SB 115, as amended, Hill. Parent and child relationship.
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.
This bill would instead provide that notwithstanding the treatment in law of the sperm donor under thosebegin delete circumstanceend deletebegin insert circumstancesend insert, any interested party may bring an action at any time for the purpose of determining thebegin delete existence or nonexistence of the father and child relationship presumed under the previously described circumstancesend deletebegin insert parentage of a man presumed to be
the father because he receives the child into his home and openly holds out the child as his natural childend insert.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 7630 of the Family Code is amended to
2read:
(a) A child, the child’s natural mother, a man presumed
4to be the child’s father under subdivision (a), (b), or (c) of Section
57611, an adoption agency to whom the child has been relinquished,
6or a prospective adoptive parent of the child may bring an action
7as follows:
8(1) At any time for the purpose of declaring the existence of the
9father and child relationship presumed under subdivision (a), (b),
10or (c) of Section 7611.
11(2) For the purpose of declaring the nonexistence of the father
12and child relationship presumed under subdivision (a), (b), or (c)
13of Section 7611 only if the action is brought within a reasonable
14time
after obtaining knowledge of relevant facts. After the
15presumption has been rebutted, paternity of the child by another
16man may be determined in the same action, if he has been made
17a party.
18(b) begin insert(1)end insertbegin insert end insert Notwithstanding subdivision (b) of Section 7613, any
19interested party may bring an action at any time for the purpose
20of determining the existence or nonexistence of the father and child
21relationship presumed under subdivision (d)begin delete or (f)end delete of Section 7611.
22(2) Any interested party may bring an action at any time for the
23purpose of determining the existence or nonexistence of the father
24and child relationship presumed under subdivision (f) of Section
257611.
26(c) Except as to cases coming within Chapter 1 (commencing
27with Section 7540) of Part 2, an action to determine the existence
28of the father and child relationship may be brought by the child or
29personal representative of the child, the Department of Child
30Support Services, the mother or the personal representative or a
31
parent of the mother if the mother has died or is a minor, a man
P3 1alleged or alleging himself to be the father, or the personal
2representative or a parent of the alleged father if the alleged father
3has died or is a minor.
4(d) (1) If a proceeding has been filed under Chapter 2
5(commencing with Section 7820) of Part 4, an action under
6subdivision (a) or (b) shall be consolidated with that proceeding.
7The parental rights of the presumed father shall be determined as
8set forth in Sections 7820 to 7829, inclusive.
9(2) If a proceeding pursuant to Section 7662 has been filed under
10Chapter 5 (commencing with Section 7660), an action under
11subdivision (c) shall be consolidated with that proceeding. The
12parental rights of the alleged natural father shall be
determined as
13set forth in Section 7664.
14(3) The consolidated action under paragraph (1) or (2) shall be
15heard in the court in which the proceeding under Section 7662 or
16Chapter 2 (commencing with Section 7820) of Part 4 is filed, unless
17the court finds, by clear and convincing evidence, that transferring
18the action to the other court poses a substantial hardship to the
19petitioner. Mere inconvenience does not constitute a sufficient
20basis for a finding of substantial hardship. If the court determines
21there is a substantial hardship, the consolidated action shall be
22heard in the court in which the paternity action is filed.
23(e) (1) If any prospective adoptive parent who has physical
24custody of the child, or any licensed California adoption agency
25that has
legal custody of the child, has not been joined as a party
26to an action to determine the existence of a father and child
27relationship under subdivision (a), (b), or (c), or an action for
28custody by the alleged natural father, the court shall join the
29prospective adoptive parent or licensed California adoption agency
30as a party upon application or on its own motion, without the
31necessity of a motion for joinder. A joined party shall not be
32required to pay a fee in connection with this action.
33(2) If a man brings an action to determine paternity and custody
34of a child who he has reason to believe is in the physical or legal
35custody of an adoption agency, or of one or more persons other
36than the child’s mother who are prospective adoptive parents, he
37shall serve his entire pleading on, and give notice of all proceedings
38to, the adoption agency or
the prospective adoptive parents, or
39both.
P4 1(f) A party to an assisted reproduction agreement may bring an
2action at any time to establish a parent and child relationship
3consistent with the intent expressed in that assisted reproduction
4agreement.
5(g) (1) In an action to determine the existence of the father and
6child relationship brought pursuant to subdivision (b), if the child’s
7other parent has died and there are no existing court orders or
8pending court actions involving custody or guardianship of the
9child, then the persons having physical custody of the child shall
10be served with notice of the proceeding at least 15 days prior to
11the hearing, either by mail or in any manner authorized by the
12court. If any person identified as having physical custody
of the
13child cannot be located, the court shall prescribe the manner of
14giving notice.
15(2) If known to the person bringing the parentage action,
16relatives within the second degree of the child shall be given notice
17of the proceeding at least 15 days prior to the hearing, either by
18mail or in any manner authorized by the court. If a person identified
19as a relative of the second degree of the child cannot be located,
20or his or her whereabouts are unknown or cannot be ascertained,
21the court shall prescribe the manner of giving notice, or shall
22dispense with giving notice to that person.
23(3) Proof of notice pursuant to this subdivision shall be filed
24with the court before the proceeding to determine the existence of
25the father and child relationship is
heard.
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