Bill Text: CA AB1373 | 2019-2020 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Adoption.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2019-08-30 - Chaptered by Secretary of State - Chapter 192, Statutes of 2019. [AB1373 Detail]

Download: California-2019-AB1373-Amended.html

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Amended  IN  Assembly  April 22, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 1373

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Introduced by Assembly Member Patterson

February 22, 2019

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An act to amend Section 8802 of the Family Code, relating to adoption. An act to amend Sections 8617, 9000.5, and 9306 of the Family Code, relating to adoption.

LEGISLATIVE COUNSEL'S DIGEST

AB 1373, as amended, Patterson. Adoption.

Existing law establishes procedures for stepparent adoptions involving a spouse or partner who gave birth to the child during the marriage or domestic partnership. Among other things, existing law exempts those adoptions from the requirements of a home investigation and a hearing, as well as specified costs, unless the court orders otherwise.

This bill would allow a stepparent adoption in which the child was born during the marriage or domestic partnership through a gestational surrogacy process brought about by one or both spouses or partners to use the same procedure as a stepparent adoption in which one of the spouses or partners gave birth to the child during the marriage or domestic partnership.

Under existing law, the existing parents of an adopted child are, from the time of the adoption, relieved of all parental duties toward, and have no right over, the adopted child, unless 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 the waiver provision described above applies to agency adoptions, independent adoptions, and stepparent adoptions, as specified.

Existing law also terminates the parental rights and responsibilities of the birth parent or parents of an adult who is adopted, except that when an adult is adopted by a stepparent, the legal relationship between the adult and the birth parent who is the spouse of the stepparent is not terminated.

This bill would allow an adult who is being adopted to waive the termination of the legal relationship between the adult and an existing parent or parents by signing a waiver before the finalization of the adoption.

Existing law permits certain persons wishing to adopt a child to file an adoption request with the court in an authorized county. Under existing law, persons eligible to file an adoption request include, if a child is alleged to have been abandoned, a legal guardian who has been the child’s legal guardian for more than 6 months.

This bill would additionally allow, if a child is alleged to have been abandoned, an adoption request to be filed by a person who has had physical custody of the child for more than 6 months.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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Bill 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) This section applies to adoptions governed by Chapter 2 (commencing with Section 8700), Chapter 3 (commencing with Section 8800), or Chapter 5 (commencing with Section 9000).

SEC. 2.

 Section 9000.5 of the Family Code is amended to read:

9000.5.

 (a) Stepparent adoptions where one of the spouses or partners gave birth to the child during the marriage or domestic partnership, or where the child was born during the marriage or domestic partnership through a gestational surrogacy process brought about by one or both of the spouses or partners, including a registered domestic partnership or civil union from another jurisdiction, shall follow the procedure provided by this section. Unless otherwise provided in this section, the procedures for stepparent adoptions apply.

(b) The following are not required in stepparent adoptions under this section unless otherwise ordered by the court for good cause:

(1) A home investigation pursuant to Section 9001 or a home study.

(2) Costs incurred pursuant to Section 9002.

(3) A hearing pursuant to Section 9007.

(c) For stepparent adoptions filed under this section, the following shall be filed with the petition for adoption:

(1) A copy of the parties’ marriage certificate, registered domestic partner certificate, or civil union from another jurisdiction.

(2) A copy of the child’s birth certificate.

(3) Declarations by the parent who gave birth birth, or who caused the birth through gestational surrogacy, and the spouse or partner who is adopting explaining the circumstances of the child’s conception in detail sufficient to identify whether there may be other persons with a claim to parentage of the child who is required to be provided notice of, or who must consent to, the adoption.

(d) The court may order a hearing to ascertain whether there are additional persons who must be provided notice of, or who must consent to, the adoption if it appears from the face of the pleadings and the evidence that proper notice or consent have not been provided.

(e) The court shall grant the stepparent adoption under this section upon finding both of the following:

(1) That the parent who gave birth birth, or who caused the birth through gestational surrogacy, and the spouse or partner who is adopting were married or in a domestic partnership, including a registered domestic partnership or civil union from another jurisdiction, at the time of the child’s birth.

(2) Any other person with a claim to parentage of the child who is required to be provided notice of, or who must consent to, the adoption has been noticed or provided consent to the adoption.

SEC. 3.

 Section 9306 of the Family Code is amended to read:

9306.

 (a) Except as provided in subdivision (b), subdivisions (b) and (c), the birth parents of a person adopted pursuant to this part are, from the time of the adoption, relieved of all parental duties towards, and all responsibility for, the adopted person, and have no right over the adopted person.

(b) Where If an adult is adopted by the spouse of a birth parent, the parental rights and responsibilities of that birth parent are not affected by the adoption.

(c) An adult being adopted pursuant to this part may waive the termination of the parental duties and responsibilities of an existing parent or parents under subdivision (a) by signing a waiver at any time prior to the finalization of the adoption. The waiver may be included in the adoption agreement or in a separate writing filed with the court.

SECTION 1.Section 8802 of the Family Code is amended to read:

8802.

(a)(1)Any of the following persons who desire to adopt a child may, for that purpose, file an adoption request in a county authorized by Section 8609.5:

(A)An adult 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.

(B)A person named in the will of a deceased parent as an intended adoptive parent where the child has no other parent.

(C)A person with whom a child has been placed for adoption.

(D)(i)A legal guardian who has been the child’s legal guardian for more than one year.

(ii)If the child is alleged to have been abandoned pursuant to Section 7822, a legal guardian 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 a petition under this section.

(iii)However, if the parent nominated the guardian for a purpose other than adoption 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 not less than three years.

(E)If the child is alleged to have been abandoned pursuant to Section 7822, a person who has had physical custody of the child for more than six months.

(2)If the child has been placed for adoption, a copy of the adoptive placement agreement shall be attached to the petition. The court clerk shall immediately notify the department at Sacramento in writing of the pendency of the proceeding and of any subsequent action taken.

(3)If the petitioner has entered into a postadoption contact agreement with the birth parent as set forth in Section 8616.5, the agreement, signed by the participating parties, shall be attached to and filed with the petition for adoption.

(b)The petition 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 a petition does not affect the jurisdiction of the court to proceed or the validity of an adoption order or other order based on the petition.

(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, and the consolidated case shall be heard and decided in the court in which the adoption is pending.

(e)The order of adoption shall contain the child’s adopted name, but not the name the child had before adoption.