California Legislature—2013–14 Regular Session

Assembly Bill No. 1403

Introduced by Committee on Judiciary (Wieckowski (Chair), Alejo, Chau, Dickinson, Garcia, Muratsuchi, and Stone)

March 12, 2013

An act to amend Sections 7601, 7610, 7611, 7612, 7613, 7614, 7620, 7630, 7632, 7635, 7637, 7641, 7644,7648.9, 7660, 7661, 7662, 7663, 7664, 7665, 7666, 7667, and 7669 of the Family Code, and to add Section 69617 to the Government Code, relating to family law.

LEGISLATIVE COUNSEL’S DIGEST

AB 1403, as introduced, Committee on Judiciary. Family law.

(1) The Uniform Parentage Act defines the parent and child relationship as the legal relationship existing between a child and the child’s parents, including the mother and child relationship and the father and child relationship, and governs proceedings to establish that relationship.

The bill would define “natural parent” as a nonadoptive parent, as specified, whether biologically related to the child or not. The bill would also make certain provisions gender neutral and refer instead to a “presumed parent” or “parent.” The bill would make other conforming changes.

(2) Existing law specifies the number of judges of the superior court for each county, and allocates additional judgeships to the various counties in accordance with uniform standards for factually determining additional need in each county, as approved by the Judicial Council, and other specified criteria. Existing law provides for the conversion of 146 subordinate judicial officer positions in eligible superior courts upon the occurrence of specified conditions, including that the proposed action is ratified by the Legislature, except that no more than 16 positions may be converted to judgeships in any fiscal year. Notwithstanding this provision, up to 10 additional subordinate judicial officer positions may be converted to judgeships in any fiscal year, if the conversions will result in a judge being assigned to a family law or juvenile law assignment previously presided over by a subordinate judicial officer and the proposed action is ratified by the Legislature. Existing law ratifies the authority of the Judicial Council to convert 10 of those subordinate judicial officer positions to judgeships in the 2011-12 fiscal year.

This bill would ratify the authority of the Judicial Council to convert 10 subordinate judicial officer positions to judgeships in the 2013-14 fiscal year where the conversion will result in a judge being assigned to a family law or juvenile law assignment previously presided over by a subordinate judicial officer.

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 7601 of the Family Code is amended to
read:

7601.  

begin insert

(a) “Natural parent” as used in this code means a
nonadoptive parent established under this part, whether
biologically related to the child or not.

end insert

begin insert (b) end insert begin insert   end insert “Parent and child relationship” as used in this part means
the legal relationship existing between a child and the child’s
natural or adoptive parents incident to which the law confers or
imposes rights, privileges, duties, and obligations. The term
includes the mother and child relationship and the father and child
relationship.

SEC. 2.  

Section 7610 of the Family Code is amended to read:

7610.  

The parent and child relationship may be established as
follows:

(a) Between a child and the natural begin delete mother end delete begin insert parent end insert , it may be
established by proof of begin delete her end delete having given birth to the child, or under
this part.

begin delete

(b) Between a child and the natural father, it may be established
under this part.

end delete begin delete

(c)

end delete

begin insert (b) end insert  Between a child and an adoptive parent, it may be established
by proof of adoption.

SEC. 3.  

Section 7611 of the Family Code is amended to read:

7611.  

A begin delete man end delete begin insert person end insert is presumed to be the natural begin delete father end delete begin insert parent end insert
of a child if begin delete he end delete begin insert the person end insert meets the conditions provided in Chapter
1 (commencing with Section 7540) or Chapter 3 (commencing
with Section 7570) of Part 2 or in any of the following
subdivisions:

(a)  begin delete He end delete begin insert The presumed parent end insert begin insert end insert and the child’s natural mother are
or have been married to each other and the child is born during
the marriage, or within 300 days after the marriage is terminated
by death, annulment, declaration of invalidity, or divorce, or after
a judgment of separation is entered by a court.

(b) Before the child’s birth, begin delete he end delete begin insert the presumed parent end insert and the
child’s natural mother have attempted to marry each other by a
marriage solemnized in apparent compliance with law, although
the attempted marriage is or could be declared invalid, and either
of the following is true:

(1) If the attempted marriage could be declared invalid only by
a court, the child is born during the attempted marriage, or within
300 days after its termination by death, annulment, declaration of
invalidity, or divorce.

(2) If the attempted marriage is invalid without a court order,
the child is born within 300 days after the termination of
cohabitation.

(c) After the child’s birth, begin delete he end delete begin insert the presumed parent end insert and the child’s
natural mother have married, or attempted to marry, each other by
a marriage solemnized in apparent compliance with law, although
the attempted marriage is or could be declared invalid, and either
of the following is true:

(1) With his begin insert or her end insert consent, begin delete he end delete begin insert the presumed parent end insert is named
as the child’s begin delete father end delete begin insert parent end insert on the child’s birth certificate.

(2)  begin delete He end delete begin insert The presumed parent end insert begin insert end insert is obligated to support the child
under a written voluntary promise or by court order.

(d)  begin delete He end delete begin insert The presumed parent end insert begin insert end insert receives the child into his begin insert or her end insert
home and openly holds out the child as his begin insert or her end insert natural child.

(e) If the child was born and resides in a nation with which the
United States engages in an Orderly Departure Program or
successor program, he acknowledges that he is the child’s father
in a declaration under penalty of perjury, as specified in Section
2015.5 of the Code of Civil Procedure. This subdivision shall
remain in effect only until January 1, 1997, and on that date shall
become inoperative.

(f) The child is in utero after the death of the decedent and the
conditions set forth in Section 249.5 of the Probate Code are
satisfied.

SEC. 4.  

Section 7612 of the Family Code is amended to read:

7612.  

(a) Except as provided in Chapter 1 (commencing with
Section 7540) and Chapter 3 (commencing with Section 7570) of
Part 2 or in Section 20102, a presumption under Section 7611 is
a rebuttable presumption affecting the burden of proof and may
be rebutted in an appropriate action only by clear and convincing
evidence.

(b) If two or more presumptions arise under Section 7610 or
7611 that conflict with each other, or if a presumption under
Section 7611 conflicts with a claim pursuant to Section 7610, the
presumption which on the facts is founded on the weightier
considerations of policy and logic controls.

(c) The presumption under Section 7611 is rebutted by a
judgment establishing begin delete paternity end delete begin insert parentage end insert of the child by another
begin delete man end delete begin insert person end insert .

(d) Within two years of the execution of a voluntary declaration
of paternity, a person who is presumed to be a parent under Section
7611 may file a petition pursuant to Section 7630 to set aside a
voluntary declaration of paternity. The court’s ruling on the petition
to set aside the voluntary declaration of paternity shall be made
taking into account the validity of the voluntary declaration of
paternity, and the best interests of the child based upon the court’s
consideration of the factors set forth in subdivision (b) of Section
7575, as well as the best interests of the child based upon the
nature, duration, and quality of the petitioning party’s relationship
with the child and the benefit or detriment to the child of continuing
that relationship. In the event of any conflict between the
presumption under Section 7611 and the voluntary declaration of
paternity, the weightier considerations of policy and logic shall
control.

(e) A voluntary declaration of paternity is invalid if, at the time
the declaration was signed, any of the following conditions exist:

(1) The child already had a presumed parent under Section 7540.

(2) The child already had a presumed parent under subdivision
(a), (b), or (c) of Section 7611.

(3) The man signing the declaration is a sperm donor, consistent
with subdivision (b) of Section 7613.

SEC. 5.  

Section 7613 of the Family Code is amended to read:

7613.  

(a) If, under the supervision of a licensed physician and
surgeon and with the consent of her begin delete husband end delete begin insert spouse end insert , a begin delete wife is
inseminated artificially end delete begin insert woman conceives through assisted
reproduction end insert with semen donated by a man not her husband, the
begin delete husband end delete begin insert spouse end insert is treated in law as if he begin insert or she end insert were the natural
begin delete father end delete begin insert parent end insert of a child thereby conceived. The begin delete husband’s end delete begin insert spouse’s end insert
consent begin delete must end delete begin insert shall end insert be in writing and signed by begin delete him and his wife end delete
begin insert both spouses end insert . The physician and surgeon shall certify their
signatures and the date of the begin delete insemination end delete begin insert assisted reproduction
procedure end insert , and retain the begin delete husband’s end delete begin insert spouse’s end insert consent as part of
the medical record, where it shall be kept confidential and in a
sealed file. However, the physician and surgeon’s failure to do so
does not affect the begin delete father end delete begin insert parent end insert and child relationship. All papers
and records pertaining to the begin delete insemination end delete begin insert assisted reproduction
procedure end insert , whether part of the permanent record of a court or of
a file held by the supervising physician and surgeon or elsewhere,
are subject to inspection only upon an order of the court for good
cause shown.

(b) The donor of semen provided to a licensed physician and
surgeon or to a licensed sperm bank for use in begin delete artificial
insemination or in vitro fertilization end delete begin insert assisted reproduction end insert of a
woman other than the donor’s begin delete wife end delete begin insert spouse end insert is treated in law as if
he were not the natural begin delete father end delete begin insert parent end insert of a child thereby conceived,
unless otherwise agreed to in a writing signed by the donor and
the woman prior to the conception of the child.

SEC. 6.  

Section 7614 of the Family Code is amended to read:

7614.  

(a) A promise in writing to furnish support for a child,
growing out of a presumed begin insert parent end insert or alleged father and child
relationship, does not require consideration and, subject to Section
7632, is enforceable according to its terms.

(b) In the best interest of the child or the begin delete mother end delete begin insert other parent end insert ,
the court may, and upon the promisor’s request shall, order the
promise to be kept in confidence and designate a person or agency
to receive and disburse on behalf of the child all amounts paid in
performance of the promise.

SEC. 7.  

Section 7620 of the Family Code is amended to read:

7620.  

(a) A person who has sexual intercourse or causes
conception with the intent to become a legal parent by assisted
reproduction in this state thereby submits to the jurisdiction of the
courts of this state as to an action brought under this part with
respect to a child who may have been conceived by that act of
intercourse or assisted reproduction.

(b) An action under this part shall be brought in one of the
following:

(1) The county in which the child resides or is found.

(2) If the child is the subject of a pending or proposed adoption,
any county in which a licensed California adoption agency to which
the child has been relinquished or is proposed to be relinquished
maintains an office.

(3) If the child is the subject of a pending or proposed adoption,
the county in which an office of the department or a public adoption
agency investigating the petition is located.

(4) If the begin delete father end delete begin insert parent end insert is deceased, the county in which
proceedings for probate of the estate of the begin delete father end delete begin insert parent end insert of the
child have been or could be commenced.

SEC. 8.  

Section 7630 of the Family Code is amended to read:

7630.  

(a) A child, the child’s natural begin delete mother end delete begin insert parent end insert , a begin delete man end delete
begin insert person end insert presumed to be the child’s begin delete father end delete begin insert parent end insert 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
begin delete father end delete begin insert parent end insert and child relationship presumed under subdivision
(a), (b), or (c) of Section 7611.

(2) For the purpose of declaring the nonexistence of the begin delete father end delete
begin insert parent end insert 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, begin delete paternity end delete begin insert parentage end insert of the child
by another begin delete man end delete begin insert person end insert may be determined in the same action, if
begin delete he end delete begin insert that person end insert has been made a party.

(b)  begin delete Any end delete begin insert Notwithstanding Sections 7540 and 7613, any end insert begin insert end insert interested
party may bring an action at any time for the purpose of
determining the existence or nonexistence of the begin delete father end delete begin insert parent end insert 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 begin delete father end delete begin insert parent end insert and child relationship may be brought by the
child or personal representative of the child, the Department of
Child Support Services, the begin delete mother end delete begin insert parent end insert or the personal
representative or a parent of begin delete the mother end delete begin insert that parent end insert if begin delete the mother end delete
begin insert that parent end insert 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 begin delete father end delete begin insert parent end insert 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 begin delete paternity end delete begin insert parentage end insert 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 begin delete father end delete begin insert parent end insert 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 begin delete man end delete begin insert person end insert brings an action to determine begin delete paternity end delete
begin insert parentage end insert and custody of a child who he begin insert or she end insert 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 begin delete mother end delete begin insert parent end insert
who are prospective adoptive parents, he begin insert or she end insert shall serve his begin insert or
her end insert 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 begin delete father end delete
begin insert parent end insert and child relationship brought pursuant to subdivision (b),
if the child’s other parent has died and there are no existing court
orders or pending court actions involving custody or guardianship
of the child, then the 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) 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. 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 shall prescribe the manner of giving notice, or shall
dispense with giving notice to that person.

(3) Proof of notice pursuant to this subdivision shall be filed
with the court before the proceeding to determine the existence of
the begin delete father end delete begin insert parent end insert and child relationship is heard.

SEC. 9.  

Section 7632 of the Family Code is amended to read:

7632.  

Regardless of its terms, an agreement between an alleged
begin insert father end insert or begin insert a end insert presumed begin delete father end delete begin insert parent end insert and the begin delete mother end delete begin insert other parent end insert or
child does not bar an action under this chapter.

SEC. 10.  

Section 7635 of the Family Code is amended to read:

7635.  

(a) The child may, if under the age of 12 years, and
shall, if 12 years of age or older, be made a party to the action. If
the child is a minor and a party to the action, the child shall be
represented by a guardian ad litem appointed by the court. The
guardian ad litem need not be represented by counsel if the
guardian ad litem is a relative of the child.

(b) The natural begin delete mother end delete begin insert parent end insert , each begin delete man end delete begin insert person end insert presumed to
be begin delete the father end delete begin insert a parent end insert under Section 7611, and each man alleged
to be the natural father, may be made parties and shall be given
notice of the action in the manner prescribed in Section 7666 and
an opportunity to be heard. Appointment of a guardian ad litem
shall not be required for a minor who is a parent of the child who
is the subject of the petition to establish parental relationship,
unless the minor parent is unable to understand the nature of the
proceedings or to assist counsel in preparing the case.

(c) The court may align the parties.

(d) In any initial or subsequent proceeding under this chapter
where custody of, or visitation with, a minor child is in issue, the
court may, if it determines it would be in the best interest of the
minor child, appoint private counsel to represent the interests of
the minor child pursuant to Chapter 10 (commencing with Section
3150) of Part 2 of Division 8.

SEC. 11.  

Section 7637 of the Family Code is amended to read:

7637.  

The judgment or order may contain any other provision
directed against the appropriate party to the proceeding, concerning
the duty of support, the custody and guardianship of the child,
visitation privileges with the child, the furnishing of bond or other
security for the payment of the judgment, or any other matter in
the best interest of the child. The judgment or order may direct the
begin delete father end delete begin insert parent end insert to pay the reasonable expenses of the mother’s
pregnancy and confinement.

SEC. 12.  

Section 7641 of the Family Code is amended to read:

7641.  

(a) If begin delete existence of the father and child relationship is
declared end delete begin insert there is a voluntary declaration of paternity in place end insert , or
begin delete paternity end delete begin insert parentage end insert or a duty of support has been acknowledged
or adjudicated under this part or under prior law, the obligation of
the begin delete father end delete begin insert parent end insert may be enforced in the same or other proceedings
by any of the following:

(1) The begin delete mother end delete begin insert other parent end insert .

(2) The child.

(3) The public authority that has furnished or may furnish the
reasonable expenses of pregnancy, confinement, education, support,
or funeral.

(4) Any other person, including a private agency, to the extent
the person has furnished or is furnishing these expenses.

(b) The court may order support payments to be made to any
of the following:

(1) The begin delete mother end delete begin insert other parent end insert .

(2) The clerk of the court.

(3) A person, corporation, or agency designated to administer
the payments for the benefit of the child under the supervision of
the court.

(c) Willful failure to obey the judgment or order of the court is
a civil contempt of the court. All remedies for the enforcement of
judgments, including imprisonment for contempt, apply.

SEC. 13.  

Section 7644 of the Family Code is amended to read:

7644.  

(a) Notwithstanding any other law, an action for child
custody and support and for other relief as provided in Section
7637 may be filed based upon a voluntary declaration of paternity
as provided in Chapter 3 (commencing with Section 7570) of Part
2.

(b) Except as provided in Section 7576, the voluntary declaration
of paternity shall be given the same force and effect as a judgment
of begin delete paternity end delete begin insert parentage end insert entered by a court of competent jurisdiction.
The court shall make appropriate orders as specified in Section
7637 based upon the voluntary declaration of paternity unless
evidence is presented that the voluntary declaration of paternity
has been rescinded by the parties or set aside as provided in Section
7575 of the Family Code.

(c) The Judicial Council shall develop the forms and procedures
necessary to implement this section.

SEC. 14.  

Section 7648.9 of the Family Code is amended to
read:

7648.9.  

This article does not establish a basis for setting aside
or vacating a judgment establishing paternity with regard to a child
conceived by begin delete artificial insemination end delete begin insert assisted reproduction end insert pursuant
to Section 7613 or a child conceived pursuant to a surrogacy
agreement.

SEC. 15.  

Section 7660 of the Family Code is amended to read:

7660.  

If a mother relinquishes for or consents to, or proposes
to relinquish for or consent to, the adoption of a child who has a
presumed begin delete father end delete begin insert parent end insert under Section 7611, the begin delete father end delete begin insert presumed
parent end insert shall be given notice of the adoption proceeding and have
the rights provided under Part 2 (commencing with Section 8600)
of Division 13, unless begin delete the father’s end delete begin insert that parent’s end insert relationship to the
child has been previously terminated or determined by a court not
to exist or the begin delete father end delete begin insert presumed parent end insert has voluntarily relinquished
for or consented to the adoption of the child.

SEC. 16.  

Section 7661 of the Family Code is amended to read:

7661.  

If begin delete a father end delete begin insert the other parent end insert relinquishes for or consents
to, or proposes to relinquish for or consent to, the adoption of a
child, the mother shall be given notice of the adoption proceeding
and have the rights provided under Part 2 (commencing with
Section 8600) of Division 13, unless the mother’s relationship to
the child has been previously terminated by a court or the mother
has voluntarily relinquished for or consented to the adoption of
the child.

SEC. 17.  

Section 7662 of the Family Code is amended to read:

7662.  

(a) If a mother relinquishes for or consents to, or
proposes to relinquish for or consent to, the adoption of a child,
or if a child otherwise becomes the subject of an adoption
proceeding, the agency or person to whom the child has been or
is to be relinquished, or the mother or the person having physical
or legal custody of the child, or the prospective adoptive parent,
shall file a petition to terminate the parental rights of the begin insert alleged end insert
father, unless one of the following occurs:

(1) The begin insert alleged end insert father’s relationship to the child has been
previously terminated or determined not to exist by a court.

(2) The begin insert alleged end insert father has been served as prescribed in Section
7666 with a written notice alleging that he is or could be the begin delete natural end delete
begin insert biological end insert father of the child to be adopted or placed for adoption
and has failed to bring an action for the purpose of declaring the
existence of the father and child relationship pursuant to
subdivision (c) of Section 7630 within 30 days of service of the
notice or the birth of the child, whichever is later.

(3) The alleged father has executed a written form developed
by the department to waive notice, to deny his paternity, relinquish
the child for adoption, or consent to the adoption of the child.

(b) The begin delete birth end delete begin insert alleged end insert father may validly execute a waiver or
denial of paternity before or after the birth of the child, and once
signed, no notice of, relinquishment for, or consent to adoption of
the child shall be required from the begin delete birth end delete begin insert alleged end insert father for the
adoption to proceed.

(c) All proceedings affecting a child under Divisions 8
(commencing with Section 3000) to 11 (commencing with Section
6500), inclusive, and Parts 1 (commencing with Section 7500) to
3 (commencing with Section 7600), inclusive, of this division,
other than an action brought pursuant to this section, shall be stayed
pending final determination of proceedings to terminate the parental
rights of the begin insert alleged end insert father pursuant to this section.

(d) Nothing in this section may limit the jurisdiction of the court
pursuant to Part 3 (commencing with Section 6240) and Part 4
(commencing with Section 6300) of Division 10 with respect to
domestic violence orders.

SEC. 18.  

Section 7663 of the Family Code is amended to read:

7663.  

(a) In an effort to identify begin delete the natural father end delete begin insert all alleged
fathers and presumed parents end insert , 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, the licensed clinical
social worker or licensed marriage and family therapist who is
performing the investigation pursuant to Section 9001, if
applicable. In the case of a stepparent adoption in which no licensed
clinical social worker or licensed marriage and family therapist is
performing the investigation pursuant to Section 9001, the board
of supervisors may assign those inquiries to 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 begin delete man end delete begin insert person end insert has formally or informally
acknowledged or declared his begin insert or her end insert possible begin delete paternity end delete begin insert parentage end insert
of the child.

(5) The names and whereabouts, if known, of every begin delete man end delete begin insert person end insert
presumed or begin insert man end insert alleged to be the begin delete father end delete begin insert parent end insert of the child, and
the efforts made to give notice of the proposed adoption to each
begin delete man end delete begin insert person end insert identified.

(c) The agency that completes the inquiry shall file a written
report of the findings with the court.

SEC. 19.  

Section 7664 of the Family Code is amended to read:

7664.  

(a) If, after the inquiry, the begin delete natural end delete begin insert biological end insert father is
identified to the satisfaction of the court, or if more than one man
is identified as a possible begin insert biological end insert father, notice of the proceeding
shall be given in accordance with Section 7666. If any alleged
begin delete natural end delete begin insert biological end insert 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 begin delete natural end delete begin insert biological end insert father or a man representing himself
to be the begin delete natural end delete begin insert biological end insert father claims parental rights, the court
shall determine if he is the begin insert biological end insert father. The court shall then
determine if it is in the best interest of the child that the begin insert biological end insert
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
begin insert biological end insert 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 begin insert biological end insert 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
begin insert biological end insert father, or that if he is the begin insert biological end insert 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. 20.  

Section 7665 of the Family Code is amended to read:

7665.  

If, after the inquiry, the court is unable to identify the
begin delete natural end delete begin insert biological end insert father or any possible begin delete natural end delete begin insert biological end insert father
and no person has appeared claiming to be the begin delete natural end delete begin insert biological end insert
father and claiming custodial rights, the court shall enter an order
terminating the unknown begin delete natural end delete begin insert biological end insert father’s parental rights
with reference to the child.

SEC. 21.  

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 begin delete natural end delete
begin insert biological end insert father or a possible begin delete natural end delete begin insert biological end insert 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 begin delete natural end delete
begin insert biological end insert 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 begin delete man’s end delete relationship to the child has been previously
terminated or determined not to exist by a court.

(2) The alleged begin delete or presumed natural end delete 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 begin delete natural end delete 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 the birth of the child,
whichever is later.

SEC. 22.  

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 begin delete a end delete begin insert an alleged end insert 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 begin insert alleged end insert 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. 23.  

Section 7669 of the Family Code is amended to read:

7669.  

(a) An order requiring or dispensing with begin delete a end delete begin insert an alleged end insert
father’s consent for the adoption of a child may be appealed from
in the same manner as an order of the juvenile court declaring a
person to be a ward of the juvenile court and is conclusive and
binding upon the begin insert alleged end insert father.

(b) After making the order, the court has no power to set aside,
change, or modify that order.

(c) Nothing in this section limits the right to appeal from the
order and judgment.

SEC. 24.  

Section 69617 is added to the Government Code, to
read:

69617.  

(a) The Legislature hereby ratifies the authority of the
Judicial Council to convert 10 subordinate judicial officer positions
to judgeships in the 2013-14 fiscal year where the conversion will
result in a judge being assigned to a family law or juvenile law
assignment previously presided over by a subordinate judicial
officer, pursuant to subparagraph (C) of paragraph (1) of
subdivision (c) of Section 69615.

(b) The action described in subdivision (a) shall be in addition
to any action that may be taken pursuant to the authority described
in subparagraph (B) of paragraph (1) of subdivision (c) of Section
69615 to convert up to 16 subordinate judicial officer positions to
judgeships.