California Law Recognizes 3 Types of Fathers

The issue of whether an individual has standing to present evidence is a question of law, not fact. Questions of law are subject to de novo review. (In re Daniel M. (1996) 47 Cal.App.4th 1151, 1154.) California law recognizes three types of fathers: presumed, natural, and alleged. (In re Zacharia D. (1993) 6 Cal.4th 435, 448; In re Kobe A. (2007) 146 Cal.App.4th 1113, 1121.) A presumed father, as defined by section 7611, is entitled to appointed counsel, custody (if there is no finding of detriment) and reunification services. (In re Kobe A., supra, 146 Cal.App.4th at p. 1120.) A man who has been established as the child's biological parent is a natural father. (In re Zacharia D., supra, 6 Cal.4th at p. 449, fn. 15.) Section 7611 reads in pertinent part: "A man is presumed to be the natural father of a child if he meets the conditions provided in Chapter 1 (commencing with Section 7540) or Chapter 3 (commencing with Section 7570) of Part 2 or in any of the following subdivisions: (a) He and the child's natural mother are or have been married to each other and the child is born during the marriage, or within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce, or after a judgment of separation is entered by a court. (b) Before the child's birth, he and the child's natural mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and either of the following is true: (1) If the attempted marriage could be declared invalid only by a court, the child is born during the attempted marriage, or within 300 days after its termination by death, annulment, declaration of invalidity, or divorce. (2) If the attempted marriage is invalid without a court order, the child is born within 300 days after the termination of cohabitation. (c) After the child's birth, he and the child's natural mother have married, or attempted to marry, each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and either of the following is true: (1) With his consent, he is named as the child's father on the child's birth certificate. (2) He is obligated to support the child under a written voluntary promise or by court order. (d) He receives the child into his home and openly holds out the child as his natural child." A natural father can be a presumed father, but is not necessarily one; a presumed father can be a natural father, but is not necessarily one. (Id. at p. 450, fn. 18.) A man who may be the father of the child but has not yet been established as the natural or presumed father is an alleged father. (In re Jerry P. (2002) 95 Cal.App.4th 793, 801; In re Zacharia D., supra, 6 Cal.4th at p. 449, fn. 15.) An alleged father's rights are limited to establishing that he is entitled to presumed father status, and the juvenile court may terminate the alleged father's parental rights when the alleged father has had the opportunity to do so. (In re Ninfa S. (1998) 62 Cal.App.4th 808, 811.) Presumed fathers are accorded greater rights than natural fathers because fathers who have a connection with or have shown a commitment to the child are more deserving than those whose only link is biological. (In re Zacharia D., supra, 6 Cal.4th at pp. 448-449.) Under section 7611, a man is presumed to be a child's father based on the man's relationship with the mother, such as marriage or attempted marriage to the mother (see 7611, subds. (a), (b), (c)), or commitment to the child, such as acknowledging paternity and providing a home (see 7611, subd. (d)). The purpose of section 7611 in dependency proceedings "is to determine whether the alleged father has demonstrated a sufficient commitment to his parental responsibilities to be afforded rights not afforded to natural fathers -- the rights to reunification services and custody of the child." (In re Jerry P., supra, 95 Cal.App.4th at p. 804.) Paternity status is important because it determines a father's rights in a dependency case and the extent to which he may participate in the proceedings. (In re Kobe A., supra, 146 Cal.App.4th at p. 1120.) A presumed father, as defined by section 7611, is entitled to appointed counsel, custody (if there is no finding of detriment) and reunification services. (Ibid.) A biological father is an individual whose paternity has been established but who has not shown he qualifies as the child's presumed father under section 7611. (In re Zacharia D., supra, 6 Cal.4th at p. 449, fn. 15.) The juvenile court may provide reunification services to a biological father if it finds services will benefit the child. (Welf. & Inst. Code 361.5, subd. (a).) An alleged father is a man who might be the father of a child, but whose biological paternity has not been established. (In re Joseph G. (2000) 83 Cal.App.4th 712, 715.) Because his paternity has not yet been established, an alleged father does not have a current interest in a child. (In re O.S. (2002) 102 Cal.App.4th 1402, 1406.) Thus, alleged fathers have significantly fewer rights than biological fathers and presumed fathers. An alleged father is not entitled to appointed counsel or to reunification services. (In re Kobe A., supra, 146 Cal.App.4th at p. 1120.) The due process rights of an alleged father are satisfied by giving him notice and an opportunity to appear, assert a position, and attempt to change his paternity status. (Ibid.)