BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 1337|
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CONSENT
Bill No: AB 1337
Author: Alejo (D)
Amended: 5/25/12 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE : 4-0, 6/12/12
AYES: Evans, Harman, Corbett, Leno
NO VOTE RECORDED: Blakeslee
ASSEMBLY FLOOR : 67-0, 1/17/12 (Consent) - See last page
for vote
SUBJECT : Parent and child relationship
SOURCE : Author
DIGEST : This bill requires, in an action to determine
paternity where one parent has died and there are no
existing orders or pending actions involving custody or
guardianship before the court, notice of the proceeding be
given to, as specified, the child's relatives within the
second degree, and to any other person(s) having physical
custody of the child.
ANALYSIS : Existing law provides that there is a
compelling state interest in establishing paternity for all
children, with the attendant financial, medical, and
developmental benefits. (Family Code (FAM) Section 7570)
Existing law defines a parent and child relationship as the
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legal relationship existing between a child and the child's
natural or adoptive parents incident to which the law
confers or imposes rights, privileges, duties and
obligations. The term includes the mother and child
relationship and the father and child relationship. (FAM
Section 7601)
Existing law provides that domestic partners shall have the
same rights, protections, and benefits, and shall be
subject to the same responsibilities, obligations and
duties under law as are granted to and imposed on spouses.
(FAM Section 297.5)
Existing law provides that a parent and child relationship
between the child and the mother may be established by
proof of her having given birth to the child. Existing law
provides that a parent and child relationship between the
child and an adopted parent may be established by proof of
adoption. (FAM Section 7610)
Existing law provides that a child born to married parents
who are cohabiting is presumed to be a child of the
marriage. This presumption becomes conclusive two years
after the child's birth. (FAM Sections 7540 and 7041)
Existing law provides that a man is presumed to be the
natural father if:
he and the child's natural mother are or have been
married to each other and the child is born during the
marriage or within 300 days after the marriage is
terminated;
before the child's birth, he and the child's natural
mother have attempted to marry each other and the child
is born before or within 300 days of the marriage being
declared invalid;
after the child's birth, he and the child's mother
married or attempted to marry and he is named as the
father on the child's birth certificate or he is
obligated to support the child by voluntary promise or
order of the court;
he receives the child into his home and openly holds the
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child out as his natural child; or
he signs a voluntary declaration of paternity. (FAM
Section 7611)
Existing law provides that a civil action to declare the
existence or non-existence of a parent-child relationship
may be brought by, among others, the child, the child's
mother, a man presumed to be the child's father, or
prospective adoptive parents. (FAM Section 7630)
Existing law provides that if one parent is dead, is unable
or refuses to take custody, or has abandoned the child, the
other parent is entitled to custody of the child. (FAM
Section 3010)
This bill provides that in an action to determine the
existence of a parent-child relationship when one parent
has died and there are no existing court orders or pending
actions involving custody or guardianship of the child, the
person seeking to establish paternity must provide notice
to individuals having physical custody of the child and
relatives of the child within the second degree.
This bill provides that if the above individuals cannot be
located, the court would be required to prescribe the
manner of giving notice.
This bill requires that proof of the notice given to those
in custody of the child be filed with the court prior to
the hearing on the motion to determine the existence of the
parent-child relationship.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/13/12)
Association of Certified Family Law Specialists
Judicial Council of California
ARGUMENTS IN SUPPORT : According to the author, "Current
law allows a child, and the child's natural mother or the
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child's presumed father to bring an action to establish
legal parentage, but the procedure to bring that action
generally requires that the other parent be a party to the
action and served with notice. If that parent is dead,
there is no clear procedure to establish parentage. By
providing a new process, this bill should help ensure that
children who have lost one parent can still have a parent
who is legally responsible to care for them and support
them."
ASSEMBLY FLOOR : 67-0, 1/17/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bill
Berryhill, Block, Bonilla, Bradford, Buchanan, Butler,
Charles Calderon, Campos, Carter, Cedillo, Chesbro,
Conway, Cook, Dickinson, Donnelly, Eng, Feuer, Fong,
Fuentes, Beth Gaines, Garrick, Gatto, Gordon, Grove,
Hagman, Halderman, Hall, Hayashi, Roger Hern�ndez, Hill,
Huber, Hueso, Jeffries, Jones, Knight, Logue, Bonnie
Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell,
Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan,
Perea, Portantino, Silva, Skinner, Solorio, Swanson,
Torres, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. P�rez
NO VOTE RECORDED: Beall, Blumenfield, Brownley, Davis,
Fletcher, Furutani, Galgiani, Gorell, Harkey, Huffman,
Lara, V. Manuel P�rez, Smyth
RJG:m 6/14/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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