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DIVISION 12. PARENT AND CHILD RELATIONSHIP 7500-7962›PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE 7540-7581›CHAPTER 1. Child of Wife Cohabiting With Husband 7540-7541

§ 7540

California Family Code · 2026-09 edition · updated 2026-10-03 · California

(a) Except as provided in Section 7541, the child of spouses who cohabited at the time of conception and birth is conclusively presumed to be a child of the marriage.

(b) The conclusive marital presumption in subdivision (a) does not apply if the court determines that the husband of the woman who gave birth was impotent or sterile at the time of conception and that the child was not conceived through assisted reproduction.

(Repealed and added by Stats. 2018, Ch. 876, Sec. 5. (AB 2684) Effective January 1, 2019.)

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California Family Code

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