BILL NUMBER: AB 1337	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 11, 2012
	AMENDED IN ASSEMBLY  JANUARY 4, 2012

INTRODUCED BY   Assembly Member Alejo

                        FEBRUARY 18, 2011

   An act to amend Section 7630 of the Family Code, relating to
family law.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1337, as amended, Alejo. Parent and child relationship.
   Existing law authorizes any interested party to bring an action at
any time for the purpose of determining the existence or
nonexistence of the father and child relationship that is presumed
under certain circumstances.
   This bill would require notice of the proceeding to be given, as
specified, to the child's relatives within the second degree and to
the person having physical custody of the child, if the child's
 natural mother   other parent  has died
and there are no existing court orders or pending court actions
involving custody or guardianship of the child.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 7630 of the Family Code is amended to read:
   7630.  (a) A child, the child's natural mother, a man presumed to
be the child's father under subdivision (a), (b), or (c) of Section
7611, an adoption agency to whom the child has been relinquished, or
a prospective adoptive parent of the child may bring an action as
follows:
   (1) At any time for the purpose of declaring the existence of the
father and child relationship presumed under subdivision (a), (b), or
(c) of Section 7611.
   (2) For the purpose of declaring the nonexistence of the father
and child relationship presumed under subdivision (a), (b), or (c) of
Section 7611 only if the action is brought within a reasonable time
after obtaining knowledge of relevant facts. After the presumption
has been rebutted, paternity of the child by another man may be
determined in the same action, if he has been made a party.
   (b) Any interested party may bring an action at any time for the
purpose of determining the existence or nonexistence of the father
and child relationship presumed under subdivision (d) or (f) of
Section 7611.
   (c) Except as to cases coming within Chapter 1 (commencing with
Section 7540) of Part 2, an action to determine the existence of the
father and child relationship may be brought by the child or personal
representative of the child, the Department of Child Support
Services, the mother or the personal representative or a parent of
the mother if the mother has died or is a minor, a man alleged or
alleging himself to be the father, or the personal representative or
a parent of the alleged father if the alleged father has died or is a
minor.
   (d) (1) If a proceeding has been filed under Chapter 2 (commencing
with Section 7820) of Part 4, an action under subdivision (a) or (b)
shall be consolidated with that proceeding. The parental rights of
the presumed father shall be determined as set forth in Sections 7820
to 7829, inclusive.
   (2) If a proceeding pursuant to Section 7662 has been filed under
Chapter 5 (commencing with Section 7660), an action under subdivision
(c) shall be consolidated with that proceeding. The parental rights
of the alleged natural father shall be determined as set forth in
Section 7664.
   (3) The consolidated action under paragraph (1) or (2) shall be
heard in the court in which the proceeding under Section 7662 or
Chapter 2 (commencing with Section 7820) of Part 4 is filed, unless
the court finds, by clear and convincing evidence, that transferring
the action to the other court poses a substantial hardship to the
petitioner. Mere inconvenience does not constitute a sufficient basis
for a finding of substantial hardship. If the court determines there
is a substantial hardship, the consolidated action shall be heard in
the court in which the paternity action is filed.
   (e) (1) If any prospective adoptive parent who has physical
custody of the child, or any licensed California adoption agency that
has legal custody of the child, has not been joined as a party to an
action to determine the existence of a father and child relationship
under subdivision (a), (b), or (c), or an action for custody by the
alleged natural father, the court shall join the prospective adoptive
parent or licensed California adoption agency as a party upon
application or on its own motion, without the necessity of a motion
for joinder. A joined party shall not be required to pay a fee in
connection with this action.
   (2) If a man brings an action to determine paternity and custody
of a child who he has reason to believe is in the physical or legal
custody of an adoption agency, or of one or more persons other than
the child's mother who are prospective adoptive parents, he shall
serve his entire pleading on, and give notice of all proceedings to,
the adoption agency or the prospective adoptive parents, or both.
   (f) A party to an assisted reproduction agreement may bring an
action at any time to establish a parent and child relationship
consistent with the intent expressed in that assisted reproduction
agreement.
   (g) (1) In an action to determine the existence of the father and
child relationship brought pursuant to subdivision (b), if the child'
s natural mother   other parent  has died
and there are no existing court orders or pending court actions
involving custody or guardianship of the child, then the 
relatives within the second degree of the child and  persons
having physical custody of the child shall be served with notice of
the proceeding  at least 15 days prior to the hearing, either by
mail or in any manner authorized by the court. If any person
identified as having physical custody of the child cannot be located,
the court shall prescribe the manner of giving notice  .

   (2) A person having physical custody of the child shall be given
notice of the proceeding in accordance with the provisions of the
Code of Civil Procedure for the service of process in a civil action
in this state at least 15 days prior to the date stated in the notice
of the proceeding.  
   (3) Relatives 
    (2)     If known to the person bringing the
parentage action, relatives  within the second degree of the
child shall be given notice of the proceeding  at least 15
days prior to the hearing, either by mail or in any manner authorized
by the court   in accordance with the provisions of the
Code of Civil   Procedure for the service of process in a
civil action in this state at least 15 days prior to the date stated
in the notice of the proceeding  . If a person identified as a
relative of the second degree of the child cannot be located, or his
or her whereabouts are unknown or cannot be ascertained, the court
 may   shall  prescribe  the
  an alternative  manner of giving notice, or shall
dispense with giving notice to that person. 
   (4) 
    (3)  Proof of notice pursuant to this subdivision shall
be filed with the court before the proceeding to determine the
existence of the father and child relationship is heard.