Understanding California’s “Third Parent” Law

Family Code § 7612(c)

Law Offices of Ethan M. Weisinger, Inc.
Family Formation & Assisted Reproduction Law Division

Overview

California law recognizes that not all families fit the traditional two-parent model.
Under Family Code § 7612(c), a court may legally recognize more than two parents when doing so is necessary to protect the child’s welfare.

This statute—sometimes called the “Third Parent Law”—was enacted to prevent children from losing stable parental relationships simply because the law previously limited parentage to two people.

When Can a Child Have Three Legal Parents?

A California court can find that a child has three (or more) parents when:

All three adults have legitimate claims to parentage, based on biology, intent, or conduct (for example, being a presumed, biological, or intended parent); and
Recognizing only two parents would be detrimental to the child’s well-being—for instance, by breaking an established bond with someone who has acted as a parent.

In deciding whether detriment exists, the court considers:

The child’s emotional and psychological ties to each adult;
The stability of the existing family structure; and
The potential harm of removing a parent-figure from the child’s life.

Examples of How the Law Applies

Same-Sex Couple and Known Donor: Two mothers raise a child conceived with a known sperm donor who stays actively involved. If limiting legal parentage to the mothers would harm the child’s relationship with the donor, the court can recognize all three as parents.
Blended or Polyamorous Families: Three adults intentionally co-parent from the beginning, sharing parenting duties and financial support.
Stepparent or Psychological Parent: A long-term caregiver has functioned as a true parent and severing that bond would be harmful to the child.

Legal Rights and Responsibilities

When a court declares three parents:

Each parent has equal legal rights and duties toward the child.
Custody and visitation are allocated based on the child’s best interests, which may require flexible arrangements.
Child support obligations can be divided among all parents in a fair and proportionate manner (Family Code § 4052.5).
All parents share responsibility for the child’s care, education, and medical decisions.

How It Relates to Surrogacy and Assisted Reproduction

In most gestational surrogacy cases under Family Code § 7962, only the intended parents are recognized because:

The surrogate has no genetic connection; and
The pre-birth parentage order confirms intent and legal parentage before birth.

However, § 7612(c) may apply in non-traditional or collaborative arrangements, such as:

Known donors or surrogates who maintain an ongoing parental role after birth;
Multiple intended parents in a joint family structure.

Proper legal documentation and pre-birth orders help ensure that only the intended parents are recognized, avoiding ambiguity or future disputes.

Why the Law Exists

The “Third Parent Law” grew out of real-world cases where children were harmed by the two-parent limit.
In In re M.C. (2011), a child with two mothers and an involved biological father was placed in foster care because only two parents could be legally recognized.
In response, the Legislature passed Senate Bill 274 (Leno), effective January 1, 2014, allowing courts to protect children from losing vital parental connections.

Key Takeaways for Clients

California now allows the legal recognition of more than two parents only when necessary to protect a child’s welfare.
Courts use this statute sparingly—most children still have two legal parents.
For surrogacy, egg/sperm donation, or intended parent arrangements, clear contracts and pre-birth orders under Family Code § 7962 will prevent unintended multi-parent outcomes.
If you are part of a non-traditional parenting structure, consult legal counsel early to ensure your family relationships are properly documented and protected.

Our Services

The Law Offices of Ethan M. Weisinger, Inc. advises clients on:

Surrogacy and assisted reproduction agreements (Family Code § 7962)
Parentage judgments, including pre- and post-birth orders
Known donor and collaborative parenting arrangements
Recognition of parentage across jurisdictions

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