republic-os/legislation/us/states/ca/20112012/ab-1349.md

---
type: "Bill"
title: "Paternity: conflicting presumptions."
description: "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."
jurisdiction: "us/states/ca"
legislature: "California Legislature"
session: "20112012"
identifier: "AB 1349"
citation: "California AB 1349 (20112012)"
classification: ["bill"]
subjects: ["Paternity: conflicting presumptions."]
status: "enacted"
primary_sponsors: ["Hill"]
version_count: 5
action_count: 18
vote_count: 4
first_action: "2011-02-18"
last_action: "2011-08-05"
source: "openstates"
source_identifier: "ocd-bill/48ecd41b-0d84-4d07-b3d6-e4e1c3825c05"
source_url: "http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201120120AB1349"
source_hash: "f7d65b30e7c435adde7ee30a1be7d57574867b16c4b1b7923f11ae9fa2bfcf55"
vintage: "2026-07-01"
source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
retrieved_at: "2026-07-06"
confidence: "reported"
tags: ["legislation", "bill", "us-ca"]
---

# 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.

1. **02/18/11 - Introduced** (filed) — [source](https://leginfo.legislature.ca.gov/faces/billPdf.xhtml?bill_id=201120120AB1349&version=20110AB134999INT)
2. **04/14/11 - Amended Assembly** (committee substitute) — [source](https://leginfo.legislature.ca.gov/faces/billPdf.xhtml?bill_id=201120120AB1349&version=20110AB134998AMD)
3. **08/05/11 - Chaptered** (committee substitute) — [source](https://leginfo.legislature.ca.gov/faces/billPdf.xhtml?bill_id=201120120AB1349&version=20110AB134996CHP)
4. **AB1349** (committee substitute) — [source](http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201120120AB1349)
5. **07/18/11 - Enrolled** (enrolled) — [source](https://leginfo.legislature.ca.gov/faces/billPdf.xhtml?bill_id=201120120AB1349&version=20110AB134997ENR)

## Votes

- 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](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/48ecd41b-0d84-4d07-b3d6-e4e1c3825c05`. Confidence: reported (aggregated from official California legislature records).