BILL NUMBER: AB 687	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 18, 2011
	AMENDED IN SENATE  AUGUST 15, 2011
	AMENDED IN SENATE  JULY 12, 2011
	AMENDED IN SENATE  JUNE 27, 2011
	AMENDED IN ASSEMBLY  APRIL 25, 2011

INTRODUCED BY   Assembly Member Fletcher
   (Coauthor: Assembly Member Beth Gaines)

                        FEBRUARY 17, 2011

   An act to amend Sections 7663, 7664, 7666, 7667, 9003, and 9102
of, and to add Sections 7913, 8601.5, 8704.5, and 9213 to, the Family
Code, and to amend Section 102635 of the Health and Safety Code,
relating to adoption.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 687, as amended, Fletcher. Adoption.
   (1) Existing law, the Uniform Parentage Act, among other
provisions, provides for the termination of parental rights in
adoption proceedings. Existing law requires an inquiry of the mother
and any other appropriate person in an effort to identify the natural
father of a child, and  specifies the agencies that may
conduct the inquiry.  
   This bill would authorize a licensed private adoption agency, at
the option of the board of supervisors, to conduct the inquiry in a
stepparent adoption. 
    (2)     Existing law
 requires notice of proceedings relating to adoption and the
termination of parental rights to be given to an alleged father in
accordance with specified provisions of law.
   This bill would revise and consolidate those provisions. The bill
would authorize a court to issue an order of adoption and cause it to
apply to an earlier date if it would serve public policy and the
best interests of the adoptee, subject to certain requirements.

   (3) 
    (2)  The Interstate Compact on the Placement of
Children, which has been adopted in this state, authorizes and
governs the interstate placement of children.
   This bill would delegate certain authority to a licensed private
adoption agency that has provided adoption-related services to a
birth parent or prospective adoptive parent, including the authority
to determine whether the placement shall be made pursuant to the
Interstate Compact on the Placement of Children. 
   (4) 
    (3)  Existing law requires the written consent of the
parent or parents of a child to be filed prior to the time the
adoption request is filed, and requires the written consent to be
witnessed by certain persons.
   This bill would allow the written consent to be filed
simultaneously with the adoption request and would also authorize a
representative of a licensed adoption agency to serve as a witness.

   (5) 
    (4)  Existing law provides for the licensure and
certification of family day care homes and foster family agencies
that provide foster care services.
   This bill would provide that a foster care license or
certification would not be required for placement, for up to 30 days,
of a nondependent child who is relinquished for adoption to a
licensed private adoption agency if the child is placed in the care
of a prospective adoptive parent who meets specified criteria.

   (6) 
    (5)  Existing law requires an action or proceeding to
vacate, set aside, or otherwise nullify an order of adoption based on
fraud to be commenced within 3 years after entry of the order.
   This bill would instead require that the action or proceeding be
commenced within 3 years after entry of the order or within 90 days
of discovery of the fraud, whichever is earlier  , except under
certain circumstances  . 
   (7) 
    (6)  Existing law governs the procedure for adult
adoption, and authorizes a prospective parent and the proposed
adoptee to file a petition for approval of an adoption agreement with
the court in specified counties.
   This bill would specify the counties in which residents and
nonresidents of the state may file a petition for adult adoption with
the court. 
   (8) 
    (7)  Existing law requires the State Registrar to
establish a new birth certificate upon receipt of a report of
adoption for a child or a readoption order.
   This bill would require the State Registrar to issue the new birth
certificate within 120 days of receipt of a court report or adoption
or readoption order  , or within 90 days of receipt of a
request to expedite from an adoptive parent of the child, whichever
is later. The bill would establish a fee of $150 for an expedited
birth certificate after adoption or readoption  .
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 7663 of the Family Code is amended to read:
   7663.  (a) In an effort to identify the natural father, the court
shall cause inquiry to be made of the mother and any other
appropriate person by one of the following:
   (1) The State Department of Social Services.
   (2) A licensed county adoption agency.
   (3) The licensed adoption agency to which the child is to be
relinquished.
   (4) In the case of a stepparent adoption, at the option of the
board of supervisors, a licensed county adoption agency, the county
department designated by the board of supervisors to administer the
public social services program, or the county probation department.
   (b) The inquiry shall include all of the following:
   (1) Whether the mother was married at the time of conception of
the child or at any time thereafter.
   (2) Whether the mother was cohabiting with a man at the time of
conception or birth of the child.
   (3) Whether the mother has received support payments or promises
of support with respect to the child or in connection with her
pregnancy.
   (4) Whether any man has formally or informally acknowledged or
declared his possible paternity of the child.
   (5) The names and whereabouts, if known, of every man presumed or
alleged to be the father of the child, and the efforts made to give
notice of the proposed adoption to each man identified.
   (c) The agency that completes the inquiry shall file a written
report of the findings with the court.
  SEC. 2.  Section 7664 of the Family Code is amended to read:
   7664.  (a) If, after the inquiry, the natural father is identified
to the satisfaction of the court, or if more than one man is
identified as a possible father, notice of the proceeding shall be
given in accordance with Section 7666. If any alleged natural father
fails to appear or, if appearing, fails to claim parental rights, his
parental rights with reference to the child shall be terminated.
   (b) If the natural father or a man representing himself to be the
natural father claims parental rights, the court shall determine if
he is the father. The court shall then determine if it is in the best
interest of the child that the father retain his parental rights, or
that an adoption of the child be allowed to proceed. The court, in
making that determination, may consider all relevant evidence,
including the efforts made by the father to obtain custody, the age
and prior placement of the child, and the effects of a change of
placement on the child.
   (c) If the court finds that it is in the best interest of the
child that the father should be allowed to retain his parental
rights, the court shall order that his consent is necessary for an
adoption. If the court finds that the man claiming parental rights is
not the father, or that if he is the father it is in the child's
best interest that an adoption be allowed to proceed, the court shall
order that the consent of that man is not required for an adoption.
This finding terminates all parental rights and responsibilities with
respect to the child.
  SEC. 3.  Section 7666 of the Family Code is amended to read:
   7666.  (a) Except as provided in subdivision (b), notice of the
proceeding shall be given to every person identified as the natural
father or a possible natural father in accordance with the Code of
Civil Procedure for the service of process in a civil action in this
state at least 10 days before the date of the proceeding, except that
publication or posting of the notice of the proceeding is not
required. Proof of giving the notice shall be filed with the court
before the petition is heard.
   (b) Notice to a man identified as or alleged to be the natural
father shall not be required, and the court shall issue an order
dispensing with notice to him, under any of the following
circumstances:
   (1) The man's relationship to the child has been previously
terminated or determined not to exist by a court.
   (2) The alleged or presumed natural father has executed a written
form to waive notice, deny his paternity, relinquish the child for
adoption, or consent to the adoption of the child.
   (3) The whereabouts or identity of the alleged natural father are
unknown or cannot be ascertained.
   (4) The alleged father has been served with written notice of his
alleged paternity and the proposed adoption, and he has failed to
bring an action pursuant to subdivision (c) of Section 7630 within 30
days of service of the notice or  notice of  the
birth of the child, whichever is later.
  SEC. 4.  Section 7667 of the Family Code is amended to read:
   7667.  (a) Notwithstanding any other provision of law, an action
to terminate the parental rights of a father of a child as specified
in this part shall be set for hearing not more than 45 days after
filing of the petition, except as provided in subdivision (c).
   (b) The matter so set shall have precedence over all other civil
matters on the date set for trial, except an action to terminate
parental rights pursuant to Part 4 (commencing with Section 7800).
   (c) The court may dispense with a hearing and issue an ex parte
order terminating parental rights if any of the following apply:
   (1) The identity or whereabouts of the father are unknown.
   (2) The alleged father has validly executed a waiver of the right
to notice or a denial of paternity.
   (3) The alleged father has been served with written notice of his
alleged paternity and the proposed adoption, and he has failed to
bring an action pursuant to subdivision (c) of Section 7630 within 30
days of service of the notice or the birth of the child, whichever
is later.
  SEC. 5.  Section 7913 is added to the Family Code, to read:
   7913.  (a) When a full service licensed private adoption agency
has provided adoption-related services to a birth parent or
prospective adoptive parent, that agency is delegated the authority
to determine whether the placement shall or shall not be made
pursuant to the Interstate Compact on the Placement of Children, and
to sign the compact forms documenting that determination and date of
placement.
   (b) For children entering California in independent adoptions,
prior to making a determination regarding placement and as soon as
feasible, the private adoption agency shall notify the appropriate
district office or delegated county adoption agency of the matter and
verify that the preplacement interview of the prospective adoptive
parent or parents has been completed.
   (c) This section shall not apply to a child who is a dependent of
the court or a child subject to a petition filed under Section 300 of
the Welfare and Institutions Code.
  SEC. 6.  Section 8601.5 is added to the Family Code, to read:
   8601.5.  (a) A court may issue an order of adoption and declare
that it shall be entered nunc pro tunc when it will serve public
policy and the best interests of the child, such as cases where
adoption finalization has been delayed beyond the child's 18th
birthday due to factors beyond the control of the prospective
adoptive family and the proposed adoptee.
   (b) The request for nunc pro tunc entry of the order shall be
stated in the adoption request or an amendment thereto, and shall set
forth specific facts in support thereof.
   (c) To the extent that a child's eligibility for any publicly
funded benefit program is or could be altered by the entry of an
order of adoption, the change in eligibility shall not be determined
as of the nunc pro tunc date, but shall be determined as of the date
of the adoption finalization hearing.
   (d) The nunc pro tunc date shall not precede the date upon which
the parental rights of the birth parent or parents were initially
terminated, whether voluntarily or involuntarily.
  SEC. 7.  Section 8704.5 is added to the Family Code, to read:
   8704.5.  (a) A foster care license or certification shall not be
required for placement of a nondependent child who is relinquished
for adoption to a licensed private adoption agency, if the child is
placed in the care of prospective adoptive parents who have an
approved adoption home study that meets the criteria established by
the department for home studies conducted within the state.
   (b) A placement made pursuant to subdivision (a) shall not exceed
30 days. If an adoptive placement or application for foster care
licensure or certification does not occur within the 30 days, the
licensed private adoption agency shall place the child in a home that
is licensed or certified for foster care unless the prospective
adoptive parent or parents are appointed by the court as the legal
guardian or guardians of the child.
   (c) During a placement made pursuant to subdivision (a), the
licensed private adoption agency shall conduct in-home supervisory
visits no less than once every 30 days.
  SEC. 8.  Section 9003 of the Family Code is amended to read:
   9003.  (a) In a stepparent adoption, the consent of either or both
birth parents shall be signed in the presence of a notary public,
court clerk, probation officer, qualified court investigator,
authorized representative of a licensed adoption agency, or county
welfare department staff member of any county of this state. The
petitioner, petitioner's counsel, or person before whom the consent
is signed shall immediately file the consent with the clerk of the
court where the adoption request is filed. If the request has not
been filed at the time the consent has been signed, the consent shall
be filed simultaneously with the adoption request. Upon filing of
the adoption request, the clerk shall immediately notify the
probation officer or, at the option of the board of supervisors, the
county welfare department of that county.
   (b) If the birth parent of a child to be adopted is outside this
state at the time of signing the consent, the consent may be signed
before an authorized representative of an adoption agency licensed in
the state or country where the consent is being signed, a notary, or
other person authorized to perform notarial acts.
   (c) The consent, when reciting that the person giving it is
entitled to sole custody of the child and when acknowledged before
any authorized witness specified in subdivision (a), is prima facie
evidence of the right of the person signing the consent to the sole
custody of the child and that person's sole right to consent.
   (d) A birth parent who is a minor has the right to sign a consent
for the adoption of the birth parent's child and the consent is not
subject to revocation by reason of the minority.
  SEC. 9.  Section 9102 of the Family Code is amended to read:
   9102.  (a) Except as provided in Section 9100, an action or
proceeding of any kind to vacate, set aside, or otherwise nullify an
order of adoption on any ground, except fraud, shall be commenced
within one year after entry of the order.
   (b) Except as provided in Section 9100, an action or proceeding of
any kind to vacate, set aside, or nullify an order of adoption,
based on fraud, shall be commenced within three years after entry of
the order, or within 90 days of discovery of the fraud, whichever is
earlier.
   (c) In any action to set aside an order of adoption pursuant to
this section or Section 9100, the court shall first determine whether
the facts presented are legally sufficient to set aside the order of
adoption. If the facts are not legally sufficient, the petition
shall be denied. If the facts are legally sufficient, the court's
final ruling on the matter shall take into consideration the best
interests of the child, in conjunction with all other factors
required by law.
   (d) The department shall not be required under any circumstances
to investigate a petition filed pursuant to this section or to
represent a child who is the subject of a proceeding under this
section.
  SEC. 10.  Section 9213 is added to the Family Code, to read:
   9213.  (a) Notwithstanding Section 9321, a person who is a
resident of this state may file a petition for adult adoption with
the court in any of the following:
   (1) The county in which the prospective adoptive parent resides.
   (2) The county in which the proposed adoptee was born or resides
at the time the petition was filed.
   (3) The county in which an office of the public or private agency
that placed the proposed adoptee for foster care or adoption as a
minor or dependent child is located.
   (b) A petitioner who is not a resident of this state may file a
petition for adult adoption with the court in a county specified in
paragraph (3) of subdivision (a).
  SEC. 11.  Section 102635 of the Health and Safety Code is amended
to read:
   102635.   (a)    A new birth certificate shall
be established by the State Registrar upon receipt of either of the
following: 
   (a) 
    (1)  A report of adoption from any court of record that
has jurisdiction of the child in this state, another state, the
District of Columbia, in any territory of the United States, or in
any foreign country, for any child born in California and whose
certificate of birth is on file in the office of the State Registrar.

   (b) 
    (2)  A readoption order issued pursuant to Section 8919
of the Family Code. 
   (c) 
    (b)  The State Registrar shall issue the new birth
certificate within 120 days of receipt from the court of a court
report of adoption or  readoption order, or within 90 days of
receipt of a request to expedite from an adoptive parent of the
child, whichever is later. The fee for issuance of an expedited birth
certificate after adoption or readoption shall be one hundred fifty
dollars ($150) and shall be submitted with the request to expedite.
  readoption order.