BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1476|
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THIRD READING
Bill No: SB 1476
Author: Leno (D)
Amended: 5/25/12
Vote: 21
SENATE JUDICIARY COMMITTEE : 3-2, 5/8/12
AYES: Evans, Corbett, Leno
NOES: Harman, Blakeslee
SENATE APPROPRIATIONS COMMITTEE : 5-2, 5/24/12
AYES: Kehoe, Alquist, Lieu, Price, Steinberg
NOES: Walters, Dutton
SUBJECT : Family law: parentage
SOURCE : National Center for Lesbian Rights
University of San Diego Childrens Advocacy
Institute
DIGEST : This bill (1) authorizes a court to find that a
child has two presumed parents if the court finds that it
is in the best interests of the child based on the nature,
duration, and quality of the presumed or claimed parents'
relationships with the child and the benefit or detriment
to the child in continuing those relationships, (2)
provides that a child may have a parent-child relationship,
as defined by the Uniform Parentage Act, with more than two
parents, (3) requires, in the case of a child with more
than two legal parents, the court to allocate custody and
visitation among the parents based on the best interest of
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the child, including stability for the child, and (4)
requires, in the case of a child with more than two legal
parents, the court to divide child support obligations
among the parents based on the statewide uniform
guidelines, adjusted to permit recognition of more than two
parents.
ANALYSIS : Existing law establishes the Uniform Parentage
Act. (Family Code Section 7600 et seq.)
Existing law defines a parent and child relationship as the
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.
Code Sec. 7601.)
This bill provides that nothing in the above mentioned
section shall be construed to preclude a finding that a
child has a parent and child relationship with more than
two parents.
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. Code Sec. 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. Code Sec. 7610.)
Existing law provides that a man is presumed to be the
natural father if:
1.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;
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2.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 ;
3.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;
4.He receives the child into his home and openly holds the
child out as his natural child; or
5.He signs a voluntary declaration of paternity. (Fam. Code
Sec. 7611.)
Existing law provides that where two or more presumptions
of paternity conflict under existing law, the presumption
which on the facts is founded on the weightier
considerations of policy and logic controls. (Fam. Code
Sec. 7612(b).)
Existing law provides that a presumption of parentage found
under Family Code Section 7611 is rebutted by a judgment
establishing paternity of the child by another man. (Fam.
Code Sec. 7612(c).)
This bill provides, that unless a court finds otherwise, a
presumption under Family Code Section 7611 is rebutted by a
judgment establishing paternity of the child by another
man.
This bill provides that where two or more claims or
presumptions of parentage have been established, a court
may find that a child has more than two parents if it is
required to serve the best interests of the child. This
bill would require the court to consider, in determining
the best interest of the child, the nature, duration, and
quality of the presumed or claimed parents' relationships
with the child, and the benefit or detriment to the child
of continuing those relationships.
Existing law outlines factors the court shall consider in
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determining the best interest of the child, including:
1.The health, safety, and welfare of the child;
2.Any history of abuse by one parent or any other person
seeking custody against another child, the other parent,
a spouse or significant other (corroborated by evidence
as specified);
3.The nature and amount of contact the child has with both
parents;
4.The habitual or continual illegal use of controlled
substances or habitual or continual abuse of alcohol by
either parent (corroborated by evidence as specified);
and
5.Any other factors the court finds relevant.
Existing law provides that custody of a child should be
granted in the following order of preference: to parents
jointly; to either parent taking into consideration which
parent is more likely to allow the child frequent and
continuing contact with the noncustodial parent; to the
person in whose home the child has been living in a
wholesome and stable environment. Existing law provides
that the court and the family use the widest discretion to
choose a parenting plan that is in the best interest of the
child. (Fam. Code Sec. 1476.)
This bill provides that in cases where a child has more
than two legal parents, the court shall allocate custody
and visitation among the parents based on the best interest
of the child, including, but not limited to stability for
the child. This bill would provide that this may mean that
not all parents share legal or physical custody of the
child.
Existing law provides a statewide uniform guideline with
respect to child support, which include a parent's
obligation and responsibility to support his or her child,
the presumption that a parent with primary custody
contributes a significant amount of financial resources to
the children, and that because children should share in the
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standard of living of both parents, child support may
therefore improve the standard of living of the custodial
household. (Fam. Code Sec. 4053.)
Existing law provides that the Judicial Council shall
periodically review the statewide uniform guideline to
recommend to the legislature appropriate revisions. In
developing its recommendations, the Judicial Council shall
seek public comment and be guided by the legislative intent
that children share in the standard of living of both of
their parents. (Fam. Code Sec. 4054.)
Existing law provides a formula for calculating child
support, and provides a rebuttable presumption that the
formula results in a correct amount. This presumption can
be rebutted by, among other factors, the fact that
application of the formula would be unjust or inappropriate
due to special circumstances. (Fam. Code Secs. 4055,
4057.)
This bill provides, that in any case in which a child has
more than two legal parents, the court shall not apply the
statewide uniform guideline. Instead, the court shall
divide the child support obligations among the parents
based on income and the amount of time spent with the child
by each parent, according to the principles set forth in
existing law, adjusted to permit recognition of two
parents.
This bill specifies that nothing in the bill will be
construed to require reprogramming of the California Child
Support Automation System, a change to the statewide
uniform guideline for determining child support, or a
revision by the Department of Child Support Services of its
regulations, policies, procedures, forms, or training
materials.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
According to the Senate Appropriations Committee:
Potential future cost pressure of approximately $6.4
million (General Fund) to the Department of Child Support
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Services to the extent the Department could be required
to re-program the child support guideline calculator and
Child Support Enforcement automation system to reflect an
adjusted statewide uniform guideline in the future due to
the provisions of this bill.
Near-term costs to the courts likely less than $25,000
(General Fund) per year to determine child support
obligations by deviating from the statewide uniform
guideline and adjusting the child support payment formula
as specified, to the extent allowable under the
provisions of this bill.
Potential cost pressure on the Judicial Council to review
the statewide uniform guideline and recommend potential
revisions to the Legislature in advance of the four-year
interval specified under existing law.
SUPPORT : (Verified 5/25/12)
National Center for Lesbian Rights (co-source)
University of San Diego Children's Advocacy Institute
(co-source)
California Alliance of Child and Family Services
Children's Advocacy Institute at the University of San
Diego Law School
Legal Services for Children
National Association of Counsel for Children
National Association of Social Workers
Our Family Coalition
Public Counsel, Children's Right Project
OPPOSITION : (Verified 5/25/12)
Association of Certified Family Law Specialists
Association of Family Conciliation Courts
ARGUMENTS IN SUPPORT : In support of this bill, the
author writes:
Families are formed in many different ways that were
not considered when the parentage laws were written.
Meanwhile, courts see these situations on a daily
basis and need more tools to protect the best
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interests of children. ?
SB 1476 protects children by allowing judges, based on
the evidence, to recognize the bonds between children
and their parents. Recognition of legal parenthood
also gives the child the right to support from all her
parents, as well as access to health insurance,
benefits, and inheritance rights. Recognizing these
families can also reduce the state's financial
responsibility for the child because all parents have
the obligation to support the child. In dependency
actions, if a child has more than two parents, legal
acknowledgement of more than two of those parents may
keep the child out of foster care by giving the court
more options for placement.
ARGUMENTS IN OPPOSITION : The opposition to this bill is
concerned that unintended consequences of this bill will be
overly burdensome on the courts. The Association of
Certified Family Law Specialists argues that "parentage can
be litigated in all sorts of proceedings and legal
parentage may include different rights in other areas of
federal and state law, including citizenship, tax
deductions, social security, educational proceedings,
probate, wrongful death, and so on. A statute expanding
legal parenthood has to thoughtfully consider the
implications in these myriad of other contexts." On a
similar note, regarding the issue of child support, the
Association of Family Conciliation Courts argues that,
"�t]he current statewide guideline is not set up to handle
child support between more than two parents. The courts
have no money and there is no one to pay for totally
overhauling the existing formula, software, etc. to make
such a law effective."
The Association of Family Conciliation Courts has expressed
concern that "this bill does not provide for any limitation
of these potential parents. A child's time can barely be
handled effectively between two conflicted parents, and
often the children are caught in the middle. If three or
four different people with "parental" claims have differing
perspectives regarding the child we will have created an
untenable situation for the child and an even greater
degree of conflict."
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RJG:nl 5/25/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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