BILL NUMBER: SB 375	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Wright

                        FEBRUARY 15, 2011

   An act to amend Sections 7541 and 7570 of the Family Code,
relating to paternity.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 375, as introduced, Wright. Paternity.
   Existing law establishes a presumption that a man is the natural
father of a child if he and the natural mother of the child are
married and the child is born during the marriage. Under existing
law, this presumption of paternity may be rebutted by genetic
evidence that another man is the biological father of the child.
Existing law requires that a motion for genetic tests be filed not
later than 2 years after the birth of the child.
   This bill would authorize a presumed father to file a motion for
genetic tests within a reasonable time after he becomes aware of
facts that lead him to reasonably believe that he may not be the
biological father of the child.
   Existing law declares that there is a compelling state interest in
determining paternity for all children.
   This bill would instead declare that there is compelling state
interest in determining biological paternity for all children, and
would further declare that establishing paternity for biological
fathers would increase respect for the judicial system.
   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.  The Legislature finds and declares all of the
following:
   (a) Genetic testing, using DNA evidence, is recognized as
scientifically valid by the courts of this country.
   (b) In the year 2000, the State of California recognized the
validity of DNA testing and created a procedure for an individual
convicted of certain crimes to petition a court to reopen his or her
case in order to reevaluate DNA evidence.
   (c) A man who is adjudicated to be the father of a child by a
court in a paternity action when he is not actually the biological
father of the child may be financially liable for up to 18 years of
child support.
   (d) The American Association of Blood Banks reported that out of a
total of more than 280,000 cases evaluated in 1999, almost 30
percent of the genetic samples excluded the tested individual as the
biological father.
   (e) Thirty-seven states have more liberal and flexible statutes
than California and allow for paternity to be reevaluated using DNA
evidence.
   (f) Data from the Department of Child Support Services shows that
judgments in more than 87 percent of cases challenging paternity
during a two-year period were established by default.
   (g) Respect for the judicial system is greatly diminished when the
laws are inconsistent with regard to the use of scientifically valid
DNA testing and do not permit the correction of an injustice in a
paternity action, but do allow it in a criminal proceeding.
  SEC. 2.  Section 7541 of the Family Code is amended to read:
   7541.  (a) Notwithstanding Section 7540, if the court finds that
the conclusions of all the experts, as disclosed by the evidence
based on blood tests performed pursuant to Chapter 2 (commencing with
Section 7550), are that the husband is not the father of the child,
the question of paternity of the husband shall be resolved
accordingly.
   (b)  (1)    The notice of motion for blood tests
under this section may be filed not later than two years from the
child's date of birth by the husband, or for the purposes of
establishing paternity by the presumed father or the child through or
by the child's guardian ad litem. As used in this subdivision,
"presumed father" has the meaning given in Sections 7611 and 7612.

   (2) Notwithstanding paragraph (1), a motion for blood tests may be
filed by the husband within a reasonable time after he becomes aware
of facts that lead him to reasonably believe that he is not the
biological father of the child. 
   (c) The notice of motion for blood tests under this section may be
filed by the mother of the child not later than two years from the
child's date of birth if the child's biological father has filed an
affidavit with the court acknowledging paternity of the child.
   (d) The notice of motion for blood tests pursuant to this section
shall be supported by a declaration under oath submitted by the
moving party stating the factual basis for placing the issue of
paternity before the court.
   (e) Subdivision (a) does not apply, and blood tests may not be
used to challenge paternity, in any of the following cases:
   (1) A case that reached final judgment of paternity on or before
September 30, 1980.
   (2) A case coming within Section 7613.
   (3) A case in which the wife, with the consent of the husband,
conceived by means of a surgical procedure.
  SEC. 3.  Section 7570 of the Family Code is amended to read:
   7570.  The Legislature hereby finds and declares as follows:
   (a) There is a compelling state interest in establishing 
biological  paternity for all children. Establishing paternity
is the first step toward a child support award, which, in turn,
provides children with equal rights and access to benefits,
including, but not limited to, social security, health insurance,
survivors' benefits, military benefits, and inheritance rights.
Knowledge of family medical history is often necessary for correct
medical diagnosis and treatment.  Additionally, knowing
  Knowing  one's  biologica   l 
father is important to a child's development.  Additionally,
establishing paternity for the biological father creates respect for
the judicial system, while imposing the financial obligation of child
support on a party who medical evidence has established is not the
biological father generates disrespect for the courts. Courts are
inherently limited to establishing financial obligations; they are
not capable of mandating the maintenance of family relationships.

   (b) A simple system allowing for establishment of voluntary
paternity will result in a significant increase in the ease of
establishing paternity, a significant increase in paternity
establishment, an increase in the number of children who have greater
access to child support and other benefits, and a significant
decrease in the time and money required to establish paternity due to
the removal of the need for a lengthy and expensive court process to
determine and establish paternity and is in the public interest.