BILL NUMBER: SB 1325 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Scott
FEBRUARY 16, 2006
An act to amend Sections 7630 and 8815 of the Family Code,
relating to adoption.
LEGISLATIVE COUNSEL'S DIGEST
SB 1325, as introduced, Scott Adoption.
Under existing law, a man is presumed to be the father of a child
if certain conditions are met. Existing law provides that if a mother
relinquishes for or consents to the adoption of a child who has a
presumed father, the father must be given notice of the adoption
proceeding and a child may not be adopted without his consent, except
under specified circumstances. If the father has not denied
paternity or relinquished for or consented to the adoption, the
mother or a prospective adoptive parent must file a petition to
terminate the parental rights of the father.
Existing law permits a child, the child's mother, a licensed
adoption agency, a prospective adoptive parent or, with certain
exceptions, a presumed father or other interested party to bring an
action to determine the existence or nonexistence of a parent and
child relationship between the presumed father and child.
Under existing law, if a proceeding to terminate the parental
rights of a presumed father has been filed, an action to determine
the parent and child relationship between the presumed father and
child is required to be consolidated with the termination proceeding.
This bill would require an action to determine the existence or
nonexistence of a parent and child relationship between a presumed
father and child to be consolidated with a proceeding that has been
filed for the emancipation of the child.
Under existing law, if a birth parent rescinds consent to an
adoption within a time specified and requests return of the child,
the child is immediately returned to the birth parent.
This bill would require the court, if a birth parent rescinds
consent to an adoption and before the child is returned to the birth
parent, to make a finding that the return of the child to the birth
parent serves the best interests of the child.
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 7630 of the Family Code is amended to read:
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) 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 subdivision (d) or (f) of
Section 7611.
(c) An action to determine the existence of the father and child
relationship with respect to a child who has no presumed father under
Section 7611 or whose presumed father is deceased 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) An action under subdivision (c) shall be consolidated with a
proceeding pursuant to Section 7662 whenever a proceeding has been
filed under Chapter 5 (commencing with Section 7660). The parental
rights of the alleged natural father shall be determined as set forth
in Section 7664. The consolidated action shall be heard in the court
in which the Section 7662 proceeding is filed, unless the court in
which the action under subdivision (c) is filed 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.
(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 the proceeding. The parental rights of
the presumed father shall be determined as set forth in Sections 7820
through 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 the proceeding. The parental rights
of the alleged natural father shall be determined as set forth in
Section 7664.
(3) The consolidated action under paragraphs (1) or (2) shall be
heard in the court in which the proceeding 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.
SEC. 2. Section 8815 of the Family Code is amended to read:
8815. (a) Once the revocable consent to adoption has become
permanent as provided in Section 8814.5, the consent to the adoption
by the prospective adoptive parents may not be withdrawn.
(b) Before the time when the revocable consent becomes permanent
as provided in Section 8814.5, the birth parent or parents may
request return of the child. In such a case the child shall
immediately be returned to the birth parent or parents so requesting
court shall order the child restored to the care and
custody of the birth parent or parents subject to the provisions of
Section 3041 .
(c) If the person or persons with whom the child has been placed
have concerns that the birth parent or parents requesting return of
the child are unfit or present a danger of harm to the child, that
person's or those persons' only option is to report their concerns to
the investigating adoption agency and the appropriate child welfare
agency. These concerns shall not be a basis for failure to
immediately return the child.
(d) This section shall become operative on January 1, 1995.