2007 California Family Code Chapter 1. General Provisions

CA Codes (fam:7600-7606)

7600.  This part may be cited as the Uniform Parentage Act.



7601.  "Parent and child relationship" as used in this part means
the legal relationship existing between a child and the child's
natural or adoptive parents incident to which the law confers or
imposes rights, privileges, duties, and obligations.  The term
includes the mother and child relationship and the father and child
relationship.



7602.  The parent and child relationship extends equally to every
child and to every parent, regardless of the marital status of the
parents.


7603.  Section 3140 is applicable to proceedings pursuant to this
part.


7604.  A court may order pendente lite relief consisting of a
custody or visitation order pursuant to Part 2 (commencing with
Section 3020) of Division 8, if the court finds both of the
following:
   (a) Based on the tests authorized by Section 7541, a parent and
child relationship exists pursuant to Section 7540.
   (b) The custody or visitation order would be in the best interest
of the child.



7604.5.  Notwithstanding any other provision of law, bills for
pregnancy, childbirth, and genetic testing shall be admissible as
evidence without third-party foundation testimony and shall
constitute prima facie evidence of costs incurred for those services.




7605.  (a) In any proceeding to establish physical or legal custody
of a child or a visitation order under this part, and in any
proceeding subsequent to entry of a related judgment, the court shall
ensure that each party has access to legal representation to
preserve each party's rights by ordering, if necessary based on the
income and needs assessments, one party, except a government entity,
to pay to the other party, or to the other party's attorney, whatever
amount is reasonably necessary for attorney's fees and for the cost
of maintaining or defending the proceeding during the pendency of the
proceeding.
   (b) Whether one party shall be ordered to pay attorney's fees and
costs for another party, and what amount shall be paid, shall be
determined based upon (1) the respective incomes and needs of the
parties, and (2) any factors affecting the parties' respective
abilities to pay. A party who lacks the financial ability to hire an
attorney may request, as an in pro per litigant, that the court order
the other party, if that other party has the financial ability, to
pay a reasonable amount to allow the unrepresented party to retain an
attorney in a timely manner before proceedings in the matter go
forward.
   (c) Attorney's fees and costs within this section may be awarded
for legal services rendered or costs incurred before or after the
commencement of the proceeding.
   (d) The court shall augment or modify the original award for
attorney's fees and costs as may be reasonably necessary for the
prosecution or defense of a proceeding described in subdivision (a),
or any proceeding related thereto, including after any appeal has
been concluded.
   (e) Except as provided in subdivision (f), an application for a
temporary order making, augmenting, or modifying an award of attorney'
s fees, including a reasonable retainer to hire an attorney, or
costs, or both, shall be made by motion on notice or by an order to
show cause during the pendency of any proceeding described in
subdivision (a).
   (f) The court shall rule on an application for fees under this
section within 15 days of the hearing on the motion or order to show
cause. An order described in subdivision (a) may be made without
notice by an oral motion in open court at either of the following
times:
   (1) At the time of the hearing of the cause on the merits.
   (2) At any time before entry of judgment against a party whose
default has been entered pursuant to Section 585 or 586 of the Code
of Civil Procedure. The court shall rule on any motion made pursuant
to this subdivision within 15 days and prior to the entry of any
judgment.



7606.  As used in this part, the following definitions shall apply:

   (a) "Assisted reproduction" means conception by any means other
than sexual intercourse.
   (b) "Assisted reproduction agreement" means a written contract
that includes a person who intends to be the legal parent of a child
or children born through assisted reproduction and that defines the
terms of the relationship between the parties to the contract.