California Court of Appeal

In this family law case, Mother conceived her biological daughter (Child) through artificial insemination procedures. R.M. (RM) is not the biological father. Judgment finding that RM is the presumed father of Child is affirmed, where: 1) the Family Code section 7611(d) parentage presumption serves the legitimate state interest in providing stability for children who have a parental relationship with the person afforded presumed parent status; 2) because the statutorily-prescribed requirements for the presumption necessitate a full-developed parental relationship between the person and the child, the statute ensures the application of the presumption will not deprive a parent of his or her right to raise a child without interference by a non parental figure; and 3) there is no basis for the court to alter the long-established standards that govern the presumed parent statutory scheme, as the application of the presumed parent statutory scheme in this case did not constitute an unconstitutional interference with Mother's fundamental right to parent her child.

Appellate Information

• Decided 01/27/2015
• Published 01/27/2015

Judges

• Haller

Court

• California Court of Appeal

Counsel