Bill Text: CA AB2495 | 2021-2022 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: The parent and child relationship.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2022-08-22 - Chaptered by Secretary of State - Chapter 159, Statutes of 2022. [AB2495 Detail]
Download: California-2021-AB2495-Amended.html
Bill Title: The parent and child relationship.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2022-08-22 - Chaptered by Secretary of State - Chapter 159, Statutes of 2022. [AB2495 Detail]
Download: California-2021-AB2495-Amended.html
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Amended
IN
Senate
June 16, 2022 |
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Amended
IN
Senate
June 06, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 2495
| Introduced by Assembly Member Patterson |
February 17, 2022 |
An act to amend Sections 7613, 8609.5, 8713, 8714, 8802, 8803, 8910, 8912, 9000, and 9324 of the Family Code, relating to the parent and child relationship.
LEGISLATIVE COUNSEL'S DIGEST
AB 2495, as amended, Patterson.
The parent and child relationship.
(1) The Uniform Parentage Act defines the parent and child relationship as the legal relationship existing between a child and the child’s parents, and provides rebuttable presumptions as to the parentage of a child born under the circumstances of conception through assisted reproduction using donated ova, sperm, or both. The act defines “assisted reproduction” for these purposes to mean conception by any means other than sexual intercourse.
This bill would establish that a provider of an embryo for use in assisted reproduction to an intended parent who is not the provider’s spouse or nonmarital partner is treated in law as if the provider is not the natural parent of a child thereby conceived unless the court finds satisfactory evidence that the provider and the intended parent intended for the provider to be a parent.
If the provider of ova, semen, or embryos is not the original source of the ova or sperm, the bill would require each original provider’s written consent to the donation unless the person has executed a writing to consent, waive, or relinquish their right to the embryo, genetic material, or as otherwise ordered by a court of law.
(2) Existing law authorizes an adoption request for the adoption of a nondependent minor to be filed with the court in the county in which one of specified criteria applies and sets forth those individuals who may file an adoption request. Under existing law, an order of adoption is required to contain the child’s adopted name, but not the name of the child before the adoption.
This bill
would add to the list of persons authorized to file an adoption request a person named in a court order terminating parental rights as the child’s legal guardian or prospective adoptive parent. The bill would require the adoption order to include both the child’s adopted name and the name of the child before the adoption. The bill would replace references to an adoption petition and refer instead to an adoption request.
(3) Existing law prohibits any person who has not petitioned to adopt a child from removing the child from the county in which the child was placed without first obtaining the written consent of the licensed adoption agency. Existing law further prohibits the child proposed to be adopted from being concealed within the county in which the adoption proceeding is pending.
This bill would, among other things, prohibit the child proposed to be adopted from being concealed from the agency
that is investigating the adoption or from the court with jurisdiction over the adoption proceeding. By expanding the scope of an existing crime, the bill would impose a state-mandated local program.
(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 7613 of the Family Code is amended to read:7613.
(a) (1) If a woman conceives through assisted reproduction with semen or ova or both donated by a donor who is not the woman’s spouse, with the consent of another intended parent, that intended parent is treated in law as if that intended parent is the natural parent of a child thereby conceived. The other intended parent’s consent shall be in writing and signed by the other intended parent and the woman conceiving through assisted reproduction.(2) Failure to consent in writing, as required by paragraph (1), does not preclude the court from finding that the intended parent consented if the court finds by clear and convincing evidence that, prior to the conception of
the child, the woman and the intended parent had an oral agreement that the woman and the intended parent would both be parents of the child.
(b) (1) The donor of semen provided to a licensed physician and surgeon or to a licensed sperm bank for use in assisted reproduction by a woman other than the donor’s spouse is treated in law as if the donor is not the natural parent of a child thereby conceived, unless otherwise agreed to in a writing signed by the donor and the woman prior to the conception of the child.
(2) If the semen is not provided to a licensed physician and surgeon or a licensed sperm bank as specified in paragraph (1), the donor of semen for use in assisted reproduction by a woman other than the donor’s spouse is treated in law as if the donor is not
the natural parent of a child thereby conceived if either of the following are met:
(A) The donor and the woman agreed in a writing signed prior to conception that the donor would not be a parent.
(B) A court finds by clear and convincing evidence that the child was conceived through assisted reproduction and that, prior to the conception of the child, the woman and the donor had an oral agreement that the donor would not be a parent.
(3) Paragraphs (1) and (2) do not apply to a man who provided semen for use in assisted reproduction by a woman other than the man’s spouse pursuant to a written agreement signed by the man and the woman prior to conception of the child stating that they intended for the man to be a
parent.
(c) A person providing ova for use in assisted reproduction by a person other than the provider’s spouse or nonmarital partner is treated in law as if the provider is not the natural parent of a child thereby conceived unless the court finds satisfactory evidence that the provider of the ova, and each recipient, intended for that provider to have parental rights.
(d) (1) A provider of an embryo for use in assisted reproduction to an intended parent who is not the provider’s spouse or nonmarital partner is treated in law as if the provider is not the natural parent of a child thereby conceived unless the court finds satisfactory evidence that the provider and the intended parent intended for the provider to be a parent.
(2) If the provider of ova, semen, or embryos is not the original source of the ova or sperm, each original provider’s written consent to the donation is required unless that person has executed a writing to consent, waive, or relinquish their right to the embryo, genetic material, or as otherwise ordered by a court of law.
SEC. 2.
Section 8609.5 of the Family Code is amended to read:8609.5.
An adoption request for the adoption or readoption of a nondependent minor may be filed with the court in the county in which one of the following applies:(a) The petitioner resides.
(b) The child was born or resides at the time of filing.
(c) An office of the agency that placed the child or is filing the petition for adoption is located.
(d) An office of the department or a public adoption agency that is investigating the petition is located.
(e) The
county in which a placing birth parent or parents resided when the adoptive placement agreement, consent, or relinquishment was signed.
(f) The county in which a placing birth parent or parents resided when the petition was filed.
(g) The county in which the child was freed for adoption.
SEC. 3.
Section 8713 of the Family Code is amended to read:8713.
(a) In no event may a child who has been freed for adoption be removed from the county in which the child was placed, by any person who has not petitioned to adopt the child, without first obtaining the written consent of the department, county adoption agency, or licensed adoption agency responsible for the child.(b) During the pendency of an adoption proceeding:
(1) The child proposed to be adopted shall not be concealed from the agency that is investigating the adoption or from the court with jurisdiction over the adoption proceeding.
(2) The child shall not be
removed from the county of the petitioner’s residence at the time of placement, unless the petitioners or other interested persons first obtain permission for the removal from the court, after giving advance written notice of intent to obtain the court’s permission to the department, county adoption agency, or licensed adoption agency responsible for the child. Upon proof of giving notice, permission may be granted by the court if, within a period of 15 days after the date of giving notice, no objections are filed with the court by the department, county adoption agency, or licensed adoption agency responsible for the child. If the department, county adoption agency, or licensed adoption agency files objections within the 15-day period, upon the request of the petitioners the court shall immediately set the matter for hearing and give to the objector, the petitioners, and the party or parties
requesting permission for the removal reasonable notice of the hearing by certified mail, return receipt requested, to the address of each as shown in the records of the adoption proceeding. Upon a finding that the objections are without good cause, the court may grant the requested permission for removal of the child, subject to any limitations that appear to be in the child’s best interest.
(c) This section does not apply in any of the following situations:
(1) When the child is absent for a period of not more than 30 days from the county of the petitioner’s residence at the time of placement, unless a notice of recommendation of denial of petition has been personally served on the petitioners or the court has issued an order prohibiting the child’s removal from the county of the petitioner’s
residence at the time of placement, pending consideration of any of the following:
(A) The suitability of the petitioners.
(B) The care provided the child.
(C) The availability of the legally required agency consents to the adoption.
(2) Where the child has been returned to and remains in the custody and control of the child’s birth parent or parents.
(3) Where written consent for the removal of the child is obtained from the department, county adoption agency, or licensed adoption agency responsible for the child.
(d) A violation of this
section is a violation of Section 280 of the Penal Code.
(e) Neither this section nor Section 280 of the Penal Code may be construed to render lawful any act that is unlawful under any other applicable law.
SEC. 4.
Section 8714 of the Family Code is amended to read:8714.
(a) A person desiring to adopt a nondependent child may for that purpose file an adoption request in a county authorized by Section 8609.5. A person desiring to adopt a child who has been adjudged to be a dependent of the juvenile court pursuant to Section 300 of the Welfare and Institutions Code, freed for adoption by the juvenile court, and placed for adoption with the petitioner, may file the adoption request either in the county where the petitioner resides or in the county where the child was freed for adoption.(b) The court clerk shall immediately notify the department at Sacramento in writing of the pendency of the proceeding and of any subsequent action taken.
(c) If the petitioner has entered into a postadoption contact agreement as set forth in Section 8616.5, the agreement, signed by the participating parties, shall be filed with the court in accordance with Section 8616.5.
(d) The caption of the adoption petition shall contain the names of the petitioners, but not the child’s name. The petition shall state the child’s sex and date of birth. The name the child had before adoption shall appear in the joinder signed by the licensed adoption agency.
(e) If the child is the subject of a guardianship petition, the adoption petition shall so state and shall include the caption and docket number or have attached a copy of the letters of the guardianship or temporary
guardianship. The petitioners shall notify the court of any petition for guardianship or temporary guardianship filed after the adoption petition. The guardianship proceeding shall be consolidated with the adoption proceeding.
(f) The order of adoption shall contain the child’s adopted name and the name the child had before adoption.
SEC. 5.
Section 8802 of the Family Code is amended to read:8802.
(a) Any of the following adult persons who desire to adopt a child may, for that purpose, file an adoption request in a county authorized by Section 8609.5:(1) A person who is related to the child or the child’s half sibling by blood or affinity, including all relatives whose status is preceded by the words “step,” “great,” “great-great,” or “grand,” or the spouse of any of these persons, even if the marriage was terminated by death or dissolution.
(2) A person named in the will of a deceased parent as an intended adoptive parent where the child has no other parent.
(3) A person with whom a child has been placed for adoption, in which case a copy of the independent adoption placement agreement shall be attached to the petition.
(4) A person who has been the child’s legal guardian for more than one year. However, if the guardian was nominated by a parent for a purpose other than adoption and for a specified time period, or if the guardianship was established pursuant to Section 360 of the Welfare and Institutions Code, the guardianship shall have been in existence for at least three years, unless parental rights have already been terminated.
(5) If the child is alleged to have been abandoned pursuant to Section 7822, a person who has been the child’s legal guardian for more than six months. The legal guardian may file a petition
pursuant to Section 7822 in the same court and concurrently with the adoption request.
(6) A person named in a court order terminating parental rights as the child’s legal guardian or prospective adoptive parent.
(b) The court clerk shall immediately notify the department in Sacramento in writing of the pendency of the proceeding and of any subsequent action taken.
(c) The adoption request shall contain an allegation that the petitioners will file promptly with the department or delegated county adoption agency information required by the department in the investigation of the proposed adoption. The omission of the allegation from the adoption request does not affect the jurisdiction of the court to proceed
or the validity of an adoption order or other order based on the adoption request.
(d) The caption of the adoption request shall contain the names of the petitioners, but not the child’s name. The body of the adoption request shall state the child’s sex and date of birth and the name the child had before adoption.
(e) If the child is the subject of a guardianship petition, the adoption request shall so state and shall include the caption and docket number or have attached a copy of the letters of the guardianship or temporary guardianship. The petitioners shall notify the court of any petition for guardianship or temporary guardianship filed after the adoption request. The guardianship proceeding shall be consolidated with the adoption proceeding, and the consolidated case shall
be heard and decided in the court in which the adoption is pending.
(f) The order of adoption shall contain the child’s adopted name and the name the child had before adoption.
SEC. 6.
Section 8803 of the Family Code is amended to read:8803.
(a) During the pendency of an adoption proceeding:(1) The child proposed to be adopted shall not be concealed from the agency that is investigating the adoption, or from the court with jurisdiction over the adoption proceeding.
(2) The child shall not be removed from the county of the petitioner’s residence at the time of placement, unless the petitioners or other interested persons first obtain permission for the removal from the court, after giving advance written notice of intent to obtain the court’s permission to the department or delegated county adoption agency responsible for the
investigation of the proposed adoption. Upon proof of giving notice, permission may be granted by the court if, within a period of 15 days after the date of giving notice, no objections are filed with the court by the department or delegated county adoption agency. If the department or delegated county adoption agency files objections within the 15-day period, upon the request of the petitioners the court shall immediately set the matter for hearing and give to the objector, the petitioners, and the party or parties requesting permission for the removal reasonable notice of the hearing by certified mail, return receipt requested, to the address of each as shown in the records of the adoption proceeding. Upon a finding that the objections are without good cause, the court may grant the requested permission for removal of the child, subject to any limitations that appear to be in the child’s best
interest.
(b) This section does not apply in any of the following situations:
(1) When the child is absent for a period of not more than 30 days from the county of the petitioner’s residence at the time of placement, unless a notice of recommendation of denial of petition has been personally served on the petitioners or the court has issued an order prohibiting the child’s removal from the county of the petitioner’s residence at the time of placement, pending consideration of any of the following:
(A) The suitability of the petitioners.
(B) The care provided the child.
(C) The availability of the
legally required consents to the adoption.
(2) Where the child has been returned to and remains in the custody and control of the child’s birth parent or parents.
(c) A violation of this section is a violation of Section 280 of the Penal Code.
(d) Neither this section nor Section 280 of the Penal Code may be construed to render lawful any act that is unlawful under any other applicable law.
SEC. 7.
Section 8910 of the Family Code is amended to read:8910.
(a) In no event may a child who has been placed for adoption be removed from the county in which the child was placed, by any person who has not petitioned to adopt the child, without first obtaining the written consent of the licensed adoption agency responsible for the child.(b) During the pendency of an adoption proceeding:
(1) The child proposed to be adopted shall not be concealed from the agency that is investigating the adoption or from the court with jurisdiction over the adoption proceeding.
(2) The child shall
not be removed from the county of the petitioner’s residence at the time of placement, unless the petitioners or other interested persons first obtain permission for the removal from the court, after giving advance written notice of intent to obtain the court’s permission to the licensed adoption agency responsible for the child. Upon proof of giving notice, permission may be granted by the court if, within a period of 15 days after the date of giving notice, no objections are filed with the court by the licensed adoption agency responsible for the child. If the licensed adoption agency files objections within the 15-day period, upon the request of the petitioners the court shall immediately set the matter for hearing and give to the objector, the petitioners, and the party or parties requesting permission for the removal reasonable notice of the hearing by certified mail, return receipt requested, to the
address of each as shown in the records of the adoption proceeding. Upon a finding that the objections are without good cause, the court may grant the requested permission for removal of the child, subject to any limitations that appear to be in the child’s best interest.
(c) This section does not apply in any of the following situations:
(1) When the child is absent for a period of not more than 30 days from the county of the petitioner’s residence at the time of placement, unless a notice of recommendation of denial of petition has been personally served on the petitioners or the court has issued an order prohibiting the removal of the child from the county of the petitioner’s residence at the time of placement, pending consideration of any of the following:
(A) The suitability of the petitioners.
(B) The care provided the child.
(C) The availability of the legally required agency consents to the adoption.
(2) Where the child has been returned to and remains in the custody and control of the child’s birth parent or parents.
(3) Where written consent for the removal of the child is obtained from the licensed adoption agency responsible for the child.
(d) A violation of this section is a violation of Section 280 of the Penal Code.
(e) Neither this section nor Section 280 of the Penal Code may be construed to render lawful any act that is unlawful under any other applicable law.
SEC. 8.
Section 8912 of the Family Code is amended to read:8912.
(a) An international adoption or readoption request may be filed by a resident of this state in a county authorized by Section 8609.5. The court clerk shall immediately notify the department at Sacramento in writing of the pendency of the proceeding and of any subsequent action taken.(b) The caption of the adoption request shall contain the names of the petitioners, but not the child’s name. The request shall state the child’s sex, date of birth, and the name the child had before adoption.
(c) If the child is the subject of a guardianship petition, the adoption request shall so state and shall include the caption and
docket number or have attached a copy of the letters of the guardianship or temporary guardianship. The petitioners shall notify the court of any petition for guardianship or temporary guardianship filed after the adoption petition. The guardianship proceeding shall be consolidated with the adoption proceeding.
(d) The order of adoption shall contain the child’s adopted name and the name the child had before adoption.
(e) If the petitioner has entered into a postadoption contact agreement as set forth in Section 8616.5, the agreement, signed by the participating parties, shall be filed with the court in accordance with that section.
SEC. 9.
Section 9000 of the Family Code is amended to read:9000.
(a) A stepparent desiring to adopt a child of the stepparent’s spouse may for that purpose file a petition in any county authorized by Section 8609.5.(b) A domestic partner, as defined in Section 297, desiring to adopt a child of the other domestic partner may, for that purpose, file a petition in any county authorized pursuant to Section 8609.5.
(c) The caption of the adoption petition shall contain the names of the petitioners, but not the child’s name. The petition shall state the child’s sex and date of birth and the name the child had before adoption.
(d) If the child is the subject of a guardianship petition, the adoption petition shall so state and shall include the caption and docket number or have attached a copy of the letters of the guardianship or temporary guardianship. The petitioners shall notify the court of any petition for guardianship or temporary guardianship filed after the adoption petition. The guardianship proceeding shall be consolidated with the adoption proceeding.
(e) The order of adoption shall contain the child’s adopted name and the name the child had before adoption.
(f) If the petitioner has entered into a postadoption contact agreement pursuant to Section 8616.5, the agreement shall be filed with the court in accordance with that section.
(g) For the purposes of this chapter, stepparent adoption includes adoption by a domestic partner, as defined in Section 297.
