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AB-1352 Father and child relationship: notice to a presumed father.(2017-2018)

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Date Published: 05/01/2017 09:00 PM
AB1352:v98#DOCUMENT

Amended  IN  Assembly  May 01, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1352


Introduced by Assembly Member Friedman

February 17, 2017


An act to amend Section 7635 of the Family Code, relating to parentage.


LEGISLATIVE COUNSEL'S DIGEST


AB 1352, as amended, Friedman. Father and child relationship: notice to a presumed father.
The Uniform Parentage Act defines the parent and child relationship as the legal relationship existing between a child and the child’s parents, including the mother and child relationship and the father and child relationship. The act governs actions to establish the existence or nonexistence of the parent and child relationship and requires notice of an action to be served, among others, on a natural parent, each person presumed to be a parent, and each man alleged to be a natural father.
This bill would authorize in an adoption proceeding an action to establish the existence or nonexistence of the parent and child relationship without notice and an opportunity to be heard given to a presumed father if it is specified factors are established by clear and convincing evidence evidence, including, among others, that the presumed father is not the biological father and the presumed father was so designated because of a reason other than he receives the child into his home and openly holds out the child as his natural child. father, he has never had a relationship with the child, and notice is not in the best interest of the child.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 7635 of the Family Code is amended to read:

7635.
 (a) The child may, if under the age of 12 years, 12 years of age, and shall, if 12 years of age or older, be made a party to the action. If the child is a minor and a party to the action, the child shall be represented by a guardian ad litem appointed by the court. The guardian ad litem need not be represented by counsel if the guardian ad litem is a relative of the child.
(b) (1)Except as provided in paragraph (2), the The natural parent, each person presumed to be a parent under Section 7611, and each man alleged to be the natural father, may be made parties and shall be given notice of the action in the manner prescribed in Section 7666 and an opportunity to be heard. Appointment of a guardian ad litem shall not be required for a minor who is a parent of the child who is the subject of the petition to establish parental relationship, unless the minor parent is unable to understand the nature of the proceedings or to assist counsel in preparing the case.

(2)(A)Notice of the action and an opportunity to be heard shall not be required to be given to a presumed father if all of the following conditions are met:

(i)It is established by clear and convincing evidence that the presumed father is not the biological father.

(ii)The court finds that the presumption was based on a subdivision of Section 7611 other than subdivision (d).

(B)For purposes of this paragraph, a genetic test demonstrating that a male other than the presumed father is the biological father shall constitute clear and convincing evidence that the presumed father is not the biological father.

(c) The court may align the parties.
(d) Notwithstanding subdivision (b), in an adoption proceeding, if it is established by clear and convincing evidence that a man presumed to be the child’s father under subdivision (a) of Section 7611 is not the biological father, and that he has never had a relationship with the child or attempted to have a relationship with the child or support the mother during her pregnancy with the child, and that he is not a presumed father under any other law, and it is not in the best interest of the child, the court has the discretion to conduct an evidentiary hearing to determine whether the presumption has been rebutted pursuant to Section 7612, and thereafter either dispense with notice to the presumed father, or require that notice of the proceedings be given in accordance with Section 7666. Even if the presumption has been rebutted by clear and convincing evidence, the court retains full discretion to dispense with notice or require notice, as the court determines is appropriate for the specific facts of the case.

(d)

(e) In any initial or subsequent proceeding under this chapter where custody of, or visitation with, a minor child is in issue, the court may, if it determines it would be in the best interest of the minor child, appoint private counsel to represent the interests of the minor child pursuant to Chapter 10 (commencing with Section 3150) of Part 2 of Division 8.