Definition of a Parent

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Parent

“Parent” means either the father or the mother, natural or adoptive, whether married or unmarried. Deprivation is based on the person presumed to be the legal parent unless rebutted by a statement of the mother or a court order. Deprivation of an adopted child is based on the status of adoptive parents and not that of the natural parents.

Preliminary Determination of the Person Presumed to be the Legal Parent

In cases where there is a question regarding paternity or legal parent, the matter must be referred to the District Attorney. Refer to Ineligible Noncitizen Parent.

Surrogate Parenting

Surrogate parenting occurs when a woman agrees to be artificially inseminated with semen from a man not her husband, and to release the child so conceived to the man and wife after the child's birth.

There are various issues regarding surrogate parenting which have not yet been resolved in the courts. Until these issues have been settled decisions regarding CalWORKs eligibility have to be made on a case-by-case basis. The District Office CalWORKs liaison may contact the CalWORKs coordinator to help resolve eligibility problems.

Presence of a Stepparent or Unrelated Adult Male in the Home

Deprivation is not affected by the presence in the home of a stepparent or an unrelated adult male.

Related Topics

Deprivation of Parental Support or Care

Termination of Deprivation

Parent is Deceased

Physical or Mental Incapacity of a Parent

Continued Absence of a Parent