(a) The parents of a legitimate unmarried minor child, acting jointly, may maintain an action for injury to the child caused by the wrongful act or neglect of another. If either parent fails on demand to join as plaintiff in the action or is dead or cannot be found, then the other parent may maintain the action. The parent, if living, who does not join as plaintiff shall be joined as a defendant and, before trial or hearing of any question of fact, shall be served with summons either in the manner provided by law for the service of a summons in a civil action or by sending a copy of the summons and complaint by registered mail with proper postage prepaid addressed to that parent's last known address with request for a return receipt. If service is made by registered mail, the production of a return receipt purporting to be signed by the addressee creates a rebuttable presumption that the summons and complaint have been duly served. The presumption established by this section is a presumption affecting the burden of producing evidence. The respective rights of the parents to any award shall be determined by the court.
§ 376.Action By Parents of Legitimate Unmarried Minor Child For Injury to Child
Title 3. Of the Parties to Civil Actions · Chapter 3. Disability of Party · Last amended 1993 · Last verified July 28, 2026
In one sentenceSection 376 lets the parents of an unmarried minor child jointly sue for injury to the child caused by another's wrongful act or neglect, sets service and defendant-joinder rules for a non-joining parent, and caps recoverable damages when the child later dies from the same injury.
Full Text of § 376
(b) A parent may maintain an action for such an injury to his or her illegitimate unmarried minor child if a guardian has not been appointed. Where a parent who does not have care, custody, or control of the child brings the action, the parent who has care, custody, or control of the child shall be served with the summons either in the manner provided by law for the serving of a summons in a civil action or by sending a copy of the summons and complaint by registered mail, with proper postage prepaid, addressed to the last known address of that parent, with request for a return receipt. If service is made by registered mail, the production of a return receipt purporting to be signed by the addressee creates a rebuttable presumption that the summons and complaint have been duly served. The presumption established by this section is a presumption affecting the burden of producing evidence. The respective rights of the parents to any award shall be determined by the court.
(c) The father of an illegitimate child who maintains an action under this section shall have acknowledged in writing prior to the child's injury, in the presence of a competent witness, that he is the father of the child, or, prior to the child's injury, have been judicially determined to be the father of the child.
(d) A parent of an illegitimate child who does not maintain an action under this section may be joined as a party thereto.
(e) A guardian may maintain an action for such an injury to his or her ward.
(f) An action under this section may be maintained against the person causing the injury. If any other person is responsible for the wrongful act or neglect, the action may also be maintained against the other person. The death of the child or ward does not abate the parents' or guardian's cause of action for the child's injury as to damages accruing before the child's death.
(g) In an action under this section, damages may be awarded that, under all of the circumstances of the case, may be just, except that:
(1) In an action maintained after the death of the child, the damages recoverable are as provided in Section 377.34.
(2) Where the person causing the injury is deceased, the damages recoverable in an action against the decedent's personal representative are as provided in Section 377.42.
Plain-English Summary
Section 376 gives parents their own cause of action for harm done to their minor child -- distinct from any claim the child might have. Parents of a legitimate unmarried minor ordinarily sue jointly. If one parent will not join, is dead, or cannot be found, the other parent may proceed alone, but a living non-joining parent must be added as a defendant and served, either through ordinary personal service or by registered mail with a return receipt that creates a rebuttable presumption of proper service. The court then divides any award between the parents.
For an illegitimate child, a parent may sue if no guardian has been appointed, with similar notice requirements running to a parent who has care, custody, or control of the child when a non-custodial parent brings the action. A father suing on behalf of an illegitimate child must have acknowledged paternity in writing before the injury or been judicially determined to be the father before the injury occurred. A guardian may also bring this action on a ward's behalf, and the action can be brought against whoever caused the injury and any other responsible party.
If the child dies from the same injury, the parents' or guardian's cause of action for damages accruing before the child's death survives the child's death -- but the damages recoverable in that continued action are capped by § 377.34, and if the person who caused the injury has also died, the damages recoverable against that person's estate are capped by § 377.42. When a wrongful death action for the same child could also be brought under § 377.60, the two actions may be consolidated for trial under § 1048.
Frequently Asked Questions
Can both parents of an injured child sue the person who hurt the child?
Yes, and § 376(a) generally expects them to sue jointly, though if one parent fails to join, is dead, or cannot be found, the other parent may maintain the action alone after joining and serving the non-participating living parent as a defendant.
Does a father of a nonmarital child automatically have standing to sue for the child's injury?
No. Section 376(c) requires the father to have acknowledged paternity in writing before the injury, in the presence of a competent witness, or to have been judicially determined the father before the injury occurred.
What happens to this parental cause of action if the injured child later dies from the injury?
Can this parental injury claim be combined with a wrongful death claim for the same child?
Amendment History
Amended by Stats. 1992, Ch. 178, Sec. 18. Effective January 1, 1993.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: parents sue for injury to child californianonmarital child injury lawsuit paternityparental cause of action minor child injury