Amended in Senate July 8, 2013

Amended in Senate June 13, 2013

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 amended, 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.

begin insert

(3) This bill would incorporate additional changes in Sections 7601 and 7612 of the Family Code, proposed by SB 274, to be operative only if SB 274 and this bill are both chaptered and become effective January 1, 2014, and this bill is chaptered last.

end insert

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.  

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

(b) “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.

begin insert

begin insert SEC. 1.5. end insert   

end insert

begin insert Section 7601 of the end insert begin insert Family Code end insert begin insert is amended to read: end insert

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.

begin insert

(c) This part does not preclude a finding that a child has a
parent and child relationship with more than two parents.

end insert begin insert

(d) For purposes of state law, administrative regulations, court
rules, government policies, common law, and any other provision
or source of law governing the rights, protections, benefits,
responsibilities, obligations, and duties of parents, any reference
to two parents shall be interpreted to apply to every parent of a
child where that child has been found to have more than two
parents under this part.

end insert

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 parent, it may be established
by proof of having given birth to the child, or under this part.

(b) 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 person is presumed to be the natural parent of a child
if the person 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) The presumed parent 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, the presumed parent 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, the presumed parent 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 or her consent, the presumed parent is named as
the child’s parent on the child’s birth certificate.

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

(d) The presumed parent receives the child into his or her home
and openly holds out the child as his or her 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 parentage of the child by another person.

(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.

begin insert

begin insert SEC. 4.5. end insert   

end insert

begin insert Section 7612 of the end insert begin insert Family Code end insert begin insert is amended to read: end insert

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.

begin insert

(c) In an appropriate action, a court may find that more than
two persons with a claim to parentage under this division are
parents if the court finds that recognizing only two parents would
be detrimental to the child. In determining detriment to the child,
the court shall consider all relevant factors, including, but not
limited to, the harm of removing the child from a stable placement
with a parent who has fulfilled the child’s physical needs and the
child’s psychological needs for care and affection, and who has
assumed that role for a substantial period of time. A finding of
detriment to the child does not require a finding of unfitness of
any of the parents or persons with a claim to parentage.

end insert begin delete

(c) The

end delete

begin insert (d) end insert begin insert   end insert begin insert Unless a court orders otherwise after making the
determination specified in subdivision (c), a end insert 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 .

begin delete

(d)

end delete

begin insert (e) end insert  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.

begin delete

(e)

end delete

begin insert (f) end insert  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 spouse, a woman conceives
through assisted reproduction with semen donated by a man not
her husband, the spouse is treated in law as if he or she were the
natural parent of a child thereby conceived. The spouse’s consent
shall be in writing and signed by both spouses. The physician and
surgeon shall certify their signatures and the date of the assisted
reproduction procedure, and retain the spouse’s 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 parent and child relationship. All papers and
records pertaining to the assisted reproduction procedure, 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 assisted reproduction
of a woman other than the donor’s spouse is treated in law as if
he were not the natural parent 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 parent 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 other parent, 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 parent is deceased, the county in which proceedings
for probate of the estate of the parent 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 parent, a person presumed
to be the child’s parent 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
parent and child relationship presumed under subdivision (a), (b),
or (c) of Section 7611.

(2) For the purpose of declaring the nonexistence of the parent
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, parentage of the child by another
person may be determined in the same action, if that person 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 parent
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 parent and child relationship may be brought by the child
or personal representative of the child, the Department of Child
Support Services, the parent or the personal representative or a
parent of that parent if that parent 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 parent 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 parentage 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 parent 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 person brings an action to determine parentage and
custody of a child who he or she 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 parent who are prospective adoptive
parents, he or she shall serve his or her 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 parent 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 parent 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
father or a presumed parent and the other parent 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 parent, each person presumed to be a parent
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
parent 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 there is a voluntary declaration of paternity in
place, or parentage or a duty of support has been acknowledged
or adjudicated under this part or under prior law, the obligation of
the parent may be enforced in the same or other proceedings by
any of the following:

(1) The other parent.

(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 other parent.

(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 parentage 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 assisted reproduction 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 parent under Section 7611, the presumed parent shall
be given notice of the adoption proceeding and have the rights
provided under Part 2 (commencing with Section 8600) of Division
13, unless that parent’s relationship to the child has been previously
terminated or determined by a court not to exist or the presumed
parent 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 the other parent 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 alleged
father, unless one of the following occurs:

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

(2) The alleged father has been served as prescribed in Section
7666 with a written notice alleging that he is or could be the
biological 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 alleged 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 alleged 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 alleged 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 all alleged fathers and
presumed parents, 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 person has formally or informally
acknowledged or declared his or her possible parentage of the
child.

(5) The names and whereabouts, if known, of every person
presumed or man alleged to be the parent of the child, and the
efforts made to give notice of the proposed adoption to each person
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 biological father is identified
to the satisfaction of the court, or if more than one man is identified
as a possible biological father, notice of the proceeding shall be
given in accordance with Section 7666. If any alleged biological
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 biological father or a man representing himself to be
the biological father claims parental rights, the court shall
determine if he is the biological father. The court shall then
determine if it is in the best interest of the child that the biological
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
biological 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 biological 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
biological father, or that if he is the biological 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
biological father or any possible biological father and no person
has appeared claiming to be the biological father and claiming
custodial rights, the court shall enter an order terminating the
unknown biological 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
biological father or a possible biological 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 biological
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 relationship to the child has been previously terminated
or determined not to exist by a court.

(2) The alleged 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 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 an alleged 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 applies:

(1) The identity or whereabouts of the alleged 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 an alleged
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 alleged 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.

begin insert

begin insert SEC. 25. end insert   

end insert begin insert

(a)  Section 1.5 of this bill incorporates amendments
to Section 7601 of the Family Code proposed by both this bill and
Senate Bill 274. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2014, (2)
each bill amends Section 7601 of the Family Code, and (3) this
bill is enacted after Senate Bill 274, in which case Section 1 of this
bill shall not become operative.

end insert begin insert

(b) Section 4.5 of this bill incorporates amendments to Section
7612 of the Family Code proposed by both this bill and Senate
Bill 274. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2014, (2) each bill
amends Section 7612 of the Family Code, and (3) this bill is
enacted after Senate Bill 274, in which case Section 4 of this bill
shall not become operative.

end insert