BILL ANALYSIS                                                                                                                                                                                                    �






                             SENATE JUDICIARY COMMITTEE
                             Senator Noreen Evans, Chair
                              2011-2012 Regular Session


          AB 687 (Fletcher)
          As Amended June 27, 2011
          Hearing Date: July 5, 2011
          Fiscal: Yes
          Urgency: No
          EDO  
                    

                                        SUBJECT
                                           
                                      Adoption

                                      DESCRIPTION  

          This bill, sponsored by the Academy of California Adoption 
          Lawyers, would make several changes to the adoption process, 
          including:
           provides that when the inquiry is being made into the natural 
            father of a child who is being proposed to be adopted that it 
            also include the names and whereabouts of every man presumed 
            to be the father and the efforts made to give notice of the 
            proposed adoption;
           provides that notice of the adoption proceeding to the man 
            identified as the natural father is not required when the 
            man's relationship to the child has been previously terminated 
            or when the man has executed a written form to waive notice, 
            deny paternity, relinquish the child for adoption, or 
            consented to the adoption;
           provides that a licensed private adoption agency is authorized 
            to process non-dependent children adoptions through the 
            Interstate Compact on the Placement of Children, in specified 
            circumstances;
           provides that the court may issue an adoption order nunc pro 
            tunc in specified circumstances;
           provides that a petition challenging an adoption on the basis 
            of fraud must be commenced within three years of the order, or 
            90 days of discovering the fraud;
           provides multiple venue options for an adult adoption; and
           provides that a new adoption birth certificate be issued in a 
            timely manner

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                                      BACKGROUND  

          Every year the Academy of California Adoption Lawyers (ACAL) 
          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.  This bill is being 
          sponsored by ACAL for this specific purpose. 

                                CHANGES TO EXISTING LAW
           
           1.Existing law  provides that in an effort to identify the 
            natural father of a child being placed for adoption, the court 
            shall inquire of the mother and any appropriate person from 
            any of the following: (1) the State Department of Social 
            Services; (2) a licensed county adoption agency; (3) the 
            licensed adoption agency to which the child is to be 
            relinquished; and (4) in the case of a stepparent adoption, at 
            the option of the board of supervisors, a licensed county 
            adoption agency, the county department designated by the board 
            of supervisors to administer the public social services 
            program, or the county probation department.  (Fam. Code Sec. 
            7663(a).)

             Existing law  provides that inquiry into the identity of the 
            natural father shall include: (1) whether the mother was 
            married at the time of conception of the child or any time 
            after; (2) whether the mother was living with a man at the 
            time of conception or birth of the child; (3) whether the 
            mother has received support payments or promises of support in 
            connection with her pregnancy; and (4) whether any man has 
            formally or informally acknowledged or declared his possible 
            paternity of the child.  (Fam. Code Sec. 7663(b).)
             
            This bill  would also require the inquiry into the identity of 
            the natural father of the child to include the names and 
            whereabouts of every man presumed or alleged to be the father 
            of the child, and the efforts made to give notice of the 
            proposed adoption to each man identified. 

           2.Existing law  provides that the department or the licensed 
            adoption agency must provide a report of its finding regarding 
            the inquiry into the identity of the child's natural father to 
            the court.  (Fam. Code Sec. 7663(c).)

                                                                      




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             This bill  would provide that the agency that completes the 
            inquiry must file a written report with its finding to the 
            court.  

           3.Existing law  provides that after the natural father has been 
            identified, or if more than one man is identified as a 
            possible father, each must be given notice of the proceedings, 
            unless he has been served with written notice alleging that he 
            is or could be the father of the child to be adopted and has 
            failed to bring an action to declare the existence of the 
            father and child relationship within 30 days after service of 
            the notice, or the birth of the child, whichever is later.  If 
            the alleged father fails to appear, or fails to claim parental 
            rights, his parental rights will be terminated.  (Fam. Code 
            Sec. 7664(a).)

             This bill  would consolidate provisions regarding when notice 
            to the alleged or presumed father is not required into Family 
            Code Section 7666. 
           4.Existing law  provides that nothing in this part shall change 
            the rights of a presumed father under Family Code Section 
            7611.  (Fam. Code Sec. 7664(c).)

             This bill  would delete the statement that "nothing in this 
            part shall change the rights of a presumed father under Family 
            Code Section 7611"since this conflicts with other sections of 
            the Family Code, namely Section 7612(c) which provides that a 
            presumption under 7611 is rebutted by a judgment of paternity. 


           5.Existing law  provides that notice shall be given to every 
            person identified as the natural father or possible natural 
            father at least 10 days before the date stated in the notice 
            of the proceeding.  Existing law provides that if a person 
            identified as the natural father or possible natural father 
            cannot be located or his whereabouts are unknown, the court 
            may issue an order dispensing with notice of that person. 
            (Fam. Code Sec. 7666.)

             This bill  would consolidate the provisions regarding when 
            notice to a man identified or alleged as the natural father 
            shall not be required including the following already 
            contained in existing law:
                the whereabouts or identity of the alleged father are 

                                                                      




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            unknown or cannot be ascertained; or
                the alleged father has been served with written notice of 
            his alleged paternity and the proposed adoption, and he has 
            failed to bring an action within 30 days of service of the 
            notice or the birth of the child, whichever is later.

             This bill  would add the following provisions for when notice 
            to a man identified or alleged as the natural father is not 
            required:
                 the man's relationship to the child has been previously 
               terminated or determined not to exist by a court; or
                 the alleged or presumed father has executed a written 
               form to waive notice, deny his paternity, relinquish the 
               child for adoption, or consent to the adoption of the 
               child.

           1.Existing law  provides that an action to terminate the parental 
            rights of a father of a child shall be set for hearing not 
            more than 45 days after filing of the petition and completion 
            of service. Existing law provides that notice of the 
            proceeding must be given to every person identified as the 
            natural father in accordance with the Code of Civil Procedure 
            for the service of process in a civil action in this state at 
            least 10 days before the date stated in the notice of the 
            proceeding.  Proof of giving the notice must be filed with the 
            court before the petition is heard. (Fam. Code Secs. 7666 and 
            7667.)

             This bill  would provide that an action to terminate the 
            parental rights of a father shall be set for hearing not more 
            than 45 days after filing the petition, rather than the date 
            of service of process, however service of process must still 
            take place at least ten days before the hearing, with proof 
            being filed with the court.  
           2.Existing law  , the Interstate Compact on the Placement of 
            Children (ICPC), provides that the California Department of 
            Social Services, is "the appropriate public authority" 
            responsible for the administration of ICPC.  (Fam. Code Sec. 
            7900 et seq.)
          
             This bill  would provide that when a full-service licensed 
            private adoption agency has provided adoption-related services 
            to a birth parent, non-dependent child, or prospective 
            adoptive parent, that agency is authorized to process the 
            paperwork for a non-dependent child pursuant to the ICPC. 

                                                                      




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           3.Existing law  provides that the court may enter a judgment for 
            dissolution of marriage nunc pro tunc, even though the 
            judgment may have been previously entered, if the judgment was 
            not entered as soon as it could have by mistake, negligence, 
            or inadvertence.  (Fam. Code Sec. 2346.)

             This bill would provide that a court may issue an order of 
            adoption nunc pro tunc where it will serve public policy and 
            the best interests of the adoptee for specified purposes.  
            This bill would provide that an adoptee's eligibility for any 
            publicly-funded benefit program would not be altered by the 
            nunc pro tunc entry of an order of adoption.  
           
           4.Existing law  provides that in a stepparent adoption, the 
            consent of either or both birth parents shall be signed in the 
            presence of a notary public, court clerk, probation officer, 
            qualified court investigator, or county welfare department 
            staff member of any county.  The above stated individuals must 
            immediately file the consent with the clerk of the court where 
            the adoption petition is filed.  Existing law provides that 
            the clerk must immediately notify the probation officer, or, 
            the county welfare department.  Existing law provides that in 
            an agency adoption either birth parent may relinquish a child 
            to the department or a licensed adoption agency for adoption 
            by a written statement signed before two subscribing witnesses 
            and acknowledged before an authorized official of the 
            department or agency. Existing law provides that in 
            independent adoptions an adoption service provider shall also 
            witness the signature of the adoption placement agreement. 
            (Fam. Code Secs. 9003, 8700(a) and 8801.7(a).)

             This bill  would add an authorized representative of a licensed 
            adoption agency to the list of individuals who may witness the 
            consent in a stepparent adoption.  This bill would also 
            provide that the consent may be filed simultaneously with the 
            adoption request. 

           5.Existing law  provides that a proceeding to vacate or set aside 
            an adoption on any ground, except fraud, shall be commenced 
            within one year after the entry of the adoption order.  
            Existing law provides that an action to vacate or set aside an 
            adoption, based on fraud, must be commenced within three years 
            after the adoption.  (Fam. Code Sec. 9102.)


                                                                      




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             This bill  would provide that the action to vacate an adoption 
            based on fraud must be commenced within three years after the 
            adoption or within 90 days of discovery of the fraud, 
            whichever is earlier.  This bill would also require the court 
            to first determine whether the facts presented are legally 
            sufficient to set aside the order of adoption.  If the facts 
            are not legally sufficient, the petition must be denied.  If 
            the facts are legally sufficient, the court's final ruling 
            must take into consideration the best interests of the child, 
            in conjunction with all other factors required by law.

           6.Existing law  provides that the petition for an adult adoption 
            may be filed in the county in which either person resides.  
            (Fam. Code Sec. 9321.)

             This bill  would also allow a person who is a resident of this 
            state to petition for an adult adoption to be filed in any of 
            the following:
                 the county where the prospective adoptive parent 
               resides;
                 the county where the proposed adoptee was born or 
               resides at the time the petition is filed; or
                 the county where the office of the public or private 
               agency that placed the proposed adoptee for foster care or 
               adoption as a minor is located. 

             This bill  would also allow a petitioner who is not a resident 
            of this state to file a petition for an adult adoption with 
            the court in any of the above mentioned counties or the county 
            where the non-petitioning party resides. 

           1.Existing law  provides that a new birth certificate must be 
            issued upon receipt of a report of adoption.  (Health & Saf. 
            Code Sec. 102635.)

             This bill  would require the State Registrar to issue the new 
            birth certificate within 120 days of receipt of the report of 
            adoption, or within 90 days if an adoptive parent requests an 
            expedited birth certificate.  This bill would require that the 
            fee for an expedited birth certificate be $150.00.  

           2.Existing law  provides that the State Department of Social 
            Services must check the Child Abuse Central Index prior to 
            granting a license to, or otherwise approving, any individual 
            to care for children.  Existing law also requires a county 

                                                                      




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            social worker to cause a check of the Child Abuse Index to be 
            conducted on all persons over 18 years of age living in a home 
            whenever a child may be placed in the home of a relative or 
            prospective guardian or other person who is not a licensed or 
            certified foster parent.  (Health & Saf. Code Sec. 1522.1.)

             This bill  would provide that a foster care license or 
            certification is not required if a nondependent child is 
            placed in the care of prospective adoptive parents who have an 
            approved adoption home study.  This bill would provide that 
            this placement must not exceed 30 days and if placement does 
            not occur within the 30 days, the licensed private adoption 
            agency must place the child in a home that is licensed or 
            certified for foster care, or the prospective adoptive parent 
            or parents must be appointed by the court as the legal 
            guardian or guardians of the child. This bill would also 
            provide that the licensed private adoption agency must conduct 
            in-home supervisory visits no less than once every thirty 
            days.  
           
                                        COMMENT
           
          1.  Stated need for the bill  
          
          The author writes:
          
            This is the annual ACAL bill whose purpose is to address 
            primarily technical legal issues associated with different 
            forms of adoption.  Some of the issues are technical and seek 
            to alleviate conflict within the Family Code sections or 
            clarification of sections.  Others address more substantive 
            issues that due to either a court decision or to a change in 
            practice or administration by the regulatory entities such as 
            the county adoption offices or the �California Department of 
            Social Services].  Finally some are strictly administrative 
            changes to expedite adoptions.  

            Unfortunately there are instances where adoptive families run 
            into one of these situations and the costs of litigating adds 
            significantly to the adoption process.  This bill is �the] 
            latest in a series of annual efforts to clean up the adoption 
            sections of the Family Code.  For the past 10 years, ACAL has 
            sponsored this annual legislation all of which have been 
            signed into law.  


                                                                      




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          The sponsor of this bill, Academy of California Adoption 
          Lawyers, writes, "building families through adoption is a very 
          important process for many families in our state today.  Given 
          the challenging economic times, reducing the need to either 
          litigate or expend legal fees to sort through conflicting or 
          ambiguous sections of the Family Code, adds to the expense of 
          adoption that most families cannot afford.  Creating an 
          opportunity for a child to be placed and accepted in a family 
          home is the best option.  �This bill] ensures that there are 
          fewer technicalities that may serve as a barrier in California 
          law."
          
          2.  Bill would improve the process for finding and notifying a 
            presumed or alleged father of a child being considered for 
            adoption  

          Under existing law, the court is required to make efforts to 
          identify the natural father of a child who is being considered 
          for adoption.  Depending on the agency handling the adoption, 
          the court must request the agency to determine: (1) whether the 
          mother was married at the time of conception or any time after; 
          (2) whether the mother was cohabitating with a man at the time 
          of conception or birth of the child; (3) whether the mother 
          received support payments for the child or her pregnancy; and 
          (4) whether any man has formally or informally acknowledged 
          paternity of the child.  The agency or department that handles 
          this investigation must then report the findings to the court.  
          The purpose of this investigation is to locate and determine the 
          child's natural father in order to be sure that the father 
          consents to the child's adoption.   

          In addition to the aforementioned inquiries that the agency 
          handling the adoption must make, this bill would also require 
          the agency to include in the report of findings, the names and 
          whereabouts of every man presumed or alleged to be the father of 
          the child, if these names and whereabouts are known.  This bill 
          would also require the agency to include the efforts made to 
          give notice of the proposed adoption to these men.  In light of 
          several court cases finding that the interests of the child 
          outweigh the interests of the natural father once the child has 
          been placed with non-biological parents through adoption or 




                                                                      




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          guardianship proceedings<1>, it is imperative that the natural 
          father be given adequate notice of the proposed adoption in 
          order to exercise his rights prior to any action being taken.  
          (See also Guardianship of Zachary D. v. Eric P. (1999) 73 
          Cal.App.4th 51.)  This additional inquiry which would be 
          included in the agency report should help facilitate this 
          process.  As a result, it is hoped that proper parental notice 
          is provided prior to any adoption being finalized. 

          3.  Bill would clarify rights of a presumed father and would 
            consolidate notice requirements  

          Under existing law, after inquiry has been made regarding the 
          natural father of the child, notice must be provided to any man 
          alleged or presumed to be the natural father unless the alleged 
          or presumed natural father has been served with a written notice 
          that he is or may be the natural father and that the child may 
          be adopted, and he has failed to bring an action to determine 
          the existence of a father and child relationship.  This must 
          occur within 30 days after receiving the notice or the birth of 
          the child, whichever is later.  (Fam. Code Sec. 7664.) Existing 
          law also provides that if a person identified as the natural 
          father cannot be located the court may issue an order dispensing 
          of notice.  (Fam. Code Sec. 7666.)  However, if the natural 
          father claims parental rights the court must determine whether 
          or not he is the natural father and whether or not adoption is 
          in the best interest of the child.  Existing law provides that 
          this process does not change the rights of a presumed father 
          under Family Code Section 7611. (Fam. Code Sec. 7664.)

          In addition to existing law that provides that notice of the 
          proceeding to terminate parental rights for an adoption is not 
          ---------------------------
          <1> "California recognizes the principle that children are not 
          merely chattels belonging to their parents, but rather have 
          fundamental interests of their own. . . As a matter of simple 
          common sense, the rights of children in their family 
          relationships are at least as fundamental and compelling as 
          those of their parents.  If anything children's familial rights 
          are more compelling than adult's . . . cases which hold that 
          deference is to be accorded to parental rights do so in part on 
          the assumption that children's needs generally are best met by 
          helping parents achieve their interests.  In some situations, 
          however, children's and parents' rights conflict, and in these 
          situations, the legal system traditionally protects the 
          child."(See In re Bridget R. (1996) 41 Cal.App.4th 1483.)

                                                                      




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          required for a father whose whereabouts cannot be determined, or 
          when the father has been given notice but has not instituted 
          proceedings to determine a father and child relationship, this 
          bill would provide that notice is also not required when: (1) 
          the man's relationship to the child has been previously 
          terminated or determined not to exist by a court; or (2) the 
          alleged or presumed father has executed a written form to waive 
          notice<2>, deny his paternity, relinquish the child for 
          adoption, or consent to the adoption of the child.  In these 
          situations, notice would be duplicative and unnecessary.  
          Requiring notice when the court has already terminated a father 
          and child relationship or when a father has already waived his 
          right to further notice of adoption proceedings or denied his 
          paternity would only prolong the adoption process unnecessarily. 


          4.  Bill would clarify timing for the hearing to terminate 
            parental rights
           
          Under existing law, an action to terminate the parental rights 
          of a father of a child must be set for hearing not more than 45 
          days after filing of the petition and completion of service of 
          process.  Existing law also requires that the hearing date be 
          provided at the time of service.  Service of process for an 
          action to terminate the parental rights of a father for the 
          purpose of an adoption must be completed at least 10 days before 
                                                      the date stated in the notice of the proceeding.  However, since 
          it is rarely possible to know the exact date of service of 
          process, it is also nearly impossible to include the hearing 
          date in the service.  This bill would provide that the hearing 
          be set not more than 45 days after the date of filing the 
          petition.  If, at that time, service of process has not been 
          completed, the hearing date would be continued by the court 
          since service of process must be completed at least 10 days 
          ---------------------------
          <2> The two forms to which this language is referring are the 
          "Waiver of Right to Further Notice of Adoption Proceedings" and 
          "Denial of Paternity by Alleged Natural Father." When an alleged 
          father signs either form (before or after birth of the child), 
          he is saying that he doesn't want to be involved in the case.  
          The attorney must submit a copy of the Waiver or the Denial to 
          prove that the man was given written notice of his alleged 
          paternity, notice of the adoption plan, and an opportunity to 
          participate or object - but has chosen to waive those rights 
          without admitting or denying paternity (via the Waiver) or to 
          deny paternity (via the Denial).

                                                                      




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          prior to the hearing and the proof of service must be filed with 
          the court. 

          5.  Bill would allow private adoption agencies to perform 
            Interstate Compact on the Placement of Children (ICPC) 
            services in the adoption of non-dependent children
           
          Under existing law, the California Department of Social Services 
          (CDSS) is the administrator of all ICPC adoptions. According to 
          the ICPC Web site, "the ICPC is a contract among member states 
          and U.S. territories authorizing them to work together to ensure 
          that children who are placed across state lines for foster care 
          or adoption receive adequate protection and support services.  
          The ICPC establishes procedures for the placement of children . 
          . . the purpose of the ICPC is to protect the child and the 
          party states in the interstate placement of children."  CDSS has 
          delegated their authority to counties and licensed adoption 
          agencies for interstate placement requests in relative homes, 
          foster family homes and prospective adoptive homes.  

          This bill would specifically provide that when a full-service 
          licensed private adoption agency has provided adoption-related 
          services to a birth parent, non-dependent child, or prospective 
          adoptive parent, that agency is authorized to process the 
          paperwork for a non-dependent child pursuant to the ICPC.  When 
          a birth parent or prospective adoptive parent has solicited help 
          from a private adoption agency, the agency should be able to 
          investigate all possible options within or outside the State.  
          If a placement is located outside of the state, or a child is 
          found outside of the state, it is reasonable to allow the 
          private adoption agency to complete the process rather than 
          having to hand the adoption off to the CDSS in order to comply 
          with the ICPC. 

          6.  Bill would provide that the court may enter an order for 
            adoption nunc pro tunc under specified circumstance  

          Nunc pro tunc is the latin phrase meaning "now for then" and is 
          used when the court determines that a ruling or order should 
          apply retroactively.  This bill would provide that the court may 
          issue an order for adoption nunc pro tunc when an adoption has 
          been unduly delayed resulting in an unjust consequence.  An 
          example of when this may occur includes a child who, by the time 
          the adoption is final, through no fault of his or her own, has 
          reached the age of 18.  Once the person has reached 18, they are 

                                                                      




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          no longer a child for the purposes of adoption.  Adoption 
          affords the child and parents the same rights, responsibilities 
          and obligations as if the child were born to the parents.  In 
          California, "after adoption, the adopted child and the adoptive 
          parents shall sustain towards each other the legal relationship 
          of parent and child and have all the rights and are subject to 
          all the duties of that relationship." (Fam. Code Sec. 8616.)  
          Consequently, an adoption cannot be terminated without 
          substantial court involvement, in sum, the same process of 
          terminating parental rights that occurs in order for the 
          adoption to occur in the first place.  On the other hand, an 
          adult adoption is simply a contractual agreement which is much 
          easier for either party to undue.  Further, the courts' ability 
          to issue the adoption order nunc pro tunc is permissive and 
          should only be used to serve public policy and the best 
          interests of the adoptee.  Finally, the nunc pro tunc order is 
          not meant to alter any public benefits or assistance that the 
          child would have or should have received.  

          7.  Bill would require court to consider the best interest of the 
            child when an adoption is challenged based on fraud
           
          Under existing law, an action to set aside an adoption on any 
          ground, other than fraud, must be commenced within one year.  
          For an action based on fraud, it must be commenced within three 
          years after entry of the adoption order.  This bill would 
          further require that an action challenging an adoption based on 
          fraud be commenced within 90 days of discovering the fraud.  
          Additionally, this bill would require the court, in any action 
          challenging the adoption, to first determine whether the facts 
          presented are legally sufficient to set aside the order of 
          adoption.  If the facts are not legally sufficient, the petition 
          must be denied.  However, if the facts are legally sufficient, 
          the court must take into consideration the best interests of the 
          child, in conjunction with all other factors required by law.

          This additional requirement providing that the court consider 
          the best interests of the child, is consistent with the 
          principle set forth in case law.  In Guardianship of Zachary H., 
          the court determined that it was in the best interest of the 
          child to remain with the adoptive parents even though the 
          biological father had attempted to establish a father and child 
          relationship prior to the adoption being final.  (Guardianship 
          of Zachary D. v. Eric P. (1999) 73 Cal.App.4th 51.)  In that 
          case, the biological father, Eric, had provided financial 

                                                                      




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          assistance to the mother and had told the mother that he was 
          ready to assume full responsibility of the child.  (Id. at 55.) 
          However, the mother placed the child immediately after the 
          child's birth with prospective adoptive parents.  (Id.) Eric 
          filed a petition to determine paternity ten days prior to the 
          child's birth and the prospective adoptive parents filed a 
          petition for adoption two days after the child's birth.  (Id.) 
          The lawyer for the prospective adoptive parents did not give 
          Eric notice of the hearing for the adoption petition.  (Id.) The 
          court ruled that Eric had abandoned the child and granted the 
          adoption order (Id.).  The child was placed with the adoptive 
          parents, although they allowed Eric to visit the child.  (Id. at 
          56.)  Two years after the adoption was finalized, several 
          experts including Eric himself acknowledged that removing the 
          child from the custody of the adoptive parents would be 
          detrimental to the child's best interests.  (Id. at 58.)  
          Ultimately, after several appeals, the court held that the 
          adoption should be set aside, however the court granted the 
          adoptive parents a permanent guardianship based on the best 
          interest of the child.  This bill is consistent with the 
          principle set forth in this case, in that the best interests of 
          the child should be considered in addition to any other court 
          findings.

          Additionally, considering that existing law requires an alleged 
          or presumed father to bring an action within 30 days of notice 
          that he is or could be the natural father of a child to be 
          adopted, the 90 day requirement included in this bill appears to 
          be more than sufficient.  If the expectation is that a natural 
          father will be able to bring an action to declare the existence 
          of a father and child relationship within 30 days of notice, it 
          is reasonable that a parent can bring an action to set aside an 
          adoption, based on fraud, within 90 days of notice.  This is 
          also consistent with the public policy of attempting to provide 
          finality for the adopted child.  If a parent is aware that the 
          adoption occurred fraudulently it is, arguably, against public 
          policy to allow that parent to delay acting on that information 
          for three years before bringing an action.  Limiting the period 
          to 90 days after becoming aware of the fraud is a fair amount of 
          time for all parties involved. 

          8.  Bill would provide additional venue options for an adult 
            adoption  

          Existing law provides that an adult adoption may be filed in the 

                                                                      




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          county in which either person resides.  This bill would also 
          allow a person who is a resident of this state to petition for 
          an adult adoption to be filed in any of the following: (1) the 
          county where the prospective adoptive parent resides; (2) the 
          county where the proposed adoptee was born or resides at the 
          time the petition is filed; or (3) the county where the office 
          of the public or private agency that placed the proposed adoptee 
          for foster care or adoption as a minor is located.  This bill 
          would also allow a petitioner who is not a resident of this 
          state to file a petition for an adult adoption with the court in 
          any of the above mentioned counties or the county where the 
          non-petitioning party resides.

          According to the sponsor, "adult adoptions are often used to 
          provide permanent families for children who have aged out of 
          foster care.  Unlike adoptions of dependent minors, however, 
          adult adoptions cannot be filed in the county where the child 
          was a dependent, if the former foster child no longer resides in 
          that county.  Expanding the venue options will give greater 
          flexibility and support for foster families and former foster 
          children who wish to make permanent connections, and agencies 
          that are providing support services to them."  Since adult 
          adoptions are merely contractual agreements between the parties, 
          it would appear that there is no harm in providing more venue 
          options for people who wish to enter into this relationship.  An 
          adult adoption can benefit both the young adult and the 
          prospective adoptive parent, but can be cancelled at any time. 

          9. Bill would expedite the process for receiving an adopted 
            child's birth certificate
           
          Existing law authorizes the issuance of a new birth certificate 
          for an adopted child; however, there currently is no time frame 
          in which the birth certificate must be issued.  This bill would 
          require the State Registrar to issue the new birth certificate 
          within 120 days of receipt of the court order granting the 
          adoption.  This bill would also allow adoptive parents to pay a 
          fee of $150 to expedite the request to receive the new birth 
          certificate in 90 days.  In response to staff inquiry regarding 
          the current length of time adoptive parents must wait to receive 
          a new birth certificate, the California Department of Public 
          Health responded that the "current processing time for adoption 
          birth certificates is 5 months.  We are able to expedite under 
          certain circumstances.  Processing the adoptions is a 
          complicated process which involves a thorough review of the 

                                                                      




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          forms and the court order.  It is also time consuming due to the 
          number of current requests that are in our queue that are either 
          being processed or waiting to be processed."

          According to the sponsor, "adoptive families are currently 
          waiting 14-24 months after adoption finalization for their 
          child's new birth certificate.  During that time, they are often 
          denied social security cards, passports, and other vital 
          documents for their child, because they do not have a birth 
          certificate establishing their legal parentage."  It is hoped 
          that by providing a specific time frame, as well as the option 
          to pay an additional fee, adoption birth certificates will be 
          processed more expediently. 

          10.  Technical amendments  

             1.   On page 4, line 3, strike out "any" and insert "one". 

             2.   On page 6, line 27, delete the words "waiver or" before 
               the word "denial." 



           Support  :  None Known

           Opposition  :  None Known



                                        HISTORY
           
           Source  :  Academy of California Adoption Lawyers

           Related Pending Legislation  :  None Known 

           Prior Legislation  :

          AB 2020 (Fletcher, Chapter, Statutes of 2010) among other 
          things, streamlined the process for determining parent-child 
          relationships and made other substantive and technical changes 
          to adoption laws. 

          SB 1726 (Scott, Chapter 534, Statutes of 2008) made several 
          substantive and technical changes to adoption law, including 
          providing that consolidated guardianship and adoption cases 

                                                                      




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          shall be heard and decided by the court in which the adoption is 
          pending. 

          AB 538 (Cardozo, Chapter 353, Statutes of 2011) among other 
          things, authorized licensed clinical social workers and licensed 
          marriage therapists to conduct stepparent adoption 
          investigations.

           Prior Vote  :

          Assembly Floor (Ayes 70, Noes 0)
          Assembly Committee on Appropriations (Ayes 17, Noes 0)
          Assembly Committee on Judiciary (Ayes 9, Noes 0)

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