Bill Text: CA AB1105 | 2017-2018 | Regular Session | Introduced
Bill Title: Adoption: appeal of final determination.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2018-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1105 Detail]
Download: California-2017-AB1105-Introduced.html
CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
| Assembly Bill | No. 1105 |
| Introduced by Assembly Member Patterson |
February 17, 2017 |
An act to amend Section 8617 of the Family Code, relating to adoption.
LEGISLATIVE COUNSEL'S DIGEST
AB 1105, as introduced, Patterson.
Adoption: appeal of final determination.
Existing law provides that the existing parent or parents of an adopted child are, from the time of adoption, relieved of all parental duties towards, and all responsibility for, the adopted child, and have no right over the child, unless both the existing parent or parents and the prospective adoptive parent or parents sign a waiver before the finalization of the adoption.
This bill would provide that an order that is a final determination of a parent’s rights in an adoption, or the rights of any other person seeking to prevent an adoption, may be appealed in the same manner as an order of the juvenile court declaring a person to be a ward of the juvenile court and is conclusive and binding upon the person. The bill would provide that after making an order that is a final determination, the court has no power to set aside, change, or modify that
order.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 8617 of the Family Code is amended to read:8617.
(a) Except as provided in subdivision (b), the existing parent or parents of an adopted child are, from the time of the adoption, relieved of all parental duties towards, and all responsibility for, the adopted child, and have no right over the child.(b) The termination of the parental duties and responsibilities of the existing parent or parents under subdivision (a) may be waived if both the existing parent or parents and the prospective adoptive parent or parents sign a waiver at any time prior to the finalization of the adoption. The waiver shall be filed with the court.
(c) An order made in a proceeding governed by
this division that is a final determination of a parent’s rights in an adoption, or the rights of any other person seeking to prevent an adoption, may be appealed in the same manner as an order of the juvenile court declaring a person to be a ward of the juvenile court and is conclusive and binding on that person.
(d) After making an order that is a final determination, the court has no power to set aside, change, or modify that order.
(e) Nothing in this section limits the right to appeal from the order and judgment.
