BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 941|
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CONSENT
Bill No: AB 941
Author: Assembly Judiciary Committee
Amended: 6/11/09 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE : 5-0, 6/16/09
AYES: Corbett, Harman, Florez, Leno, Walters
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 71-0, 4/23/09 - See last page for vote
SUBJECT : Adoption
SOURCE : Academy of California Adoption Lawyers
DIGEST : This bill makes several technical and clarifying
changes to adoption law.
ANALYSIS : Existing law provides for postadoption contact
agreements between adoptive parents and birth relatives of
the adopted child. Existing law limits the postadoption
contact to just sharing information about the child, unless
the child has an existing relationship with the birth
relatives. (Fam. Code Sec. 8616.5.)
This bill clarifies that an optional postadoption contact
agreement between adoptive parents and birth relatives may,
if the parties agree, include more than just the sharing of
information about the child, even if the child does not
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have an existing relationship with the birth relatives.
Existing law provides that a birth parent living in
California may waive the right to revoke consent to an
independent adoption by signing the waiver in the presence
of: (1) a representative of DSS or the delegated county
adoption agency; (2) a judicial officer if the birth parent
is represented by independent legal counsel; or (3) an
adoption service provider if the birth parent is
represented by independent legal counsel, as provided.
(Fam. Code Sec. 8814.5.)
Existing law provides that a birth parent living outside of
California may waive the right to revoke consent to an
independent adoption by signing a waiver in the presence
of: (1) a representative of a public adoption agency in
the state where the birth parent is located; (2) a judicial
officer in that state if the birth parent is represented by
independent legal counsel; or (3) an adoption service
provider. (Fam. Code Sec. 8814.5.)
Existing law provides that the adoption service provider
owes a very high duty of care to the birth parent,
regardless of who pays the provider's fees. (Fam. Code
Secs. 8801.5, 8801.7.)
This bill clarifies that an adoption service provider
before whom the birth parent may waive the right to revoke
consent to an independent adoption can include the adoption
service provider who advised the birth mother and witnessed
the signing of the consent to the adoption.
This bill clarifies that a birth parent living outside of
California may waive the right to revoke consent to an
independent adoption by signing a waiver in the presence
of: (1) a representative of a public adoption agency in
the state where the birth parent is located; (2) a judicial
officer in that state if the birth parent is represented by
independent legal counsel; or (3) an adoption service
provider.
Existing law provides a procedure for stepparent adoptions
and states when the prospective adoptive stepparent and
child must appear before the court. (Fam. Code Secs.
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9000-9007.)
This bill clarifies that a prospective adoptive stepparent
and child must appear before the court, as required by
existing law.
Existing law provides that an action brought under the
Uniform Parentage Act (Fam. Code Sec. 7600 et seq.) may be
brought in one of the following: (1) the county in which
the child resides or is found; (2) the county in which a
licensed California adoption agency maintains an office if
that agency brings the action; or (3) if the father is
deceased, the county in which proceedings for probate of
the estate of the father of the child have been or could be
commenced. (Fam. Code Sec. 7620.)
This bill additionally provides that, if the child is the
subject of a pending or proposed adoption, an action under
the Uniform Parentage Act may be brought in: (1) a county
in which a licensed California adoption agency to which the
child has been relinquished or is proposed to be
relinquished maintains an office; and (2) any county in
which an office of the Department of Social Services or a
public adoption agency investigating the petition is
located.
Existing law provides that a petition for an order or
judgment to free a child from the custody or control of
either or both parents shall be filed in either of the
following: (1) the county in which the minor resides or is
found; and (2) the county in which any of the specified
acts which may be the basis of the petition are alleged to
have occurred.
This bill additionally provides that a petition to free a
child from the custody or control of either or both parents
may be filed in the county in which a petition for the
adoption of the child has been filed or the adoption agency
to which the child has been relinquished or proposed to be
relinquished has an office.
Existing law provides that a petition for adoption of a
minor may be filed in the court in the county in which any
of the following applies: (1) a petitioner lives; (2) the
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minor lives; or (3) an office of an agency that placed the
child is located.
This bill instead provides that petitioners who are
residents of California may file a petition to adopt a
child with the court in any county where one of the
following applies: (1) a petitioner resides; (2) the minor
was born or resides at the time of the filing; (3) an
office of the agency that placed the child for adoption is
located; and (4) the office of the Department of Social
Services or public adoption agency that is investigating
the petition is located.
This bill also provides that petitioners who are not
residents of California may file a petition to adopt a
child in the county where: (1) the minor was born or
resides at the time of the filing; (2) an office of the
agency that placed the child for adoption is located; and
(3) the office of the Department of Social Services or
public adoption agency that is investigating the petition
is located.
Background
Every year, the Academy of California Adoption Lawyers
seeks to clarify or modify provisions in the Family Code
which they have identified as having either technical
errors or as being the basis for conflicting court rulings
that could potentially prolong the adoption process.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 6/29/09)
Academy of California Adoption Lawyers (source)
ARGUMENTS IN SUPPORT : According to the Academy of
California Adoption Lawyers, the changes proposed in this
bill are to eliminate ambiguity or internal inconsistencies
within the Family Code, which may cause families adopting
children to unnecessarily spend thousands of dollars. The
author also asserts that this bill will eliminate outdated
provisions and cross references, and clarify sections which
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are currently confusing to judges.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Caballero, Charles Calderon, Carter, Chesbro,
Conway, Cook, Coto, De La Torre, De Leon, DeVore, Duvall,
Eng, Evans, Feuer, Fong, Fuentes, Fuller, Furutani,
Gaines, Galgiani, Garrick, Gilmore, Hagman, Hall,
Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries,
Jones, Knight, Krekorian, Lieu, Logue, Bonnie Lowenthal,
Ma, Mendoza, Miller, Monning, Nestande, Niello, Nielsen,
John A. Perez, V. Manuel Perez, Portantino, Price,
Ruskin, Salas, Saldana, Silva, Skinner, Smyth, Solorio,
Audra Strickland, Swanson, Torlakson, Tran, Yamada, Bass
NO VOTE RECORDED: Buchanan, Davis, Emmerson, Fletcher,
Harkey, Nava, Torres, Torrico, Villines
RJG:nl 7/15/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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