BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 274
                                                                  Page  1

          Date of Hearing:   July 3, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                      SB 274 (Leno) - As Amended:  May 14, 2013 

          Policy Committee:                             JudiciaryVote:7 -  
          2 

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill allows the courts, in appropriate cases, to find that  
          a child has more than two legal parents.  Specifically, this  
          bill: 

          1)Provides that where two or more claims or presumptions of  
            parentage have been established, a court may find that a child  
            has more than two natural or adoptive parents if such a  
            finding serves the best interests of the child.  

          2)Provides that in any case where a child has more than two  
            legal parents, the court shall allocate custody and visitation  
            among the parents based on the best interest of the child,  
            including, but not limited to stability for the child.  

          3)Provides that child support obligations based on more than two  
            parents shall not be construed to require reprogramming of the  
            California Child Support Automation System, a change in the  
            guideline, or a revision in any Department of Child Support  
            Services' (DCSS) regulation, policy, procedure, form or  
            training material.

           FISCAL EFFECT  

          1)Minor costs to DCSS. 

            Because it is likely that there will be few cases where a  
            court finds that a child has more than two parents, DCSS  
            should not need to reprogram the statewide child support  
            automation system or make any changes to its uniform  
            guidelines. 








                                                                  SB 274
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          2)Minor costs to the courts to the extent that this change  
            results in an increase in court time related to determining  
            child support obligations. 

          3)To the extent a court establishes more than two parents and  
            this bill allows a third parent to take custody of child who  
            would otherwise be placed in foster care, it would result in  
            minor savings to the child welfare system.  

           COMMENTS  

           1)Purpose  . This bill expands current law to allow that where  
            more than two people have established claims or presumptions  
            of parentage under existing California law, the court may  
            recognize more than two parents, but only if doing so is  
            required to protect the best interests of the child.  

            Courts already have to recognize more than two legal parents  
            in at least two situations.  First, other states have  
            recognized that a child may have more than two legal parents.   
            Under the Full Faith and Credit Clause, California is required  
            to honor the acts and judicial proceedings of the courts of  
            these other states.  Additionally, courts currently recognize  
            tribal customary adoption.  Tribal customary adoption, in an  
            aim to protect both Native American children and their  
            interests in having tribal membership and legal connections to  
            the tribal community, provides that a parent's rights need not  
            be terminated upon adoption of the child.  Accordingly, a  
            Native American child may have up to four legal parents - two  
            natural parents and two adoptive.

           2)Paternity Presumption  . Legal parenthood can be established in  
            a number of different ways.  A man is conclusively presumed to  
            be the father of a child if he was married to, or in a  
            registered domestic partnership with, and cohabitating with  
            the child's mother, except as specified.  A man who receives a  
            child into his home and holds the child out as his own is also  
            presumed a father of the child.  A man who signs a voluntary  
            declaration of paternity is presumed to be the legal father of  
            a child.  While the statutory scheme uses the word father, the  
            presumptions must be applied gender neutrally, so they apply  
            to mothers as well.  (See, e.g., Elisa B. V. Superior Court  
            (2005) 37 Cal.4th 108.)









                                                                  SB 274
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            Because of the presumptions of paternity available under law,  
            it is possible in limited situations for more than two people  
            to claim parentage of a child.  The Family Code provides that  
            where two or more presumptions arise that are in conflict with  
            each other, the presumption which on the facts is founded on  
            the weightier considerations of policy and logic controls.  In  
            2011 a Court of Appeal held that when two or more people meet  
            the legal definition of a parent, a court may recognize only  
            two of them as legal parents.  (In re M.C. (2011) 195  
            Cal.App.4th 197.) 

           3)Related Legislation  . SB 1476 (Leno) 2012 was substantially  
            similar to this bill. SB 1476 was vetoed by Governor Brown,  
            with the following veto message:

            "I am sympathetic to the author's interest in protecting  
            children. But I am troubled by the fact that some family law  
            specialists believe the bill's ambiguities may have unintended  
            consequences. I would like to take more time to consider all  
            of the implications of this change."


           Analysis Prepared by  :    Julie Salley-Gray / APPR. / (916)  
          319-2081