(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 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.
(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.
FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. For more detailed codes research information, including annotations and citations, please visit Westlaw.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.