Amended in Senate March 13, 2013

Senate Bill No. 115

Introduced by Senator Hill

January 16, 2013

An act to amend Section begin delete 125290.40 of the Health and Safety end delete begin insert 7630 of the Family end insert Code, relating to begin delete stem cell research end delete begin insert parent and child relationship end insert .

LEGISLATIVE COUNSEL’S DIGEST

SB 115, as amended, Hill. begin delete Stem cell research: Independent Citizen’s Oversight Committee. end delete begin insert Parent and child relationship. end insert

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Existing law, the Uniform Parentage Act, sets forth the circumstances under which a man may be presumed to be the natural father of a child. Under existing law, those circumstances include if he receives the child into his home and openly holds out the child as his natural child and if the child is in utero after the father’s death and specified conditions applicable with respect to determining rights to the property to be distributed upon the death of the decedent are satisfied. 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 those circumstances. The Uniform Parentage Act also provides that the donor of semen provided to a licensed physician and surgeon or to a licensed sperm bank for use in artificial insemination or in vitro fertilization of a woman other than the donor’s wife is treated in law as if he were not the natural father 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.

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This bill would instead provide that notwithstanding the treatment in law of the sperm donor under those circumstance, 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 the previously described circumstances.

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The California Stem Cell Research and Cures Act, an initiative measure approved by the voters at the November 2, 2004, statewide general election as Proposition 71, establishes the California Institute for Regenerative Medicine, the purpose of which is, among other things, to make grants and loans for stem cell research. Existing law establishes the Independent Citizen’s Oversight Committee (ICOC), which is required to perform various functions and duties with regard to the operation of the institute. Existing law authorizes the ICOC to annually modify its funding and finance programs to optimize the institute’s ability to achieve the objective that its activities be revenue-positive for the state during its first 5 years of operation without jeopardizing the progress of its core medical and scientific research program.

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This bill would make a nonsubstantive change to that provision.

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Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 7630 of the end insert begin insert Family Code end insert begin insert is amended to
read: end insert

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)  begin delete Any end delete begin insert Notwithstanding subdivision (b) of Section 7613, any end insert
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
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 father and child relationship is heard.

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SECTION 1.  

Section 125290.40 of the Health and Safety Code
is amended to read:

125290.40.  

ICOC Functions

The ICOC shall perform the following functions:

(a) Oversee the operations of the institute.

(b) Develop annual and long-term strategic research and
financial plans for the institute.

(c) Make final decisions on research standards and grant awards
in California.

(d) Ensure the completion of an annual financial audit of the
institute’s operations.

(e) Issue public reports on the activities of the institute.

(f) Establish policies regarding intellectual property rights
arising from research funded by the institute.

(g) Establish rules and guidelines for the operation of the ICOC
and its working groups.

(h) Perform all other acts necessary or appropriate in the exercise
of its power, authority, and jurisdiction over the institute.

(i) Select members of the working groups.

(j) Adopt, amend, and rescind rules and regulations to carry out
the purposes and provisions of this chapter, and to govern the
procedures of the ICOC. Except as provided in subdivision (k),
these rules and regulations shall be adopted in accordance with
the Administrative Procedure Act (Government Code, Title 2,
Division 3, Part 1, Chapter 4.5, Sections 11371 et seq.).

(k) Notwithstanding the Administrative Procedure Act (APA),
and in order to facilitate the immediate commencement of research
covered by this chapter, the ICOC may adopt interim regulations
without compliance with the procedures set forth in the APA. The
interim regulations shall remain in effect for 270 days unless earlier
superseded by regulations adopted pursuant to the APA.

(l) Request the issuance of bonds from the California Stem Cell
Research and Cures Finance Committee and loans from the Pooled
Money Investment Board.

(m) May annually modify its funding and finance programs to
optimize the institute’s ability to achieve the objective that its
activities be revenue-positive for the state during its first five years
of operation without jeopardizing the progress of its core medical
and scientific research program.

(n) Notwithstanding Section 11005 of the Government Code,
accept additional revenue and real and personal property, including,
but not limited to, gifts, royalties, interest, and appropriations that
may be used to supplement annual research grant funding and the
operations of the institute.

(o) Under the guidance of the ICOC, the institute shall create a
succession plan addressing changes in leadership of both the
institute and the ICOC designed to minimize disruption and adverse
impacts to the activities of the institute. A copy of the succession
plan shall be transmitted to the Governor, Controller, and the
Legislature within 30 days of its completion. The succession plan
should include, but is not limited to:

(1) An assessment of leadership needs before beginning a search.

(2) An outline of succession procedures.

(3) Strategies to ensure successful knowledge transfer.

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