2005 California Probate Code Sections 6450-6455 CHAPTER 2. PARENT AND CHILD RELATIONSHIP

PROBATE CODE
SECTION 6450-6455

6450.  Subject to the provisions of this chapter, a relationship of
parent and child exists for the purpose of determining intestate
succession by, through, or from a person in the following
circumstances:
   (a) The relationship of parent and child exists between a person
and the person's natural parents, regardless of the marital status of
the natural parents.
   (b) The relationship of parent and child exists between an adopted
person and the person's adopting parent or parents.
6451.  (a) An adoption severs the relationship of parent and child
between an adopted person and a natural parent of the adopted person
unless both of the following requirements are satisfied:
   (1) The natural parent and the adopted person lived together at
any time as parent and child, or the natural parent was married to or
cohabiting with the other natural parent at the time the person was
conceived and died before the person's birth.
   (2) The adoption was by the spouse of either of the natural
parents or after the death of either of the natural parents.
   (b) Neither a natural parent nor a relative of a natural parent,
except for a wholeblood brother or sister of the adopted person or
the issue of that brother or sister, inherits from or through the
adopted person on the basis of a parent and child relationship
between the adopted person and the natural parent that satisfies the
requirements of paragraphs (1) and (2) of subdivision (a), unless the
adoption is by the spouse or surviving spouse of that parent.
   (c) For the purpose of this section, a prior adoptive parent and
child relationship is treated as a natural parent and child
relationship.
6452.  If a child is born out of wedlock, neither a natural parent
nor a relative of that parent inherits from or through the child on
the basis of the parent and child relationship between that parent
and the child unless both of the following requirements are
satisfied:
   (a) The parent or a relative of the parent acknowledged the child.
   (b) The parent or a relative of the parent contributed to the
support or the care of the child.
6453.  For the purpose of determining whether a person is a "natural
parent" as that term is used in this chapter:
   (a) A natural parent and child relationship is established where
that relationship is presumed and not rebutted pursuant to the
Uniform Parentage Act (Part 3 (commencing with Section 7600) of
Division 12 of the Family Code).
   (b) A natural parent and child relationship may be established
pursuant to any other provisions of the Uniform Parentage Act, except
that the relationship may not be established by an action under
subdivision (c) of Section 7630 of the Family Code unless any of the
following conditions exist:
   (1) A court order was entered during the father's lifetime
declaring paternity.
   (2) Paternity is established by clear and convincing evidence that
the father has openly held out the child as his own.
   (3) It was impossible for the father to hold out the child as his
own and paternity is established by clear and convincing evidence.
   (c) A natural parent and child relationship may be established
pursuant to Section 249.5.
6454.  For the purpose of determining intestate succession by a
person or the person's issue from or through a foster parent or
stepparent, the relationship of parent and child exists between that
person and the person's foster parent or stepparent if both of the
following requirements are satisfied:
   (a) The relationship began during the person's minority and
continued throughout the joint lifetimes of the person and the person'
s foster parent or stepparent.
   (b) It is established by clear and convincing evidence that the
foster parent or stepparent would have adopted the person but for a
legal barrier.
6455.  Nothing in this chapter affects or limits application of the
judicial doctrine of equitable adoption for the benefit of the child
or the child's issue.


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