a child's parent but isn't the biological parent, the court decides who the real parents are.
  • •You only have 2 years from the child's birth to challenge if the spouse is the parent.
  • •Only the spouse, another presumed parent, or the child (with help) can challenge parentage.
  • •DNA tests can't be used to challenge parentage in old cases (before 1980) or if the child was born using special help to have a baby.

Example

A husband finds out he might not be the biological father of his wife's child.

He has 2 years from the child's birth to ask the court to check if he's really the dad. If he waits too long, he can't challenge it later. The court will decide based on other rules, not just a DNA test.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 7541 Genetic Parentage Challenge Time Limit

(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 division, including, but not limited to, Section 7612. (b) An action to challenge the parentage of the spouse who is a presumed parent under Section 7540 shall be filed and served not later than two years from the child’s date of birth and may only be filed by any of the following: (1) By either spouse. (2) By a person who is a presumed parent under Section 7611 or by the child, through or by the child’s guardian ad litem, to establish the parentage of the person who is a presumed parent under Section 7611. (c) The petition or motion to challenge a presumption under Section 7540 pursuant to this section shall be supported by a declaration under oath submitted by the moving party stating the factual basis for placing the issue of parentage before the court. (d) Genetic testing may not be used to challenge parentage, in either of the following cases: (1) A case that reached final judgment of parentage on or before September 30, 1980. (2) A case challenging the parentage of a spouse who is a parent pursuant to Section 7962 or subdivision (a) of Section 7613, except to resolve a dispute regarding whether the child was conceived through assisted reproduction. (Amended by Stats. 2019, Ch. 115, Sec. 80. (AB 1817) Effective January 1, 2020.)

Last verified: January 21, 2026

Key Terms

judgmentspousenetmotionportreproductionquestionaccordance

Related Statutes

  • § 7573 Voluntary Parentage Declaration
  • § 8613 Military Adoption Representation
  • § 17416 Child Support Agreement Judgment
  • § 17524 Child Support Arrearages Enforcement
  • § 2107 Failure To Serve Disclosures

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Family Code. Section 7541.
View Official Source