Under existing law, with certain exceptions, a man is conclusively presumed to be the father of a child if he was married to and cohabiting with the child's mother. Existing law also provides that if a man signs a voluntary declaration of paternity, it has the force and effect of a judgment of paternity, subject to certain exceptions. Existing law further provides that a man is rebuttably presumed to be the father if he was married to, or attempted to marry, the mother before or after the birth of the child, or he receives the child as his own and openly holds the child out as his own. Under existing law, the voluntary declaration of paternity may be set aside by the court if genetic evidence establishes the man is not the father of the child, while the latter presumptions are rebutted by a judgment establishing paternity by another man. Existing law provides that if 2 or more presumptions conflict with each other, the presumption which on the facts is founded on the weightier considerations of policy and logic controls.
California AB 1349 (20112012) — Paternity: conflicting presumptions.
Under existing law, with certain exceptions, a man is conclusively presumed to be the father of a child if he was married to and cohabiting with the child's mother. Existing law also provides that if a man signs a voluntary declaration of paternity, it has the force and effect of a judgment of paternity, subject to certain exceptions. Existing law further provides that a man is rebuttably presumed to be the father if he was married to, or attempted to marry, the mother before or after the birth of the child, or he receives the child as his own and openly holds the child out as his own. Under existing law, the voluntary declaration of paternity may be set aside by the court if genetic evidence establishes the man is not the father of the child, while the latter presumptions are rebutted by a judgment establishing paternity by another man. Existing law provides that if 2 or more presumptions conflict with each other, the presumption which on the facts is founded on the weightier considerations of policy and logic controls.
Version chain
The bill's text revisions, in order — the diff chain from filing to enrollment.
AB 1349 HILL Assembly Third Reading — 52–22 (pass) · lower
Do pass. — 3–1 (pass) · upper
3rd Reading AB1349 Hill By Lieu — 23–14 (pass) · upper
Do pass. — 7–2 (pass) · lower
Sponsors
Hill — primary (person)
Timeline
The legislative action history — every referral, reading, and vote.
2011-02-18 Read first time. To print. reading-1
2011-02-20 From printer. May be heard in committee March 22.
2011-03-21 Referred to Com. on JUD. referral-committee
2011-04-14 From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended. reading-2, amendment-introduction, reading-1, amendment-passage
2011-04-21 Measure version as amended on April 14 corrected. amendment-passage
2011-04-25 Re-referred to Com. on JUD. referral-committee
2011-04-26 From committee: Do pass. (Ayes 7. Noes 2.) (April 26). committee-passage, committee-passage-favorable
2011-04-27 Read second time. Ordered to third reading. reading-2, reading-1
2011-05-02 Read third time. Passed. Ordered to the Senate. (Ayes 52. Noes 22. Page 1172.) reading-3, reading-1, passage
2011-05-02 In Senate. Read first time. To Com. on RLS. for assignment. reading-1
2011-05-12 Referred to Com. on JUD. referral-committee
2011-06-14 From committee: Do pass. (Ayes 3. Noes 1.) (June 14). committee-passage, committee-passage-favorable
2011-06-15 Read second time. Ordered to third reading. reading-2, reading-1
2011-07-14 Read third time. Passed. Ordered to the Assembly. (Ayes 23. Noes 14. Page 1852.). reading-3, reading-1, passage
2011-07-14 In Assembly. Ordered to Engrossing and Enrolling. committee-passage
2011-07-25 Enrolled and presented to the Governor at 1:30 p.m.
2011-08-05 Approved by the Governor. executive-signature
2011-08-05 Chaptered by Secretary of State - Chapter 185, Statutes of 2011.
Source
OpenStates / OpenCivicData bulk snapshot 2026-07-01; origin ocd-bill/48ecd41b-0d84-4d07-b3d6-e4e1c3825c05. Confidence: reported (aggregated from official California legislature records).