California Family Code Section 7611 - Interpretation

Family Code section 7611 lists the ways in which a father can qualify as a natural father Family Code section 7611, subdivision (d), provides that a father may be found to be a presumed father if "he receives the child into his home and openly holds out the child as his natural child." a father seeking to be declared a presumed father must establish by a preponderance of the evidence both that he received the child into his home and that he held out the child as his natural child. (In re A.A. (2003) 114 Cal.App.4th 771, 782.) We apply the substantial evidence test in reviewing the juvenile court's determination as to presumed fatherhood status. (Ibid.) Where, there is conflicting evidence, we resolve all conflicts and draw all inferences in favor of the juvenile court's determination. (Ibid.) It has been held that receiving a child into one's home within the meaning of Family Code section 7611 requires more than allowing the child to live in the home for a period of time. It requires the father to demonstrate "a consistent commitment to assume the burdens of parenthood." (In re Spencer W. (1996) 48 Cal.App.4th 1647, 1653.) The father must, to the extent possible, make the child a part of his family and care for the child. (See, e.g., In re Richard M. (1975) 14 Cal.3d 783, 795-796.) Providing a child with financial support for the necessities of life is one factor in determining whether a biological father has received a child into his home within the meaning of Family Code section 7611. (See, e.g., In re A.A., supra, 114 Cal.App.4th at p. 784; In re Kiana A., supra, 93 Cal.App.4th at pp. 1116-1117.)