With some exceptions, the child of a woman who is married to a man who is not impotent or sterile is generally conclusively that man’s child (Fam.C. § 7540). However, if there is a dispute on the paternity of the child, or if there is a civil case where paternity is a related issue, one of the parties may file a motion for blood tests where the mother, the child and the presumed father would have to submit to testing to prove or disprove paternity (Fam.C. §§ 7541, 7551).
Fam.C. § 7551 states that the case may be decided by the court against the party who would refuse to submit to such test. It is also important to take note of the time limit in which one may file the motion to rebut the Fam.C. § 7540 presumption, which is within 2 years from the child’s birth.
It is best to work with a lawyer who is an expert in family law to be properly guided and represented in cases involving paternity issues.