Bill Text: CA AB1403 | 2013-2014 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Family law.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2013-10-03 - Chaptered by Secretary of State - Chapter 510, Statutes of 2013. [AB1403 Detail]
Download: California-2013-AB1403-Introduced.html
Bill Title: Family law.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2013-10-03 - Chaptered by Secretary of State - Chapter 510, Statutes of 2013. [AB1403 Detail]
Download: California-2013-AB1403-Introduced.html
BILL NUMBER: AB 1403 INTRODUCED
BILL TEXT
INTRODUCED BY Committee on Judiciary (Wieckowski (Chair), Alejo,
Chau, Dickinson, Garcia, Muratsuchi, and Stone)
MARCH 12, 2013
An act to amend Sections 7601, 7610, 7611, 7612, 7613, 7614, 7620,
7630, 7632, 7635, 7637, 7641, 7644,7648.9, 7660, 7661, 7662, 7663,
7664, 7665, 7666, 7667, and 7669 of the Family Code, and to add
Section 69617 to the Government Code, relating to family law.
LEGISLATIVE COUNSEL'S DIGEST
AB 1403, as introduced, Committee on Judiciary. Family law.
(1) 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, and governs proceedings to
establish that relationship.
The bill would define "natural parent" as a nonadoptive parent, as
specified, whether biologically related to the child or not. The
bill would also make certain provisions gender neutral and refer
instead to a "presumed parent" or "parent." The bill would make other
conforming changes.
(2) Existing law specifies the number of judges of the superior
court for each county, and allocates additional judgeships to the
various counties in accordance with uniform standards for factually
determining additional need in each county, as approved by the
Judicial Council, and other specified criteria. Existing law provides
for the conversion of 146 subordinate judicial officer positions in
eligible superior courts upon the occurrence of specified conditions,
including that the proposed action is ratified by the Legislature,
except that no more than 16 positions may be converted to judgeships
in any fiscal year. Notwithstanding this provision, up to 10
additional subordinate judicial officer positions may be converted to
judgeships in any fiscal year, if the conversions will result in a
judge being assigned to a family law or juvenile law assignment
previously presided over by a subordinate judicial officer and the
proposed action is ratified by the Legislature. Existing law ratifies
the authority of the Judicial Council to convert 10 of those
subordinate judicial officer positions to judgeships in the 2011-12
fiscal year.
This bill would ratify the authority of the Judicial Council to
convert 10 subordinate judicial officer positions to judgeships in
the 2013-14 fiscal year where the conversion will result in a judge
being assigned to a family law or juvenile law assignment previously
presided over by a subordinate judicial officer.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7601 of the Family Code is amended to read:
7601. (a) "Natural parent" as used in this code means a
nonadoptive parent established under this part, whether biologically
related to the child or not.
(b) "Parent and child relationship" as used
in this part means 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.
SEC. 2. Section 7610 of the Family Code is amended to read:
7610. The parent and child relationship may be established as
follows:
(a) Between a child and the natural mother
parent , it may be established by proof of her
having given birth to the child, or under this part.
(b) Between a child and the natural father, it may be established
under this part.
(c)
(b) Between a child and an adoptive parent, it may be
established by proof of adoption.
SEC. 3. Section 7611 of the Family Code is amended to read:
7611. A man person is presumed to
be the natural father parent of a child
if he the person meets the conditions
provided in Chapter 1 (commencing with Section 7540) or Chapter 3
(commencing with Section 7570) of Part 2 or in any of the following
subdivisions:
(a) He The presumed parent
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 by death, annulment, declaration of
invalidity, or divorce, or after a judgment of separation is entered
by a court.
(b) Before the child's birth, he the
presumed parent and the child's natural mother have attempted
to marry each other by a marriage solemnized in apparent compliance
with law, although the attempted marriage is or could be declared
invalid, and either of the following is true:
(1) If the attempted marriage could be declared invalid only by a
court, the child is born during the attempted marriage, or within 300
days after its termination by death, annulment, declaration of
invalidity, or divorce.
(2) If the attempted marriage is invalid without a court order,
the child is born within 300 days after the termination of
cohabitation.
(c) After the child's birth, he the
presumed parent and the child's natural mother have married, or
attempted to marry, each other by a marriage solemnized in apparent
compliance with law, although the attempted marriage is or could be
declared invalid, and either of the following is true:
(1) With his or her consent, he
the presumed parent is named as the child's father
parent on the child's birth certificate.
(2) He The presumed parent
is obligated to support the child under a written voluntary
promise or by court order.
(d) He The presumed parent
receives the child into his or her home and openly
holds out the child as his or her natural child.
(e) If the child was born and resides in a nation with which the
United States engages in an Orderly Departure Program or successor
program, he acknowledges that he is the child's father in a
declaration under penalty of perjury, as specified in Section 2015.5
of the Code of Civil Procedure. This subdivision shall remain in
effect only until January 1, 1997, and on that date shall become
inoperative.
(f) The child is in utero after the death of the decedent and the
conditions set forth in Section 249.5 of the Probate Code are
satisfied.
SEC. 4. Section 7612 of the Family Code is amended to read:
7612. (a) Except as provided in Chapter 1 (commencing with
Section 7540) and Chapter 3 (commencing with Section 7570) of Part 2
or in Section 20102, a presumption under Section 7611 is a rebuttable
presumption affecting the burden of proof and may be rebutted in an
appropriate action only by clear and convincing evidence.
(b) If two or more presumptions arise under Section 7610 or 7611
that conflict with each other, or if a presumption under Section 7611
conflicts with a claim pursuant to Section 7610, the presumption
which on the facts is founded on the weightier considerations of
policy and logic controls.
(c) The presumption under Section 7611 is rebutted by a judgment
establishing paternity parentage of the
child by another man person .
(d) Within two years of the execution of a voluntary declaration
of paternity, a person who is presumed to be a parent under Section
7611 may file a petition pursuant to Section 7630 to set aside a
voluntary declaration of paternity. The court's ruling on the
petition to set aside the voluntary declaration of paternity shall be
made taking into account the validity of the voluntary declaration
of paternity, and the best interests of the child based upon the
court's consideration of the factors set forth in subdivision (b) of
Section 7575, as well as the best interests of the child based upon
the nature, duration, and quality of the petitioning party's
relationship with the child and the benefit or detriment to the child
of continuing that relationship. In the event of any conflict
between the presumption under Section 7611 and the voluntary
declaration of paternity, the weightier considerations of policy and
logic shall control.
(e) A voluntary declaration of paternity is invalid if, at the
time the declaration was signed, any of the following conditions
exist:
(1) The child already had a presumed parent under Section 7540.
(2) The child already had a presumed parent under subdivision (a),
(b), or (c) of Section 7611.
(3) The man signing the declaration is a sperm donor, consistent
with subdivision (b) of Section 7613.
SEC. 5. Section 7613 of the Family Code is amended to read:
7613. (a) If, under the supervision of a licensed physician and
surgeon and with the consent of her husband
spouse , a wife is inseminated artificially
woman conceives through assisted reproduction with semen
donated by a man not her husband, the husband
spouse is treated in law as if he or she were the
natural father parent of a child
thereby conceived. The husband's spouse's
consent must shall be in writing
and signed by him and his wife both spouses
. The physician and surgeon shall certify their signatures and
the date of the insemination assisted
reproduction procedure , and retain the husband's
spouse's consent as part of the medical record,
where it shall be kept confidential and in a sealed file. However,
the physician and surgeon's failure to do so does not affect the
father parent and child relationship.
All papers and records pertaining to the insemination
assisted reproduction procedure , whether part
of the permanent record of a court or of a file held by the
supervising physician and surgeon or elsewhere, are subject to
inspection only upon an order of the court for good cause shown.
(b) The donor of semen provided to a licensed physician and
surgeon or to a licensed sperm bank for use in artificial
insemination or in vitro fertilization assisted
reproduction of a woman other than the donor's wife
spouse is treated in law as if he were not the
natural father 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.
SEC. 6. Section 7614 of the Family Code is amended to read:
7614. (a) A promise in writing to furnish support for a child,
growing out of a presumed parent or alleged father and
child relationship, does not require consideration and, subject to
Section 7632, is enforceable according to its terms.
(b) In the best interest of the child or the mother
other parent , the court may, and upon the
promisor's request shall, order the promise to be kept in confidence
and designate a person or agency to receive and disburse on behalf of
the child all amounts paid in performance of the promise.
SEC. 7. Section 7620 of the Family Code is amended to read:
7620. (a) A person who has sexual intercourse or causes
conception with the intent to become a legal parent by assisted
reproduction in this state thereby submits to the jurisdiction of the
courts of this state as to an action brought under this part with
respect to a child who may have been conceived by that act of
intercourse or assisted reproduction.
(b) An action under this part shall be brought in one of the
following:
(1) The county in which the child resides or is found.
(2) If the child is the subject of a pending or proposed adoption,
any county in which a licensed California adoption agency to which
the child has been relinquished or is proposed to be relinquished
maintains an office.
(3) If the child is the subject of a pending or proposed adoption,
the county in which an office of the department or a public adoption
agency investigating the petition is located.
(4) If the father parent is
deceased, the county in which proceedings for probate of the estate
of the father parent of the child have
been or could be commenced.
SEC. 8. Section 7630 of the Family Code is amended to read:
7630. (a) A child, the child's natural mother
parent , a man person
presumed to be the child's father parent
under subdivision (a), (b), or (c) of Section 7611, an adoption
agency to whom the child has been relinquished, or a prospective
adoptive parent of the child may bring an action as follows:
(1) At any time for the purpose of declaring the existence of the
father parent and child relationship
presumed under subdivision (a), (b), or (c) of Section 7611.
(2) For the purpose of declaring the nonexistence of the
father parent and child relationship presumed
under subdivision (a), (b), or (c) of Section 7611 only if the action
is brought within a reasonable time after obtaining knowledge of
relevant facts. After the presumption has been rebutted,
paternity par entage of the child by
another man person may be determined in
the same action, if he that person has
been made a party.
(b) Any Notwithstanding Sections 7540 and
7613, any interested party may bring an action at any
time for the purpose of determining the existence or nonexistence of
the father parent and child
relationship presumed under subdivision (d) or (f) of Section 7611.
(c) Except as to cases coming within Chapter 1 (commencing with
Section 7540) of Part 2, an action to determine the existence of the
father parent and child relationship
may be brought by the child or personal representative of the child,
the Department of Child Support Services, the mother
parent or the personal representative or a
parent of the mother that parent if
the mother that parent has died or is a
minor, a man alleged or alleging himself to be the father, or the
personal representative or a parent of the alleged father if the
alleged father has died or is a minor.
(d) (1) If a proceeding has been filed under Chapter 2 (commencing
with Section 7820) of Part 4, an action under subdivision (a) or (b)
shall be consolidated with that proceeding. The parental rights of
the presumed father parent shall be
determined as set forth in Sections 7820 to 7829, inclusive.
(2) If a proceeding pursuant to Section 7662 has been filed under
Chapter 5 (commencing with Section 7660), an action under subdivision
(c) shall be consolidated with that proceeding. The parental rights
of the alleged natural father shall be determined as set forth in
Section 7664.
(3) The consolidated action under paragraph (1) or (2) shall be
heard in the court in which the proceeding under Section 7662 or
Chapter 2 (commencing with Section 7820) of Part 4 is filed, unless
the court finds, by clear and convincing evidence, that transferring
the action to the other court poses a substantial hardship to the
petitioner. Mere inconvenience does not constitute a sufficient basis
for a finding of substantial hardship. If the court determines there
is a substantial hardship, the consolidated action shall be heard in
the court in which the paternity parentage
action is filed.
(e) (1) If any prospective adoptive parent who has physical
custody of the child, or any licensed California adoption agency that
has legal custody of the child, has not been joined as a party to an
action to determine the existence of a father
parent and child relationship under subdivision (a), (b),
or (c), or an action for custody by the alleged natural father, the
court shall join the prospective adoptive parent or licensed
California adoption agency as a party upon application or on its own
motion, without the necessity of a motion for joinder. A joined party
shall not be required to pay a fee in connection with this action.
(2) If a man person brings an action
to determine paternity parentage and
custody of a child who he or she has reason to believe is
in the physical or legal custody of an adoption agency, or of one or
more persons other than the child's mother
parent who are prospective adoptive parents, he or she
shall serve his or her entire pleading on, and give
notice of all proceedings to, the adoption agency or the prospective
adoptive parents, or both.
(f) A party to an assisted reproduction agreement may bring an
action at any time to establish a parent and child relationship
consistent with the intent expressed in that assisted reproduction
agreement.
(g) (1) In an action to determine the existence of the
father parent and child relationship brought
pursuant to subdivision (b), if the child's other parent has died and
there are no existing court orders or pending court actions
involving custody or guardianship of the child, then the persons
having physical custody of the child shall be served with notice of
the proceeding at least 15 days prior to the hearing, either by mail
or in any manner authorized by the court. If any person identified as
having physical custody of the child cannot be located, the court
shall prescribe the manner of giving notice.
(2) If known to the person bringing the parentage action,
relatives within the second degree of the child shall be given notice
of the proceeding at least 15 days prior to the hearing, either by
mail or in any manner authorized by the court. If a person identified
as a relative of the second degree of the child cannot be located,
or his or her whereabouts are unknown or cannot be ascertained, the
court shall prescribe the manner of giving notice, or shall dispense
with giving notice to that person.
(3) Proof of notice pursuant to this subdivision shall be filed
with the court before the proceeding to determine the existence of
the father parent and child
relationship is heard.
SEC. 9. Section 7632 of the Family Code is amended to read:
7632. Regardless of its terms, an agreement between an alleged
father or a presumed father
parent and the mother other parent
or child does not bar an action under this chapter.
SEC. 10. Section 7635 of the Family Code is amended to read:
7635. (a) The child may, if under the age of 12 years, 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) The natural mother parent , each
man person presumed to be the
father 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.
(c) The court may align the parties.
(d) 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.
SEC. 11. Section 7637 of the Family Code is amended to read:
7637. The judgment or order may contain any other provision
directed against the appropriate party to the proceeding, concerning
the duty of support, the custody and guardianship of the child,
visitation privileges with the child, the furnishing of bond or other
security for the payment of the judgment, or any other matter in the
best interest of the child. The judgment or order may direct the
father parent to pay the reasonable
expenses of the mother's pregnancy and confinement.
SEC. 12. Section 7641 of the Family Code is amended to read:
7641. (a) If existence of the father and child
relationship is declared there is a voluntary
declaration of paternity in place , or paternity
parentage or a duty of support has been
acknowledged or adjudicated under this part or under prior law, the
obligation of the father parent may be
enforced in the same or other proceedings by any of the following:
(1) The mother other parent .
(2) The child.
(3) The public authority that has furnished or may furnish the
reasonable expenses of pregnancy, confinement, education, support, or
funeral.
(4) Any other person, including a private agency, to the extent
the person has furnished or is furnishing these expenses.
(b) The court may order support payments to be made to any of the
following:
(1) The mother other parent .
(2) The clerk of the court.
(3) A person, corporation, or agency designated to administer the
payments for the benefit of the child under the supervision of the
court.
(c) Willful failure to obey the judgment or order of the court is
a civil contempt of the court. All remedies for the enforcement of
judgments, including imprisonment for contempt, apply.
SEC. 13. Section 7644 of the Family Code is amended to read:
7644. (a) Notwithstanding any other law, an action for child
custody and support and for other relief as provided in Section 7637
may be filed based upon a voluntary declaration of paternity as
provided in Chapter 3 (commencing with Section 7570) of Part 2.
(b) Except as provided in Section 7576, the voluntary declaration
of paternity shall be given the same force and effect as a judgment
of paternity parentage entered by a
court of competent jurisdiction. The court shall make appropriate
orders as specified in Section 7637 based upon the voluntary
declaration of paternity unless evidence is presented that the
voluntary declaration of paternity has been rescinded by the parties
or set aside as provided in Section 7575 of the Family Code.
(c) The Judicial Council shall develop the forms and procedures
necessary to implement this section.
SEC. 14. Section 7648.9 of the Family Code is amended to read:
7648.9. This article does not establish a basis for setting aside
or vacating a judgment establishing paternity with regard to a child
conceived by artificial insemination
assisted reproduction pursuant to Section 7613 or a child
conceived pursuant to a surrogacy agreement.
SEC. 15. Section 7660 of the Family Code is amended to read:
7660. If a mother relinquishes for or consents to, or proposes to
relinquish for or consent to, the adoption of a child who has a
presumed father parent under Section
7611, the father presumed parent shall
be given notice of the adoption proceeding and have the rights
provided under Part 2 (commencing with Section 8600) of Division 13,
unless the father's that parent's
relationship to the child has been previously terminated or
determined by a court not to exist or the father
presumed parent has voluntarily relinquished for or
consented to the adoption of the child.
SEC. 16. Section 7661 of the Family Code is amended to read:
7661. If a father the other parent
relinquishes for or consents to, or proposes to relinquish for or
consent to, the adoption of a child, the mother shall be given notice
of the adoption proceeding and have the rights provided under Part 2
(commencing with Section 8600) of Division 13, unless the mother's
relationship to the child has been previously terminated by a court
or the mother has voluntarily relinquished for or consented to the
adoption of the child.
SEC. 17. Section 7662 of the Family Code is amended to read:
7662. (a) If a mother relinquishes for or consents to, or
proposes to relinquish for or consent to, the adoption of a child, or
if a child otherwise becomes the subject of an adoption proceeding,
the agency or person to whom the child has been or is to be
relinquished, or the mother or the person having physical or legal
custody of the child, or the prospective adoptive parent, shall file
a petition to terminate the parental rights of the alleged
father, unless one of the following occurs:
(1) The alleged father's relationship to the child has
been previously terminated or determined not to exist by a court.
(2) The alleged father has been served as prescribed in
Section 7666 with a written notice alleging that he is or could be
the natural biological father of the
child to be adopted or placed for adoption and has failed to bring an
action for the purpose of declaring the existence of the father and
child relationship pursuant to subdivision (c) of Section 7630 within
30 days of service of the notice or the birth of the child,
whichever is later.
(3) The alleged father has executed a written form developed by
the department to waive notice, to deny his paternity, relinquish the
child for adoption, or consent to the adoption of the child.
(b) The birth alleged father may
validly execute a waiver or denial of paternity before or after the
birth of the child, and once signed, no notice of, relinquishment
for, or consent to adoption of the child shall be required from the
birth alleged father for the adoption
to proceed.
(c) All proceedings affecting a child under Divisions 8
(commencing with Section 3000) to 11 (commencing with Section 6500),
inclusive, and Parts 1 (commencing with Section 7500) to 3
(commencing with Section 7600), inclusive, of this division, other
than an action brought pursuant to this section, shall be stayed
pending final determination of proceedings to terminate the parental
rights of the alleged father pursuant to this section.
(d) Nothing in this section may limit the jurisdiction of the
court pursuant to Part 3 (commencing with Section 6240) and Part 4
(commencing with Section 6300) of Division 10 with respect to
domestic violence orders.
SEC. 18. Section 7663 of the Family Code is amended to read:
7663. (a) In an effort to identify the natural father
all alleged fathers and presumed parents , the
court shall cause inquiry to be made of the mother and any other
appropriate person by one of the following:
(1) The State Department of Social Services.
(2) A licensed county adoption agency.
(3) The licensed adoption agency to which the child is to be
relinquished.
(4) In the case of a stepparent adoption, the licensed clinical
social worker or licensed marriage and family therapist who is
performing the investigation pursuant to Section 9001, if applicable.
In the case of a stepparent adoption in which no licensed clinical
social worker or licensed marriage and family therapist is performing
the investigation pursuant to Section 9001, the board of supervisors
may assign those inquiries to a licensed county adoption agency, the
county department designated by the board of supervisors to
administer the public social services program, or the county
probation department.
(b) The inquiry shall include all of the following:
(1) Whether the mother was married at the time of conception of
the child or at any time thereafter.
(2) Whether the mother was cohabiting with a man at the time of
conception or birth of the child.
(3) Whether the mother has received support payments or promises
of support with respect to the child or in connection with her
pregnancy.
(4) Whether any man person has
formally or informally acknowledged or declared his or her
possible paternity parentage of the
child.
(5) The names and whereabouts, if known, of every man
person presumed or man alleged to be
the father parent of the child, and the
efforts made to give notice of the proposed adoption to each
man person identified.
(c) The agency that completes the inquiry shall file a written
report of the findings with the court.
SEC. 19. Section 7664 of the Family Code is amended to read:
7664. (a) If, after the inquiry, the natural
biological father is identified to the satisfaction of the
court, or if more than one man is identified as a possible
biological father, notice of the proceeding shall be given in
accordance with Section 7666. If any alleged natural
biological father fails to appear or, if
appearing, fails to claim parental rights, his parental rights with
reference to the child shall be terminated.
(b) If the natural biological father
or a man representing himself to be the natural
biological father claims parental rights, the court shall
determine if he is the biological father. The court shall
then determine if it is in the best interest of the child that the
biological father retain his parental rights, or that an
adoption of the child be allowed to proceed. The court, in making
that determination, may consider all relevant evidence, including the
efforts made by the biological father to obtain custody,
the age and prior placement of the child, and the effects of a change
of placement on the child.
(c) If the court finds that it is in the best interest of the
child that the biological father should be allowed to
retain his parental rights, the court shall order that his consent is
necessary for an adoption. If the court finds that the man claiming
parental rights is not the
biological father, or that if he is the
biological father it is in the child's best interest that an
adoption be allowed to proceed, the court shall order that the
consent of that man is not required for an adoption. This finding
terminates all parental rights and responsibilities with respect to
the child.
SEC. 20. Section 7665 of the Family Code is amended to read:
7665. If, after the inquiry, the court is unable to identify the
natural biological father or any
possible natural biological father and
no person has appeared claiming to be the natural
biological father and claiming custodial rights, the court
shall enter an order terminating the unknown natural
biological father's parental rights with
reference to the child.
SEC. 21. Section 7666 of the Family Code is amended to read:
7666. (a) Except as provided in subdivision (b), notice of the
proceeding shall be given to every person identified as the
natural biological father or a possible
natural biological father in accordance with
the Code of Civil Procedure for the service of process in a civil
action in this state at least 10 days before the date of the
proceeding, except that publication or posting of the notice of the
proceeding is not required. Proof of giving the notice shall be filed
with the court before the petition is heard.
(b) Notice to a man identified as or alleged to be the
natural biological father shall not be required,
and the court shall issue an order dispensing with notice to him,
under any of the following circumstances:
(1) The man's relationship to the child has
been previously terminated or determined not to exist by a court.
(2) The alleged or presumed natural father has
executed a written form to waive notice, deny his paternity,
relinquish the child for adoption, or consent to the adoption of the
child.
(3) The whereabouts or identity of the alleged natural
father are unknown or cannot be ascertained.
(4) The alleged father has been served with written notice of his
alleged paternity and the proposed adoption, and he has failed to
bring an action pursuant to subdivision (c) of Section 7630 within 30
days of service of the notice or the birth of the child, whichever
is later.
SEC. 22. Section 7667 of the Family Code is amended to read:
7667. (a) Notwithstanding any other provision of law, an action
to terminate the parental rights of a an
alleged father of a child as specified in this part shall be
set for hearing not more than 45 days after filing of the petition,
except as provided in subdivision (c).
(b) The matter so set shall have precedence over all other civil
matters on the date set for trial, except an action to terminate
parental rights pursuant to Part 4 (commencing with Section 7800).
(c) The court may dispense with a hearing and issue an ex parte
order terminating parental rights if any of the following apply:
(1) The identity or whereabouts of the alleged father
are unknown.
(2) The alleged father has validly executed a waiver of the right
to notice or a denial of paternity.
(3) The alleged father has been served with written notice of his
alleged paternity and the proposed adoption, and he has failed to
bring an action pursuant to subdivision (c) of Section 7630 within 30
days of service of the notice or the birth of the child, whichever
is later.
SEC. 23. Section 7669 of the Family Code is amended to read:
7669. (a) An order requiring or dispensing with a
an alleged father's consent for the adoption of
a child may be appealed from 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 alleged father.
(b) After making the order, the court has no power to set aside,
change, or modify that order.
(c) Nothing in this section limits the right to appeal from the
order and judgment.
SEC. 24. Section 69617 is added to the Government Code, to read:
69617. (a) The Legislature hereby ratifies the authority of the
Judicial Council to convert 10 subordinate judicial officer positions
to judgeships in the 2013-14 fiscal year where the conversion will
result in a judge being assigned to a family law or juvenile law
assignment previously presided over by a subordinate judicial
officer, pursuant to subparagraph (C) of paragraph (1) of subdivision
(c) of Section 69615.
(b) The action described in subdivision (a) shall be in addition
to any action that may be taken pursuant to the authority described
in subparagraph (B) of paragraph (1) of subdivision (c) of Section
69615 to convert up to 16 subordinate judicial officer positions to
judgeships.
