BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1325|
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THIRD READING
Bill No: SB 1325
Author: Scott (D)
Amended: 5/2/06
Vote: 21
SENATE JUDICIARY COMMITTEE : 3-0, 4/25/06
AYES: Dunn, Escutia, Kuehl
NO VOTE RECORDED: Ackerman, Vacancy
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Adoption
SOURCE : Academy of California Adoption Lawyers
DIGEST : This bill revises numerous aspects of adoption
law including those relating to assisted reproduction,
felony convictions of parents, appearance by prospective
adoptive parents and presumed father proceedings.
ANALYSIS : Existing law provides that a person who has
sexual intercourse in the state submits to jurisdiction of
the courts for actions with regards to any children
conceived.
Existing law provides that actions regarding conceived
children shall be brought either in the county the child
resides in, the county in which a licensed adoption agency
brings the action, or county in which the father's probate
proceedings are held.
CONTINUED
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This bill defines "assisted reproduction" as conception by
any means other than sexual intercourse, and "assisted
reproduction agreement" as a contract that includes a
person who intends to be the legal parent of the child(ren)
born through assisted reproduction and that defines the
terms of the relationship between the parties to the
contract.
This bill adds that courts have jurisdiction over any
person who causes conception via assisted reproduction with
the intent to become a legal parent.
This bill allows actions relating to assisted reproduction
agreements to be brought in the county in which the child
is either born or expected to be born.
This bill allows parties to assisted reproduction
agreements to bring actions to establish legal parenthood
consistent with intent expressed in that agreement.
Existing law provides for separate proceedings to determine
whether a father is a presumed father and to declare the
child free from parental custody and control.
This bill requires consolidation of those proceedings.
Existing law allows actions to establish a parent-child
relationship before the birth of the child.
This bill allows courts to enter orders or judgments before
the birth of the child with regards to the parent-child
relationship. These orders or judgments would not be
effective until the birth of the child.
Existing law allows termination of the parent-child
relationship when the parent is convicted of a felony and
the facts of the crime of which the parent is convicted
demonstrate the unfitness of the parent to have future
custody or control of the child.
This bill allows courts to consider the pattern of a
parent's criminal record prior to the felony conviction to
the extent that the criminal record demonstrates a pattern
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of behavior substantially related to the welfare of the
child or the parent's ability to exercise custody and
control regarding his/her child.
Existing law requires prospective adoptive parents to be
examined by the court prior to entering a final order of
adoption. Counsel may appear for prospective adoptive
parents who are commissioned or enlisted in military
service when such personal appearance is impossible or
impracticable.
This bill allows courts to waive the personal appearance of
prospective adoptive parents who are unable to make an
appearance due to impossibility or impracticability. In
those circumstances, prospective adoptive parents may
appear through counsel, at which time the court may order
an examination of the prospective adoptive parent by
deposition. This bill specifies that if the circumstances
that make an appearance in person by the prospective
adoptive parent impossible or impracticable are temporary
in nature or of a short duration, the court shall not waive
the personal appearance of that prospective parent.
This bill provides that if neither prospective adoptive
parent need appear before the court, the child proposed to
be adopted need not appear.
Existing law allows either birth parent to relinquish their
child to the Department of Social Services (DSS) or
licensed adoption agency. Relinquishments are final within
10 days after the department receives a certified copy of
the relinquishment form.
This bill states that relinquishments are deemed final 10
business days after receipt of the filing by DSS, unless
any of the following apply:
1. DSS sends written acknowledgment of receipt of the
relinquishment prior to the expiration of that 10-day
period, at which time the relinquishment shall be final.
2. A longer period of time is necessary due to a pending
court action or some other cause beyond control of DSS.
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FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/17/06)
Academy of California Adoption Lawyers (source)
ARGUMENTS IN SUPPORT : The Academy of California Adoption
Lawyers (ACAL), the bill's sponsor, contends that this bill
will clean up, clarify and revise various family code
provisions relating to adoption. The intent of these
changes is to "expedite the adoption process."
The sponsor states that this bill is needed in cases where
the couple enters into an assisted reproduction agreement
with a surrogate mother. ACAL contends that hospitals
require a court order before listing parties other than the
birth mother and presumed or alleged father on the birth
certificate. Accordingly, the sponsor's intent is to allow
these parents to be listed on the birth certificate at the
hospital without requesting the court to later issue a
corrected birth certificate.
This bill allows parties to establish parental rights
immediately upon birth of the child.
RJG:mel 5/17/06 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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