Bill Text: CA AB2684 | 2017-2018 | Regular Session | Chaptered

California Assembly Bill 2684 (Prior Session Legislation)

Bill Title: Parent and child relationship.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2018-09-28 - Chaptered by Secretary of State - Chapter 876, Statutes of 2018. [AB2684 Detail]

Download: California-2017-AB2684-Chaptered.html

Assembly Bill No. 2684

CHAPTER 876

An act to amend Section 2032.010 of the Code of Civil Procedure, to amend Sections 7541, 7552.5, 7556, 7558, 7604, 7613, 7630, 7635, 7640, 7645, 7646, 7647, 7647.7, 7648, 7649, and 7650 of, to amend the headings of Article 1 (commencing with Section 7630) and Article 1.5 (commencing with Section 7645) of Chapter 4 of Part 3 of Division 12 of, to amend the headings of Chapter 2 (commencing with Section 7550) and Chapter 3 (commencing with Section 7570) of Part 2 of Division 12 of, to amend the heading of Part 2 (commencing with Section 7540) of Division 12 of, to amend, repeal, and add Sections 7570, 7571, 7572, 7573, 7574, 7575, 7576, 7577, 7612, 7644, and 17412 of, to add Sections 7550.5, 7559, 7560, 7562, 7573.5, 7578, 7580, and 7581 to, and to repeal and add Sections 7540, 7550, 7551, 7552, 7554, and 7555 of, the Family Code, and to amend Sections 1635, 1644, 102766, and 102767 of, to amend the heading of Article 4 (commencing with Section 102766) of Chapter 5 of Part 1 of Division 102 of, to amend the heading of Chapter 5 (commencing with Section 102625) of Part 1 of Division 102 of, and to add Sections 1644.1, 1644.2, and 1644.3 to, the Health and Safety Code, relating to parentage.

[ Approved by Governor September 28, 2018. Filed with Secretary of State September 28, 2018. ]

LEGISLATIVE COUNSEL'S DIGEST

AB 2684, Bloom. 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 certain circumstances. The Uniform Act on Blood Tests to Determine Paternity provides the procedures for the use of genetic testing, as defined, to determine paternity.

This bill would delete the name of the Uniform Act on Blood Tests to Determine Paternity and would revise and recast provisions relating to establishing a parent and child relationship to, among other things, refer instead to genetic testing and parentage. The bill would revise the presumptions and procedures for establishing and challenging parentage based on a genetic or nongenetic relationship with a child, including to modify the procedures for genetic testing for parentage. The bill would authorize the court to apply existing standards for awarding attorney’s fees and costs in actions related to marriage and child custody and visitation to awarding fees and costs in actions related to determining a parent and child relationship.

This bill would, beginning on January 1, 2020, modify the procedures and requirements under which a voluntary declaration of parentage may be established and challenged.

(2) Existing law requires the State Department of Public Health to license and regulate tissue banks, which process, store, or distribute human tissue for transplantation into human beings.

This bill would define gamete bank as a tissue bank that collects, processes, stores, or distributes gametes, including a facility that provides reproductive services. The bill would require a gamete bank licensed in this state, for gametes collected on or after January 1, 2020, to collect specified identifying information and medical information, as defined, from a gamete donor, to provide the gamete donor with specified information, and to obtain a declaration from the gamete donor regarding the disclosure or nondisclosure of his or her identity to a child that results from the donation, upon the child turning 18 years of age and requesting the information.

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

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

SECTION 1.

The Legislature finds and declares all of the following:

(a) California has made great strides to ensure that same-sex parents and their children are treated equally under California law, but there are still significant protections denied to same-sex parents, transgender parents, and their children.

(b) The primary purposes of this act are to accomplish all of the following:

(1) Ensure that the parentage provisions of the Family Code treat same-sex parents equally, including the conclusive marital presumption of parentage in Section 7540 of the Family Code, and for parents who conceived children through assisted reproduction, to establish their parentage through a voluntary declaration of parentage.

(2) Update the genetic testing provisions to match current scientific requirements, apply gender neutrality, and codify case law regarding the relevance of genetic testing in cases involving multiple claims of parentage.

(3) Require gamete banks to establish a process for children conceived through donated sperm or eggs to receive nonidentifying medical information at any point in the child’s life, and, if the donor agrees, personal identifying information at the child’s option after 18 years of age.

(c) The provisions of this act should be interpreted to provide equal treatment to same-sex parents, transgender parents, and their children.

(d) It is not the intent of the Legislature to abrogate case law interpreting the laws amended in this act that is consistent with the purposes of this act, unless it is inconsistent with specific statutory language.

SEC. 2.

Section 2032.010 of the Code of Civil Procedure is amended to read:

2032.010.

(a) This chapter does not affect genetic testing under Chapter 2 (commencing with Section 7550) of Part 2 of Division 12 of the Family Code.

(b) This chapter does not require the disclosure of the identity of an expert consulted by an attorney in order to make the certification required in an action for professional negligence under Section 411.35.

SEC. 3.

The heading of Part 2 (commencing with Section 7540) of Division 12 of the Family Code is amended to read:

PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE

SEC. 4.

Section 7540 of the Family Code is repealed.

SEC. 5.

Section 7540 is added to the Family Code, to read:

7540.

(a) Except as provided in Section 7541, the child of spouses who cohabited at the time of conception and birth is conclusively presumed to be a child of the marriage.

(b) The conclusive marital presumption in subdivision (a) does not apply if the court determines that the husband of the woman who gave birth was impotent or sterile at the time of conception and that the child was not conceived through assisted reproduction.

SEC. 6.

Section 7541 of the Family Code is amended to read:

7541.

(a) If the court finds that the spouse who is a presumed parent under Section 7540 is not a genetic parent of the child pursuant to Chapter 2 (commencing with Section 7550), the question of parentage shall be resolved in accordance with all other applicable provisions of this division, including, but not limited to, Section 7612.

(b) An action to challenge the parentage of the spouse who is a presumed parent under Section 7540 shall be filed not later than two years from the child’s date of birth and may only be filed by any of the following:

(1) By either spouse.

(2) By a person who is a presumed parent under Section 7611 or by the child, through or by the child’s guardian ad litem, to establish the parentage of the person who is a presumed parent under Section 7611.

(c) The petition or motion to challenge a presumption under Section 7540 pursuant to this section shall be supported by a declaration under oath submitted by the moving party stating the factual basis for placing the issue of parentage before the court.

(d) Genetic testing may not be used to challenge parentage, in either of the following cases:

(1) A case that reached final judgment of parentage on or before September 30, 1980.

(2) A case challenging the parentage of a spouse who is a parent pursuant to Section 7962 or subdivision (a) of Section 7613, except to resolve a dispute regarding whether the child was conceived through assisted reproduction.

SEC. 7.

The heading of Chapter 2 (commencing with Section 7550) of Part 2 of Division 12 of the Family Code is amended to read:

CHAPTER 2. Genetic Testing to Determine Parentage

SEC. 8.

Section 7550 of the Family Code is repealed.

SEC. 9.

Section 7550 is added to the Family Code, to read:

7550.

This chapter shall govern both of the following:

(a) The genetic testing of a person who either voluntarily submits to genetic testing or is ordered to submit to genetic testing pursuant to an order of a court or local child support agency.

(b) The use of genetic testing in a proceeding to determine parentage.

SEC. 10.

Section 7550.5 is added to the Family Code, to read:

7550.5.

The following definitions shall apply to this chapter:

(a) “Combined relationship index” means the product of all tested relationship indices.

(b) “Ethnic or racial group” means, for the purpose of genetic testing, a recognized group that a person identifies as the person’s ancestry, or part of the ancestry, or that is identified by other information.

(d) “Hypothesized genetic relationship” means an asserted genetic relationship between a person and a child.

(e) “Probability of parentage” means, for the ethnic or racial group to which a person alleged to be a parent belongs, the probability that a hypothesized genetic relationship is supported, compared to the probability that a genetic relationship is supported between the child and a random person of the ethnic or racial group used in the hypothesized genetic relationship, expressed as a percentage incorporating the combined relationship index and a prior probability.

(f) “Relationship index” means a likelihood ratio that compares the probability of a genetic marker given a hypothesized genetic relationship and the probability of the genetic marker given a genetic relationship between the child and a random person of the ethnic or racial group used in the hypothesized genetic relationship.

SEC. 11.

Section 7551 of the Family Code is repealed.

SEC. 12.

Section 7551 is added to the Family Code, to read:

7551.

(a) Except as provided in subdivisions (b) and (c), in a civil action or proceeding in which parentage is a relevant fact, the court may, upon its own initiative or upon suggestion made by or on behalf of any person who is involved, and shall upon motion of any party to the action or proceeding made at a time so as not to delay the proceedings unduly, order the woman who gave birth, the child, and the alleged genetic parent to submit to genetic testing.

(b) (1) Genetic testing shall not be used for any of the following purposes:

(A) To challenge the parentage of a person who is a parent pursuant to subdivision (a) of Section 7613, except to resolve a dispute whether the child was conceived through assisted reproduction.

(B) To challenge the parentage of a person who is a parent pursuant to Section 7962, except to resolve a dispute whether the gestational carrier surrogate is a genetic parent.

(C) To establish the parentage of a person who is a donor pursuant to subdivision (b) or (c) of Section 7613, except to resolve a dispute whether the child was conceived through assisted reproduction.

(2) If the child has a presumed parent pursuant to Section 7540, a motion for genetic testing is governed by Section 7541.

(3) If the child has a parent whose parentage has been previously established in a judgment, a request for genetic testing shall be governed by Section 7647.7.

(4) A court shall not order genetic testing if the genetic testing would be used to establish the parentage of a person who is prohibited under this division from establishing parentage based on evidence of genetic testing.

(d) In any case under this division in which genetic testing is ordered, the following shall apply:

(1) If a party refuses to submit to genetic testing, the court may resolve the question of parentage against that party or enforce its order if the rights of others and the interests of justice so require.

(2) The refusal of a party to submit to genetic testing is admissible in evidence in any proceeding to determine parentage.

(3) If two or more persons are subject to court-ordered genetic testing, the court may order that the testing be completed concurrently or sequentially.

(4) Genetic testing of a woman who gave birth to a child is not a condition precedent to the testing of the child and a person whose genetic parentage of the child is being determined. If the woman is unavailable for genetic testing, the court may order genetic testing of the child and each person whose genetic parentage of the child is at issue.

(5) An order under this division for genetic testing is enforceable by contempt.

SEC. 13.

Section 7552 of the Family Code is repealed.

SEC. 14.

Section 7552 is added to the Family Code, to read:

7552.

(a) Genetic testing shall be of a type reasonably relied on by experts in the field of genetic testing and performed in a testing laboratory accredited by either of the following:

(1) The AABB, formerly known as the American Association of Blood Banks, or a successor organization.

(2) An accrediting body designated by the Secretary of the United States Department of Health and Human Services.

(b) A specimen used in genetic testing may consist of a sample or a combination of samples of blood, buccal cells, bone, hair, or other body tissue or fluid. The specimen used in the testing need not be of the same kind for each person undergoing genetic testing.

(c) Based on the ethnic or racial group of a person undergoing genetic testing, a testing laboratory shall determine the databases from which to select frequencies for use in calculating a relationship index. If a person or a local child support agency objects to the laboratory’s choice, the following rules shall apply:

(1) Not later than 30 days after receipt of the report of the test, the objecting person or local child support agency may request the court to require the laboratory to recalculate the relationship index using an ethnic or racial group different from that used by the laboratory.

(2) The person or local child support agency objecting to the choice of laboratories under this subdivision shall do either of the following:

(A) If the requested frequencies are not available to the laboratory for the ethnic or racial group requested, provide the requested frequencies compiled in a manner recognized by accrediting bodies.

(B) Engage another laboratory to perform the calculations.

(3) The laboratory may use its own statistical estimate if there is a question of which ethnic or racial group is appropriate. The laboratory shall calculate the frequencies using statistics, if available, for any other ethnic or racial group requested.

(d) If, after recalculation of the relationship index pursuant to subdivision (c) using a different ethnic or racial group, genetic testing does not identify a person as a genetic parent of the child, the court may require a person who has been tested to submit to additional genetic testing to identify a genetic parent.

SEC. 15.

Section 7552.5 of the Family Code is amended to read:

7552.5.

(a) A copy of the results of all genetic testing performed under Section 7551 or 7558 shall be served upon all parties, by any method of service authorized under Chapter 5 (commencing with Section 1010) of Title 14 of Part 2 of the Code of Civil Procedure except personal service, no later than 20 days prior to a hearing in which the genetic test results may be admitted into evidence. The genetic test results shall be accompanied by a declaration under penalty of perjury of the custodian of records or other qualified employee of the laboratory that conducted the genetic tests, stating in substance each of the following:

(1) The declarant is the duly authorized custodian of the records or other qualified employee of the laboratory, and has authority to certify the records.

(2) A statement that establishes in detail the chain of custody of all genetic samples collected, including the date on which the genetic sample was collected, the identity of each person from whom a genetic sample was collected, the identity of the person who performed or witnessed the collecting of the genetic samples and packaged them for transmission to the laboratory, the date on which the genetic samples were received by the laboratory, the identity of the person who unpacked the samples and forwarded them to the person who performed the laboratory analysis of the genetic sample, and the identification and qualifications of all persons who performed the laboratory analysis and published the results.

(3) A statement that establishes that the procedures used by the laboratory to conduct the tests for which the test results are attached are used in the laboratory’s ordinary course of business to ensure accuracy and proper identification of genetic samples.

(4) The genetic test results were prepared at or near the time of completion of the genetic tests by personnel of the business qualified to perform genetic tests in the ordinary course of business.

(b) The genetic test results shall be admitted into evidence at the hearing or trial to establish parentage, without the need for foundation testimony of authenticity and accuracy, unless a written objection to the genetic test results is filed with the court and served on all other parties, by a party no later than five days prior to the hearing or trial in which parentage is at issue.

(c) If a written objection is filed with the court and served on all parties within the time specified in subdivision (b), experts appointed by the court shall be called by the court as witnesses to testify to their findings and are subject to cross-examination by the parties.

SEC. 16.

Section 7554 of the Family Code is repealed.

SEC. 17.

Section 7554 is added to the Family Code, to read:

7554.

(a) If the woman who gave birth to the child is the only other person who is a parent or has a claim to parentage of the child under this division, the court shall find the alleged father or genetic parent who is not a donor under Section 7613 to be a parent of the child if he or she meets any of the following:

(1) Is identified pursuant to Section 7555 as a genetic parent of the child and the identification is not successfully challenged.

(2) Admits parentage in a pleading, when making an appearance, or during a hearing, the court accepts the admission, and the court determines that he or she is a genetic parent of the child.

(3) Declines to submit to genetic testing ordered by the court or a local child support agency, in which case, the court may find that the person is a parent of the child even if he or she denies a genetic relationship with the child.

(4) Is in default after service of process and the court determines the person to be a genetic parent of the child.

(5) Is neither identified nor excluded as a genetic parent by genetic testing and, based on other evidence, the court determines the person to be a genetic parent of the child.

(b) If more than one person other than the woman who gave birth asserts a claim under this division to be the child’s parent, parentage shall be determined under provisions of this division.

SEC. 18.

Section 7555 of the Family Code is repealed.

SEC. 19.

Section 7555 is added to the Family Code, to read:

7555.

(a) Subject to a challenge under subdivision (b), a person is identified under this part as a genetic parent of a child if genetic testing complies with this part and the results of the testing disclose both of the following:

(1) The person has at least a 99 percent probability of parentage, using a prior probability of 0.50, as calculated by using the combined relationship index obtained in the testing.

(2) A combined relationship index of at least 100 to 1.

(b) A person identified pursuant to subdivision (a) as a genetic parent of the child may challenge the genetic testing results only by other genetic testing satisfying the requirements of this chapter that either excludes the person as a genetic parent of the child or identifies another person as a possible genetic parent of the child other than the woman who gave birth to the child or the person challenging parentage.

(c) If more than one person, other than the woman who gave birth to the child, is identified by genetic testing as a possible genetic parent of the child, the court shall order each person to submit to further genetic testing to identify a genetic parent.

SEC. 20.

Section 7556 of the Family Code is amended to read:

7556.

This part applies to criminal actions subject to the following limitations and provisions:

(a) An order for genetic testing shall be made only upon application of a party or on the court’s initiative.

(b) The compensation of the experts, other than an expert witness appointed by the court for the court’s needs, shall be paid by the county under order of court. The compensation of an expert witness appointed for the court’s needs shall be paid by the court.

(c) The court may direct a verdict of acquittal if the person is found not to be a genetic parent pursuant to Section 7555, otherwise the case shall be submitted for determination upon all the evidence.

SEC. 21.

Section 7558 of the Family Code is amended to read:

7558.

(a) This section applies only to cases where support enforcement services are being provided by the local child support agency pursuant to Section 17400.

(b) In any civil action or proceeding in which parentage is a relevant fact, and in which the issue of parentage is contested, the local child support agency may issue an administrative order requiring the mother, child, and the alleged father to submit to genetic testing if any of the following conditions exist:

(1) The person alleging parentage has signed a statement under penalty of perjury that sets forth facts that establish a reasonable possibility that the person is the child’s genetic parent.

(2) The person denying parentage has signed a statement under penalty of perjury that sets forth facts that establish a reasonable possibility that the person is not a genetic parent of the child.

(3) The alleged father has filed an answer in the action or proceeding in which parentage is a relevant fact and has requested that genetic tests be performed.

(4) The woman who gave birth to the child and the alleged father agree in writing to submit to genetic tests.

(c) Notwithstanding subdivision (b), the local child support agency may not order a person to submit to genetic tests in any of the following instances:

(1) The person has been found to have good cause for failure to cooperate in the determination of parentage pursuant to Section 11477 of the Welfare and Institutions Code.

(2) A case in which more than one person other than the woman who gave birth asserts a claim under this division to be the child’s parent.

(3) A case involving a child conceived through assisted reproduction.

(d) The local child support agency shall pay the costs of any genetic tests that are ordered under subdivision (b), subject to the county obtaining a court order for reimbursement from the alleged father if parentage is established pursuant to Section 7553.

(e) This section does not prohibit a person who has been ordered by the local child support agency to submit to genetic tests pursuant to this section from filing a notice of motion with the court in the action or proceeding in which parentage is a relevant fact seeking relief from the local child support agency’s order to submit to genetic tests. In that event, the court shall resolve the issue of whether genetic tests should be ordered as provided in Section 7551. When a person refuses to submit to the tests after receipt of the administrative order pursuant to this section and fails to seek relief from the court from the administrative order either prior to the scheduled tests or within 10 days after the tests are scheduled, the court may resolve the question of parentage against that person or enforce the administrative order if the rights of others or the interest of justice so require. Except as provided in subdivision (c), a person’s refusal to submit to tests ordered by the local child support agency is admissible in evidence in any proceeding to determine parentage if a notice of motion is not filed within the timeframes specified in this subdivision.

(f) If the original test result is contested, the local child support agency shall order an additional test only upon request and advance payment of the contestant.

(g) The local child support agency shall not order in utero genetic testing.

(h) The local child support agency shall administer this section consistent with federal law.

SEC. 22.

Section 7559 is added to the Family Code, to read:

7559.

Payment of the cost of initial genetic testing shall be made in advance when agreed to by the parties or ordered by the court pursuant to Section 7640.

SEC. 23.

Section 7560 is added to the Family Code, to read:

7560.

The court or local child support agency shall order additional genetic testing upon the request of a person who contests the results of the initial testing under Section 7555.

SEC. 24.

Section 7562 is added to the Family Code, to read:

7562.

If a person seeking genetic testing demonstrates good cause, the court may order genetic testing of a deceased person.

SEC. 25.

The heading of Chapter 3 (commencing with Section 7570) of Part 2 of Division 12 of the Family Code is amended to read:

CHAPTER 3. Establishment of Parentage by Voluntary Declaration

SEC. 26.

Section 7570 of the Family Code is amended to read:

7570.

(a) The Legislature hereby finds and declares as follows:

(1) There is a compelling state interest in establishing paternity for all children. Establishing paternity is the first step toward a child support award, which, in turn, provides children with equal rights and access to benefits, including, but not limited to, social security, health insurance, survivors’ benefits, military benefits, and inheritance rights. Knowledge of family medical history is often necessary for correct medical diagnosis and treatment. Additionally, knowing one’s father is important to a child’s development.

(2) A simple system allowing for establishment of voluntary paternity will result in a significant increase in the ease of establishing paternity, a significant increase in paternity establishment, an increase in the number of children who have greater access to child support and other benefits, and a significant decrease in the time and money required to establish paternity due to the removal of the need for a lengthy and expensive court process to determine and establish paternity and is in the public interest.

(b) This section shall remain in effect only until January 1, 2020, and as of that date is repealed.

SEC. 27.

Section 7570 is added to the Family Code, to read:

7570.

(a) The Legislature hereby finds and declares as follows:

(1) There is a compelling state interest in establishing parentage for all children. Establishing parentage is the first step toward a child support award, which, in turn, provides children with equal rights and access to benefits, including, but not limited to, social security, health insurance, survivors’ benefits, military benefits, and inheritance rights.

(2) A simple administrative system allowing for establishment of voluntary parentage will result in a significant increase in the ease of establishing parentage, a significant increase in parentage establishment, an increase in the number of children who have greater access to child support and other benefits, and a significant decrease in the time and money required to establish parentage due to the removal of the need for a lengthy and expensive court process to determine and establish parentage and is in the public interest.

(b) This section shall become operative on January 1, 2020.

SEC. 28.

Section 7571 of the Family Code is amended to read:

7571.

(a) On and after January 1, 1995, upon the event of a live birth, prior to an unmarried mother leaving any hospital, the person responsible for registering live births under Section 102405 of the Health and Safety Code shall provide to the natural mother and shall attempt to provide, at the place of birth, to the man identified by the natural mother as the natural father, a voluntary declaration of paternity together with the written materials described in Section 7572. Staff in the hospital shall witness the signatures of parents signing a voluntary declaration of paternity and shall forward the signed declaration to the Department of Child Support Services within 20 days of the date the declaration was signed. A copy of the declaration shall be made available to each of the attesting parents.

(b) No health care provider shall be subject to any civil, criminal, or administrative liability for any negligent act or omission relative to the accuracy of the information provided, or for filing the declaration with the appropriate state or local agencies.

(c) The local child support agency shall pay the sum of ten dollars ($10) to birthing hospitals and other entities that provide prenatal services for each completed declaration of paternity that is filed with the Department of Child Support Services, provided that the local child support agency and the hospital or other entity providing prenatal services has entered into a written agreement that specifies the terms and conditions for the payment as required by federal law.

(d) If the declaration is not registered by the person responsible for registering live births at the hospital, it may be completed by the attesting parents, notarized, and mailed to the Department of Child Support Services at any time after the child’s birth.

(e) Prenatal clinics shall offer prospective parents the opportunity to sign a voluntary declaration of paternity. In order to be paid for their services as provided in subdivision (c), prenatal clinics must ensure that the form is witnessed and forwarded to the Department of Child Support Services within 20 days of the date the declaration was signed.

(f) Declarations shall be made available without charge at all local child support agency offices, offices of local registrars of births and deaths, courts, and county welfare departments within this state. Staff in these offices shall witness the signatures of parents wishing to sign a voluntary declaration of paternity and shall be responsible for forwarding the signed declaration to the Department of Child Support Services within 20 days of the date the declaration was signed.

(g) The Department of Child Support Services, at its option, may pay the sum of ten dollars ($10) to local registrars of births and deaths, county welfare departments, or courts for each completed declaration of paternity that is witnessed by staff in these offices and filed with the Department of Child Support Services. In order to receive payment, the Department of Child Support Services and the entity shall enter into a written agreement that specifies the terms and conditions for payment as required by federal law. The Department of Child Support Services shall study the effect of the ten dollar ($10) payment on obtaining completed voluntary declaration of paternity forms.

(h) The Department of Child Support Services and local child support agencies shall publicize the availability of the declarations. The local child support agency shall make the declaration, together with the written materials described in subdivision (a) of Section 7572, available upon request to any parent and any agency or organization that is required to offer parents the opportunity to sign a voluntary declaration of paternity. The local child support agency shall also provide qualified staff to answer parents’ questions regarding the declaration and the process of establishing paternity.

(i) Copies of the declaration and any rescissions filed with the Department of Child Support Services shall be made available only to the parents, the child, the local child support agency, the county welfare department, the county counsel, the State Department of Health Services, and the courts.

(j) Publicly funded or licensed health clinics, pediatric offices, Head Start programs, child care centers, social services providers, prisons, and schools may offer parents the opportunity to sign a voluntary declaration of paternity. In order to be paid for their services as provided in subdivision (c), publicly funded or licensed health clinics, pediatric offices, Head Start programs, child care centers, social services providers, prisons, and schools shall ensure that the form is witnessed and forwarded to the Department of Child Support Services.

(k) Any agency or organization required to offer parents the opportunity to sign a voluntary declaration of paternity shall also identify parents who are willing to sign, but were unavailable when the child was born. The organization shall then contact these parents within 10 days and again offer the parent the opportunity to sign a voluntary declaration of paternity.

(l) This section shall remain in effect only until January 1, 2020, and as of that date is repealed.

SEC. 29.

Section 7571 is added to the Family Code, to read:

7571.

(a) On and after January 1, 1995, upon the event of a live birth, prior to an unmarried mother or a mother who gave birth to a child conceived through assisted reproduction leaving a hospital, the person responsible for registering live births under Section 102405 of the Health and Safety Code shall provide to the woman giving birth and shall attempt to provide, at the place of birth, to the person identified by the woman giving birth as either the only possible genetic parent other than the woman who gave birth or the intended parent of a child conceived through assisted reproduction, a voluntary declaration of parentage together with the written materials described in Section 7572. Staff in the hospital shall witness the signatures of parents signing a voluntary declaration of parentage and shall forward the signed declaration to the Department of Child Support Services within 20 days of the date the declaration was signed. A copy of the declaration shall be made available to each of the attesting parents.

(b) A health care provider shall not be subject to civil, criminal, or administrative liability for a negligent act or omission relative to the accuracy of the information provided, or for filing the declaration with the appropriate state or local agencies.

(c) The local child support agency shall pay the sum of ten dollars ($10) to birthing hospitals and other entities that provide prenatal services for each completed declaration of parentage that is filed with the Department of Child Support Services, provided that the local child support agency and the hospital or other entity providing prenatal services has entered into a written agreement that specifies the terms and conditions for the payment as required by federal law.

(e) Prenatal clinics shall offer prospective parents the opportunity to sign a voluntary declaration of parentage. In order to be paid for their services as provided in subdivision (c), prenatal clinics must ensure that the form is witnessed and forwarded to the Department of Child Support Services within 20 days of the date the declaration was signed.

(f) Declarations shall be made available without charge at all local child support agency offices, offices of local registrars of births and deaths, courts, and county welfare departments within this state. Staff in these offices shall witness the signatures of parents wishing to sign a voluntary declaration of parentage and shall be responsible for forwarding the signed declaration to the Department of Child Support Services within 20 days of the date the declaration was signed.

(g) The Department of Child Support Services, at its option, may pay the sum of ten dollars ($10) to local registrars of births and deaths, county welfare departments, or courts for each completed declaration of parentage that is witnessed by staff in these offices and filed with the Department of Child Support Services. In order to receive payment, the Department of Child Support Services and the entity shall enter into a written agreement that specifies the terms and conditions for payment as required by federal law. The Department of Child Support Services shall study the effect of the ten dollar ($10) payment on obtaining completed voluntary declaration of parentage forms.

(h) The Department of Child Support Services and local child support agencies shall publicize the availability of the declarations. The local child support agency shall make the declaration, together with the written materials described in subdivision (a) of Section 7572, available upon request to any parent and any agency or organization that is required to offer parents the opportunity to sign a voluntary declaration of parentage. The local child support agency shall also provide qualified staff to answer parents’ questions regarding the declaration and the process of establishing parentage.

(j) Publicly funded or licensed health clinics, pediatric offices, Head Start programs, child care centers, social services providers, prisons, and schools may offer parents the opportunity to sign a voluntary declaration of parentage. In order to be paid for their services as provided in subdivision (c), publicly funded or licensed health clinics, pediatric offices, Head Start programs, child care centers, social services providers, prisons, and schools shall ensure that the form is witnessed and forwarded to the Department of Child Support Services.

(k) An agency or organization required to offer parents the opportunity to sign a voluntary declaration of parentage shall also identify parents who are willing to sign, but were unavailable when the child was born. The organization shall then contact these parents within 10 days and again offer the parent the opportunity to sign a voluntary declaration of parentage.

(l) This section shall become operative on January 1, 2020.

SEC. 30.

Section 7572 of the Family Code is amended to read:

7572.

(a) The Department of Child Support Services, in consultation with the State Department of Health Care Services, the California Association of Hospitals and Health Systems, and other affected health provider organizations, shall work cooperatively to develop written materials to assist providers and parents in complying with this chapter. This written material shall be updated periodically by the Department of Child Support Services to reflect changes in law, procedures, or public need.

(b) The written materials for parents which shall be attached to the form specified in Section 7574 and provided to unmarried parents shall contain the following information:

(1) A signed voluntary declaration of paternity that is filed with the Department of Child Support Services legally establishes paternity.

(2) The legal rights and obligations of both parents and the child that result from the establishment of paternity.

(3) An alleged father’s constitutional rights to have the issue of paternity decided by a court; to notice of any hearing on the issue of paternity; to have an opportunity to present his case to the court, including his right to present and cross-examine witnesses; to have an attorney represent him; and to have an attorney appointed to represent him if he cannot afford one in a paternity action filed by a local child support agency.

(4) That by signing the voluntary declaration of paternity, the father is voluntarily waiving his constitutional rights.

(c) Parents shall also be given oral notice of the rights and responsibilities specified in subdivision (b). Oral notice may be accomplished through the use of audio or video recorded programs developed by the Department of Child Support Services to the extent permitted by federal law.

(d) The Department of Child Support Services shall, free of charge, make available to hospitals, clinics, and other places of birth any and all informational and training materials for the program under this chapter, as well as the paternity declaration form. The Department of Child Support Services shall make training available to every participating hospital, clinic, local registrar of births and deaths, and other place of birth no later than June 30, 1999.

(e) The Department of Child Support Services may adopt regulations, including emergency regulations, necessary to implement this chapter.

(f) This section shall remain in effect only until January 1, 2020, and as of that date is repealed.

SEC. 31.

Section 7572 is added to the Family Code, to read:

7572.

(b) The written materials for unmarried parents or parents of a child conceived through assisted reproduction that shall be attached to the form specified in Section 7574 and shall contain the following information:

(1) A signed voluntary declaration of parentage that is filed with the Department of Child Support Services legally establishes parentage.

(2) The legal rights and obligations of both parents and the child that result from the establishment of parentage.

(3) An alleged father’s constitutional rights to have the issue of parentage decided by a court; to notice of any hearing on the issue of parentage; to have an opportunity to present his case to the court, including his right to present and cross-examine witnesses; to have an attorney represent him; and to have an attorney appointed to represent him if he cannot afford one in a parentage action filed by a local child support agency.

(4) That by signing the voluntary declaration of parentage, the father is voluntarily waiving his constitutional rights.

(d) The Department of Child Support Services shall, free of charge, make available to hospitals, clinics, and other places of birth any and all informational and training materials for the program under this chapter, as well as the declaration of parentage form. The Department of Child Support Services shall make training available to every participating hospital, clinic, local registrar of births and deaths, and other place of birth no later than June 30, 1999.

(e) The Department of Child Support Services may adopt regulations, including emergency regulations, necessary to implement this chapter.

(f) This section shall become operative on January 1, 2020.

SEC. 32.

Section 7573 of the Family Code is amended to read:

7573.

(a) Except as provided in Sections 7575, 7576, 7577, and 7612, a completed voluntary declaration of paternity, as described in Section 7574, that has been filed with the Department of Child Support Services shall establish the paternity of a child and shall have the same force and effect as a judgment for paternity issued by a court of competent jurisdiction. The voluntary declaration of paternity shall be recognized as a basis for the establishment of an order for child custody, visitation, or child support.

(b) This section shall remain in effect only until January 1, 2020, and as of that date is repealed.

SEC. 33.

Section 7573 is added to the Family Code, to read:

7573.

(a) The following persons may sign a voluntary declaration of parentage to establish the parentage of the child:

(1) An unmarried woman who gave birth to the child and another person who is a genetic parent.

(2) A married or unmarried woman who gave birth to the child and another person who is a parent under Section 7613 of a child conceived through assisted reproduction.

(b) A voluntary declaration of parentage shall be in a record signed by the woman who gave birth to the child and by either the only possible genetic parent other than the woman who gave birth or the intended parent of a child conceived through assisted reproduction, and the signatures shall be attested by a notary or witnessed.

(c) Except as provided by Section 7580, a voluntary declaration of parentage takes effect on the filing of the document with the Department of Child Support Services.

(d) Except as provided in Sections 7573.5, 7575, 7576, 7577, and 7580, a completed voluntary declaration of parentage that complies with this chapter and that has been filed with the Department of Child Support Services is equivalent to a judgment of parentage of the child and confers on the declarant all rights and duties of a parent.

(e) The court shall give full faith and credit to a voluntary declaration of parentage effective in another state if the declaration was in a signed record and otherwise complies with the law of the other state.

(f) This section shall become operative on January 1, 2020.

SEC. 34.

Section 7573.5 is added to the Family Code, to read:

7573.5.

(a) A voluntary declaration of parentage is void if, at the time of signing, any of the following are true:

(1) A person other than the woman who gave birth to the child or a person seeking to establish parentage through a voluntary declaration of parentage is a presumed parent under Section 7540 or subdivision (a), (b), or (c) of Section 7611.

(2) A court has entered a judgment of parentage of the child.

(3) Another person has signed a valid voluntary declaration of parentage.

(4) The child has a parent under Section 7613 or 7962 other than the signatories.

(5) The person seeking to establish parentage is a sperm or ova donor under subdivision (b) or (c) of Section 7613.

(6) The person seeking to establish parentage asserts that he or she is a parent under Section 7613 and the child was not conceived through assisted reproduction.

(b) In an action in which a party is seeking a determination that a voluntary declaration of parentage is void under this section, notice shall be provided pursuant to Section 7635.

SEC. 35.

Section 7574 of the Family Code is amended to read:

7574.

(a) The voluntary declaration of paternity shall be executed on a form developed by the Department of Child Support Services in consultation with the State Department of Health Services, the California Family Support Council, and child support advocacy groups.

(b) The form described in subdivision (a) shall contain, at a minimum, the following:

(1) The name and the signature of the mother.

(2) The name and the signature of the father.

(3) The name of the child.

(4) The date of birth of the child.

(5) A statement by the mother that she has read and understands the written materials described in Section 7572, that the man who has signed the voluntary declaration of paternity is the only possible father, and that she consents to the establishment of paternity by signing the voluntary declaration of paternity.

(6) A statement by the father that he has read and understands the written materials described in Section 7572, that he understands that by signing the voluntary declaration of paternity he is waiving his rights as described in the written materials, that he is the biological father of the child, and that he consents to the establishment of paternity by signing the voluntary declaration of paternity.

(7) The name and the signature of the person who witnesses the signing of the declaration by the mother and the father.

SEC. 36.

Section 7574 is added to the Family Code, to read:

7574.

(a) The voluntary declaration of parentage shall be executed on a form developed by the Department of Child Support Services in consultation with the State Department of Public Health and groups addressing child support, child custody, assisted reproduction issues, and lesbian, gay, bisexual, and transgender rights.

(b) The form described in subdivision (a) shall contain, at a minimum, all of the following:

(1) The name and the signature of the woman who gave birth to the child.

(2) The name and the signature of the person seeking to establish parentage.

(3) The name of the child.

(4) The date of birth of the child.

(5) For a voluntary declaration of parentage signed pursuant to paragraph (1) of subdivision (a) of Section 7573, all of the following:

(A) A statement by the woman who gave birth that she is unmarried and understands the written materials described in Section 7572, that the person who is signing the voluntary declaration of parentage is the only possible genetic parent other than the woman who gave birth, that the woman who gave birth consents to the establishment of parentage by the genetic parent signing the voluntary declaration of parentage, and that the woman who gave birth understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.

(B) A statement by the genetic parent signing the voluntary declaration of parentage that he or she has read and understands the written materials described in Section 7572, understands that by signing the voluntary declaration of parentage he or she is waiving his or her rights as described in the written materials, that he or she is the genetic parent of the child, that he or she consents to the establishment of parentage by signing the voluntary declaration of parentage, that he or she is assuming all the rights and responsibilities of a parent and wishes to be named on the child’s birth certificate, and that he or she understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.

(6) For a voluntary declaration of parentage signed pursuant to paragraph (2) of subdivision (a) of Section 7573, all of the following:

(A) A statement by the woman who gave birth that she has read and understands the written materials described in Section 7572, that the person who is signing the voluntary declaration of parentage is the intended parent of a child conceived through assisted reproduction, that the woman who gave birth consents to the establishment of parentage by the other person signing the voluntary declaration of parentage, and that the woman who gave birth understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.

(B) A statement that the person seeking to establish parentage has read and understands the written materials described in Section 7572, understands that by signing the voluntary declaration of parentage he or she is waiving his or her rights as described in the written materials, that he or she is the intended parent of the child conceived through assisted reproduction, that he or she consents to the establishment of parentage by signing the voluntary declaration of parentage, that he or she is assuming all the rights and responsibilities of a parent and wishes to be named on the child’s birth certificate, and that he or she understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.

(7) The name and the signature of the person who witnesses the signing of the declaration.

SEC. 37.

Section 7575 of the Family Code is amended to read:

7575.

(a) Either parent may rescind the voluntary declaration of paternity by filing a rescission form with the Department of Child Support Services within 60 days of the date of execution of the declaration by the attesting father or attesting mother, whichever signature is later, unless a court order for custody, visitation, or child support has been entered in an action in which the signatory seeking to rescind was a party. The Department of Child Support Services shall develop a form to be used by parents to rescind the declaration of paternity and instruction on how to complete and file the rescission with the Department of Child Support Services. The form shall include a declaration under penalty of perjury completed by the person filing the rescission form that certifies that a copy of the rescission form was sent by any form of mail requiring a return receipt to the other person who signed the voluntary declaration of paternity. A copy of the return receipt shall be attached to the rescission form when filed with the Department of Child Support Services. The form and instructions shall be written in simple, easy to understand language and shall be made available at the local family support office and the office of local registrar of births and deaths. The department shall, upon written request, provide to a court or commissioner a copy of any rescission form filed with the department that is relevant to proceedings before the court or commissioner.

(b) (1) Notwithstanding Section 7573, if the court finds that the man who signed the voluntary declaration is not identified as a genetic parent of the child under Section 7555, the court may set aside the voluntary declaration of paternity unless the court determines that denial of the action to set aside the voluntary declaration of paternity is in the best interest of the child, after consideration of all of the following factors:

(A) The age of the child.

(B) The length of time since the execution of the voluntary declaration of paternity by the man who signed the voluntary declaration.

(C) The nature, duration, and quality of any relationship between the man who signed the voluntary declaration and the child, including the duration and frequency of any time periods during which the child and the man who signed the voluntary declaration resided in the same household or enjoyed a parent-child relationship.

(D) The request of the man who signed the voluntary declaration that the parent-child relationship continue.

(E) Notice by the biological father of the child that he does not oppose preservation of the relationship between the man who signed the voluntary declaration and the child.

(F) The benefit or detriment to the child in establishing the biological parentage of the child.

(G) Whether the conduct of the man who signed the voluntary declaration has impaired the ability to ascertain the identity of, or get support from, the biological father.

(H) Additional factors deemed by the court to be relevant to its determination of the best interest of the child.

(2) If the court denies the action, the court shall state on the record the basis for the denial of the action and any supporting facts.

(3) (A) The notice of motion for genetic tests under this section may be filed not later than two years from the date of the child’s birth by a local child support agency, the mother, the man who signed the voluntary declaration as the child’s father, or in an action to determine the existence or nonexistence of the father and child relationship pursuant to Section 7630 or in any action to establish an order for child custody, visitation, or child support based upon the voluntary declaration of paternity.

(B) The local child support agency’s authority under this subdivision is limited to those circumstances where there is a conflict between a voluntary acknowledgment of paternity and a judgment of paternity or a conflict between two or more voluntary acknowledgments of paternity.

(4) The notice of motion for genetic tests pursuant to this section shall be supported by a declaration under oath submitted by the moving party stating the factual basis for putting the issue of paternity before the court.

(c) (1) Nothing in this chapter shall be construed to prejudice or bar the rights of either parent to file an action or motion to set aside the voluntary declaration of paternity on any of the grounds described in, and within the time limits specified in, Section 473 of the Code of Civil Procedure. If the action or motion to set aside a judgment is required to be filed within a specified time period under Section 473 of the Code of Civil Procedure, the period within which the action or motion to set aside the voluntary declaration of paternity must be filed shall commence on the date that the court makes an initial order for custody, visitation, or child support based upon a voluntary declaration of paternity.

(2) The parent or local child support agency seeking to set aside the voluntary declaration of paternity shall have the burden of proof.

(3) Any order for custody, visitation, or child support shall remain in effect until the court determines that the voluntary declaration of paternity should be set aside, subject to the court’s power to modify the orders as otherwise provided by law.

(4) Nothing in this section is intended to restrict a court from acting as a court of equity.

(5) If the voluntary declaration of paternity is set aside pursuant to paragraph (1), the court shall order that the mother, child, and alleged father submit to genetic tests pursuant to Chapter 2 (commencing with Section 7550). If the court finds that the person who executed the voluntary declaration of paternity is not identified as the genetic parent of the child under Section 7555, the question of paternity shall be resolved accordingly. If the person who executed the declaration as the father of the child is not excluded as a possible father, the question of paternity shall be resolved as otherwise provided by law. If the person who executed the declaration of paternity is ultimately determined to be the father of the child, any child support that accrued under an order based upon the voluntary declaration of paternity shall remain due and owing.

(6) The Judicial Council shall develop the forms and procedures necessary to effectuate this subdivision.

(d) This section shall remain in effect only until January 1, 2020, and as of that date is repealed.

SEC. 38.

Section 7575 is added to the Family Code, to read:

7575.

(a) Either parent may rescind the voluntary declaration of parentage by filing a rescission form with the Department of Child Support Services within 60 days of the date of execution of the declaration by the attesting parents, whichever signature is later, unless a court order for custody, visitation, or child support has been entered in an action in which the signatory seeking to rescind was a party. The Department of Child Support Services shall develop a form to be used by parents to rescind the declaration of parentage and instructions on how to complete and file the rescission with the Department of Child Support Services. The form shall include a declaration under penalty of perjury completed by the person filing the rescission form that certifies that a copy of the rescission form was sent by any form of mail requiring a return receipt to the other person who signed the voluntary declaration of parentage. A copy of the return receipt shall be attached to the rescission form when filed with the Department of Child Support Services. The form and instructions shall be written in simple, easy to understand language and shall be made available at the local family support office and the office of local registrar of births and deaths. The department shall, upon written request, provide to a court or commissioner a copy of any rescission form filed with the department that is relevant to proceedings before the court or commissioner.

(b) This section shall become operative on January 1, 2020.

SEC. 39.

Section 7576 of the Family Code is amended to read:

7576.

The following provisions shall apply for voluntary declarations signed on or before December 31, 1996.

(a) Except as provided in subdivision (d), the child of a woman and a man executing a declaration of paternity under this chapter is conclusively presumed to be the man’s child. The presumption under this section has the same force and effect as the presumption under Section 7540.

(b) A voluntary declaration of paternity shall be recognized as the basis for the establishment of an order for child custody or support.

(c) In any action to rebut the presumption created by this section, a voluntary declaration of paternity shall be admissible as evidence to determine paternity of the child named in the voluntary declaration of paternity.

(d) The presumption established by this chapter may be rebutted by any person by requesting blood or genetic tests pursuant to Chapter 2 (commencing with Section 7550). The notice of motion for blood or genetic tests pursuant to this section shall be supported by a declaration under oath submitted by the moving party stating the factual basis for placing the issue of paternity before the court. The notice of motion for blood or genetic tests shall be made within three years from the date of execution of the declaration by the attesting father, or by the attesting mother, whichever signature is later. The two-year statute of limitations specified in subdivision (b) of Section 7541 is inapplicable for purposes of this section.

(e) A presumption under this chapter shall override all statutory presumptions of paternity except a presumption arising under Section 7540 or 7555, or as provided in Section 7612.

(f) This section shall remain in effect only until January 1, 2020, and as of that date is repealed.

SEC. 40.

Section 7576 is added to the Family Code, to read:

7576.

(a) After the period for rescission provided in Section 7575 expires, but not later than two years after the effective date provided in subdivision (c) of Section 7573 of a voluntary declaration of parentage, a signatory of the voluntary declaration of parentage may commence a proceeding to challenge the declaration on the basis of fraud, duress, or material mistake of fact.

(b) The limitations period provided in subdivision (a) shall not apply if the voluntary declaration of parentage is void under Section 7573.5.

SEC. 41.

Section 7577 of the Family Code is amended to read:

7577.

(a) Notwithstanding Section 7573, a voluntary declaration of paternity that is signed by a minor parent or minor parents shall not establish paternity until 60 days after both parents have reached the age of 18 years or are emancipated, whichever first occurs.

(b) A parent who signs a voluntary declaration of paternity when he or she is a minor may rescind the voluntary declaration of paternity at any time up to 60 days after the parent reaches the age of 18 or becomes emancipated whichever first occurs.

(c) A voluntary declaration of paternity signed by a minor creates a rebuttable presumption of paternity until the date that it establishes paternity as specified in subdivision (a).

(d) A voluntary declaration of paternity signed by a minor shall be admissible as evidence in any civil action to establish paternity of the minor named in the voluntary declaration.

(e) A voluntary declaration of paternity that is signed by a minor shall not be admissible as evidence in a criminal prosecution for violation of Section 261.5 of the Penal Code.

(f) This section shall remain in effect only until January 1, 2020, and as of that date is repealed.

SEC. 42.

Section 7577 is added to the Family Code, to read:

7577.

The following rules apply in an action to challenge a valid voluntary declaration of parentage brought by a person who is not a signatory to the declaration. This section does not apply to a voluntary declaration of parentage that is void under Section 7573.5.

(a) A person has standing under this section if he or she is an alleged genetic parent who is not a donor under Section 7613, is a presumed parent under Section 7611, or any person who has standing under Section 7630.

(b) The petition challenging a voluntary declaration of parentage pursuant to this section shall be supported by a declaration under oath alleging specific facts to support standing under this section.

(c) If the court holds a hearing to determine standing, the hearing shall be held on an expedited basis. If the person challenging the voluntary declaration of parentage is an alleged genetic parent, genetic testing shall be ordered on an expedited basis.

(d) The action shall be filed not later than two years after the effective date of the declaration. This limitations period shall not apply if the voluntary declaration of parentage is void under Section 7573.5.

(e) Notice shall be provided to the signatories of the declaration and to any person entitled to notice under Section 7635. Any person who asserts a claim to parentage under this division shall be joined in the action.

(f) With respect to whether the voluntary declaration of parentage should be set aside, the person petitioning to set aside the voluntary declaration of parentage shall have the burden of proof by a preponderance of the evidence.

(g) The court may grant the petition to set aside the voluntary declaration of parentage only if the court finds that setting aside the voluntary declaration of parentage is in the best interests of the child, based on consideration of all of the following factors:

(1) The age of the child.

(2) The length of time since the effective date of the voluntary declaration of parentage.

(3) The nature, duration, and quality of any relationship between the person who signed the voluntary declaration of parentage and the child, including the duration and frequency of any time periods during which the child and the person resided in the same household or enjoyed a parent and child relationship.

(4) The request of the person who signed the voluntary declaration of parentage that the parent and child relationship continue.

(5) If the person challenges a voluntary declaration of parentage signed pursuant to paragraph (1) of subdivision (a) of Section 7573, the court shall additionally consider all of the following:

(A) Notice by the genetic parent of the child that the genetic parent does not oppose preservation of the relationship between the person who signed the declaration of parentage and the child.

(B) Whether any conduct of the person who signed the voluntary declaration has impaired the ability to ascertain the identity of, or obtain support from, the genetic parent.

(6) Additional factors deemed by the court to be relevant to its determination of the best interests of the child.

(h) If the voluntary declaration of parentage is challenged by a person who is presumed to be a parent under subdivision (d) of Section 7611, the court’s ruling on the petition to set aside the voluntary declaration of parentage shall, in addition to the factors under subdivision (g), also take into account the nature, duration, and quality of the relationship between the petitioning party and the child and the benefit or detriment to the child of continuing that relationship.

(i) If the court denies the petition to set aside the voluntary declaration of parentage, the court shall state on the record the basis for the denial of the action and any supporting facts.

(j) (1) If the court grants the petition to set aside the voluntary declaration of parentage, the court shall adjudicate parentage pursuant to Section 7612.

(2) Any order for custody, visitation, or child support shall remain in effect until the court determines that the voluntary declaration of parentage should be set aside, subject to the court’s power to modify the orders as otherwise provided by law.

(k) Nothing in this section shall be construed to prejudice or bar the rights of a person who is not a signatory and has standing under subdivision (a) to file an action or motion to set aside the voluntary declaration of parentage on any of the grounds described in, and within the time limits specified in, Section 473 of the Code of Civil Procedure. If the action or motion to set aside a judgment is required to be filed within a specified time period under Section 473 of the Code of Civil Procedure, the period within which the action or motion to set aside the voluntary declaration of parentage must be filed shall commence on the date that the court makes an initial order for custody, visitation, or child support based upon a voluntary declaration of parentage.

(l) Nothing in this section is intended to restrict a court from acting as a court of equity.

(m) The Judicial Council shall develop the forms and procedures necessary to effectuate this section.

(n) This section shall become operative on January 1, 2020.

SEC. 43.

Section 7578 is added to the Family Code, to read:

7578.

(a) Every signatory to a voluntary declaration of parentage shall be made a party to a proceeding to challenge the declaration.

(b) By signing a voluntary declaration, a signatory submits to personal jurisdiction in this state in a proceeding to challenge the declaration, effective on the filing of the declaration with the Department of Child Support Services.

(c) The court shall not suspend the legal responsibilities arising from a voluntary declaration of parentage, including the duty to pay child support, during the pendency of a proceeding to challenge the voluntary declaration of parentage, unless the party challenging the declaration shows good cause.

(d) A party challenging a voluntary declaration of parentage has the burden of proof by a preponderance of the evidence.

(e) If the judgment or order of the court is at variance with the child’s birth certificate, the court shall order that a new birth certificate be issued as prescribed in Article 2 (commencing with Section 102725) of Chapter 5 of Part 1 of Division 102 of the Health and Safety Code.

(f) This section shall become operative on January 1, 2020.

SEC. 44.

Section 7580 is added to the Family Code, to read:

7580.

(a) Notwithstanding subdivision (c) of Section 7573, a voluntary declaration of parentage that is signed by a minor parent or minor parents shall not establish parentage until 60 days after both signatories have reached 18 years of age or are emancipated, whichever first occurs.

(b) A person who signs a voluntary declaration of parentage when he or she is a minor may rescind the voluntary declaration of parentage at any time up to 60 days after the signatory reaches 18 years of age or becomes emancipated, whichever first occurs.

(c) A voluntary declaration of parentage signed by a minor creates a rebuttable presumption for or against parentage until the date that it establishes parentage as specified in subdivision (a).

(d) A voluntary declaration of parentage signed by a minor shall be admissible as evidence in any civil action to establish parentage of the minor named in the voluntary declaration.

(e) A voluntary declaration of parentage that is signed by a minor shall not be admissible as evidence in a criminal prosecution for violation of Section 261.5 of the Penal Code.

(f) This section shall become operative on January 1, 2020.

SEC. 45.

Section 7581 is added to the Family Code, to read:

7581.

The following provisions shall apply for voluntary declarations signed on or before December 31, 1996.

(b) A voluntary declaration of paternity shall be recognized as the basis for the establishment of an order for child custody or support.

(c) In an action to rebut the presumption created by this section, a voluntary declaration of paternity shall be admissible as evidence to determine paternity of the child named in the voluntary declaration of paternity.

(d) The presumption established by this section may be rebutted by any person by requesting genetic testing pursuant to Chapter 2 (commencing with Section 7550). The notice of motion for genetic testing pursuant to this section shall be supported by a declaration under oath submitted by the moving party stating the factual basis for placing the issue of paternity before the court. The notice of motion for genetic testing shall be made within three years from the date of execution of the declaration by the attesting father, or by the attesting mother, whichever signature is later. The two-year statute of limitations specified in subdivision (b) of Section 7541 is inapplicable for purposes of this section.

(e) A presumption under this section shall override all statutory presumptions of paternity, except a presumption arising under Section 7540, a claim made pursuant to Section 7555, or as provided in Section 7612.

(f) This section shall become operative on January 1, 2020.

SEC. 46.

Section 7604 of the Family Code is amended to read:

7604.

A court may order pendente lite relief consisting of a custody or visitation order pursuant to Part 2 (commencing with Section 3020) of Division 8, if the court finds both of the following:

(a) A parent and child relationship exists pursuant to Section 7540 or 7541.

(b) The custody or visitation order would be in the best interest of the child.

SEC. 47.

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, 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 7611 that conflict with each other, or if one or more presumptions under Section 7611 conflict with a claim by a person identified as a genetic parent pursuant to Section 7555, the presumption that on the facts is founded on the weightier considerations of policy and logic controls. If one of the presumed parents is also a presumed parent under Section 7540, the presumption arising under Section 7540 may only be rebutted pursuant to Section 7541.

(c) In an appropriate action, a court may find that more than two persons with a claim to parentage under this division are parents if the court finds that recognizing only two parents would be detrimental to the child. In determining detriment to the child, the court shall consider all relevant factors, including, but not limited to, the harm of removing the child from a stable placement with a parent who has fulfilled the child’s physical needs and the child’s psychological needs for care and affection, and who has assumed that role for a substantial period of time. A finding of detriment to the child does not require a finding of unfitness of any of the parents or persons with a claim to parentage.

(d) Unless a court orders otherwise after making the determination specified in subdivision (c), a presumption under Section 7611 is rebutted by a judgment establishing parentage of the child by another person.

(e) 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, the best interests of the child based upon the court’s consideration of the factors set forth in subdivision (b) of Section 7575, and 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 a conflict between the presumption under Section 7611 and the voluntary declaration of paternity, the weightier considerations of policy and logic shall control.

(f) 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.

(g) A person’s offer or refusal to sign a voluntary declaration of paternity may be considered as a factor, but shall not be determinative, as to the issue of legal parentage in any proceedings regarding the establishment or termination of parental rights.

(h) This section shall remain in effect only until January 1, 2020, and as of that date is repealed.

SEC. 48.

Section 7612 is added to the Family Code, to read:

7612.

(e) A person’s offer or refusal to sign a voluntary declaration of parentage may be considered as a factor, but shall not be determinative, as to the issue of legal parentage in a proceeding regarding the establishment or termination of parental rights.

(f) This section shall become operative on January 1, 2020.

SEC. 49.

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 not her spouse, with the consent of another intended parent, that intended parent is treated in law as if he or she were 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 he were 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 he were 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) The donor of ova for use in assisted reproduction by a person other than the donor’s spouse or nonmarital partner is treated in law as if the donor were not the natural parent of a child thereby conceived unless the court finds satisfactory evidence that the person providing ova and the person intended for the person providing ova to be a parent.

SEC. 50.

The heading of Article 1 (commencing with Section 7630) of Chapter 4 of Part 3 of Division 12 of the Family Code is amended to read:

Article 1. Determination of Parent and Child Relationship

SEC. 51.

Section 7630 of the Family Code is amended to read:

7630.

(a) A child, the child’s natural mother, a person presumed to be the child’s parent under subdivision (a), (b), or (c) of Section 7611, a person seeking to be adjudicated as a parent or donor under Section 7613, 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 parent and child relationship presumed under subdivision (a), (b), or (c) of Section 7611, or established pursuant to Section 7613.

(2) For the purpose of declaring the nonexistence of the 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, parentage of the child by another person may be determined in the same action, if that person has been made a party.

(3) At any time for the purpose of declaring the nonexistence of the parent and child relationship of a donor under Section 7613.

(b) Any interested party may bring an action at any time for the purpose of determining the existence or nonexistence of the 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 or when paragraph (2) of subdivision (a) applies, an action to determine parentage may be brought by the child, a personal representative of the child, the Department of Child Support Services, a presumed parent or the personal representative or a parent of that presumed parent if that parent has died or is a minor, or, in cases in which the natural mother is the only presumed parent or an action under Section 300 of the Welfare and Institutions Code or adoption is pending, 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 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 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 parentage action is filed.

(e) (1) If any prospective adoptive parent who has physical custody of the child, any licensed California adoption agency that has legal custody of the child or to which the mother proposes to relinquish the child for adoption, or any person whom the mother has designated as the prospective adoptive parent in a written statement executed before a hospital social worker, an adoption service provider, an adoption agency representative, or a notary public, has not been joined as a party to an action to determine the existence of a parent and child relationship under subdivision (a), (b), or (c), or an action for custody by a person claiming to be a parent under this division, 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 person brings an action to determine 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 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 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 parent and child relationship is heard.

SEC. 52.

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) A natural parent, each person presumed to be a parent under Section 7611 or 7540, each person who is a parent of the child under Section 7613 or 7962, and each person alleged to be the genetic parent unless precluded under this division from establishing parentage based on genetic testing, shall be given notice of the action in the manner prescribed in Section 7666 and an opportunity to be heard, and shall be made a party if they request to be joined. 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.

(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. 53.

Section 7640 of the Family Code is amended to read:

7640.

The court may order reasonable fees of counsel, experts, and the child’s guardian ad litem, and other costs of the action and pretrial proceedings, including genetic testing, to be paid by the parties, excluding any governmental entity, in proportions and at times determined by the court. The court may apply the standards set forth in Sections 2032 and 7605 in making this determination.

SEC. 54.

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 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.

(d) This section shall remain in effect only until January 1, 2020, and as of that date is repealed.

SEC. 55.

Section 7644 is added to the Family Code, 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 parentage as provided in Chapter 3 (commencing with Section 7570) of Part 2.

(b) Except as provided in Section 7581, the voluntary declaration of parentage shall be given the same force and effect as a judgment of 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 parentage unless evidence is presented that the voluntary declaration of parentage has been rescinded by the parties, set aside as provided in Section 7575, 7576, or 7577, or is void under Section 7573.5.

(d) This section shall become operative on January 1, 2020.

SEC. 56.

The heading of Article 1.5 (commencing with Section 7645) of Chapter 4 of Part 3 of Division 12 of the Family Code is amended to read:

Article 1.5. Setting Aside or Vacating Judgment of Parentage

SEC. 57.

Section 7645 of the Family Code is amended to read:

7645.

For purposes of this article, the following definitions shall apply:

(a) “Child” means the child of a previously established father or mother, as determined by the superior court in a judgment that is the subject of a motion brought pursuant to this article, or as a matter of law.

(b) “Judgment” means a judgment, order, or decree entered in a court of this state that establishes parentage, including a determination of parentage made pursuant to a petition filed under Section 300, 601, or 602 of the Welfare and Institutions Code. For purposes of this article, “judgment” does not include a judgment in any action for marital dissolution, legal separation, or nullity.

(c) “Previously established father” means a person identified as the father of a child in a judgment that is the subject of a motion brought pursuant to this article.

(d) “Previously established mother” means a person identified as the mother of a child in a judgment that is the subject of a motion brought pursuant to this article.

SEC. 58.

Section 7646 of the Family Code is amended to read:

7646.

(a) Notwithstanding any other law, a judgment establishing parentage may be set aside or vacated upon a motion by a previously established parent, the child, or the legal representative of any of these persons if genetic testing indicates that the previously established father of a child is not the genetic father of the child. The motion shall be brought within one of the following time periods:

(1) Within a two-year period commencing with the date on which the previously established father knew or should have known of a judgment that established him as the father of the child or commencing with the date the previously established father knew or should have known of the existence of an action to adjudicate the issue of parentage, whichever is first, except as provided in paragraph (2).

(2) In the case of any previously established father who is the legal father as a result of a default judgment as of the effective date of this section, within a two-year period from January 1, 2005, to December 31, 2006, inclusive.

(b) Subdivision (a) does not apply if the child is presumed to be a child of a marriage pursuant to Section 7540, the previously established parent is a parent under Section 7613 or 7962, or the action is barred by paragraph (2) of subdivision (a) of Section 7630.

(c) Reconsideration of a motion brought under paragraph (3) of subdivision (a) may be requested and granted if the following requirements are met:

(1) The motion was filed with the court between September 24, 2006, and December 31, 2006, inclusive.

(2) The motion was denied solely on the basis that it was untimely.

(3) The request for reconsideration of the motion is filed on or before December 31, 2009.

SEC. 59.

Section 7647 of the Family Code is amended to read:

7647.

(a) A court may grant a motion to set aside or vacate a judgment establishing parentage only if all of the following conditions are met:

(1) The motion is filed in a court of proper venue.

(2) The motion contains, at a minimum, all of the following information, if known:

(A) The legal name, age, county of residence, and residence address of the child.

(B) The names, mailing addresses, and counties of residence, or, if deceased, the date and place of death, of the following persons:

(i) The previously established parents and the alleged father of the child.

(ii) The guardian of the child, if any.

(iii) Any person who has physical custody of the child.

(iv) The guardian ad litem of the child, if any, as appointed pursuant to Section 7647.5.

(C) A declaration that the person filing the motion believes that the previously established father is not the genetic father of the child, the specific reasons for this belief, and a declaration that the person desires that the motion be granted. The moving party is not required to present evidence of genetic testing indicating that the previously established father is not the genetic father of the child in order to bring this motion pursuant to Section 7646.

(D) A declaration that the marital presumption set forth in Section 7540 does not apply and that an action is not barred under paragraph (2) of subdivision (a) of Section 7630.

(3) The court finds that the previously established father is not a genetic parent pursuant to Section 7555.

(b) The motion shall include a proof of service upon the following persons, excluding the person bringing the motion:

(1) The parties to the action resulting in the judgment of parentage.

(2) The local child support agency, if services are being provided to the child pursuant to Title IV-D or IV-E of the Social Security Act (42 U.S.C. Sec. 651 et seq. and 42 U.S.C. Sec. 670 et seq.).

(3) The child’s guardian ad litem, if any.

SEC. 60.

Section 7647.7 of the Family Code is amended to read:

7647.7.

Any genetic testing used to support the motion to set aside or vacate shall be conducted in accordance with Section 7552. The court shall, at the request of any person authorized to make a motion pursuant to this article, or may upon its own motion, order genetic testing to assist the court in making a determination whether the previously established father is the genetic father of the child.

SEC. 61.

Section 7648 of the Family Code is amended to read:

7648.

The court may deny the motion to set aside or vacate a judgment establishing parentage if it determines that denial of the motion is in the best interest of the child, after consideration of the following factors:

(a) The age of the child.

(b) The length of time since the entry of the judgment establishing parentage.

(c) The nature, duration, and quality of any relationship between the previously established father and the child, including the duration and frequency of any time periods during which the child and the previously established father resided in the same household or enjoyed a parent and child relationship.

(d) The request of the previously established father that the parent and child relationship continue.

(e) Notice by the biological father of the child that he does not oppose preservation of the relationship between the previously established father and the child.

(f) The benefit or detriment to the child in establishing the genetic father as the parent of the child.

(g) Whether the conduct of the previously established father has impaired the ability to ascertain the identity of, or get support from, the biological father.

(h) Additional factors deemed by the court to be relevant to its determination of the best interest of the child.

SEC. 62.

Section 7649 of the Family Code is amended to read:

7649.

This article does not limit the rights and remedies available under any other law with regard to setting aside or vacating a judgment of parentage.

SEC. 63.

Section 7650 of the Family Code is amended to read:

7650.

(a) Any interested person may bring an action to determine the existence or nonexistence of a mother and child relationship. Insofar as practicable, the provisions of this division applicable to the father and child relationship apply.

(b) A woman is presumed to be the natural mother of a child if 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. 64.

Section 17412 of the Family Code is amended to read:

17412.

(a) Notwithstanding any other law, an action for child support may be brought by the local child support agency on behalf of a minor child or caretaker parent based upon a voluntary declaration of paternity as provided in Chapter 3 (commencing with Section 7570) of Part 2 of Division 12.

(b) Except as provided in Sections 7576 and 7577, the voluntary declaration of paternity shall be given the same force and effect as a judgment for paternity entered by a court of competent jurisdiction. The court shall make appropriate orders for support of the minor child 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 by a court as provided in Section 7575.

(d) This section shall remain in effect only until January 1, 2020, and as of that date is repealed.

SEC. 65.

Section 17412 is added to the Family Code, to read:

17412.

(a) Notwithstanding any other law, an action for child support may be brought by the local child support agency on behalf of a minor child or caretaker parent based upon a voluntary declaration of parentage as provided in Chapter 3 (commencing with Section 7570) of Part 2 of Division 12.

(b) Except as provided in Sections 7580 and 7581, the voluntary declaration of parentage shall be given the same force and effect as a judgment for parentage entered by a court of competent jurisdiction. The court shall make appropriate orders for support of the minor child based upon the voluntary declaration of parentage unless evidence is presented that the voluntary declaration of parentage has been rescinded by the parties or set aside by a court as provided in Section 7575, 7576, or 7577.

(d) This section shall become operative on January 1, 2020.

SEC. 66.

Section 1635 of the Health and Safety Code is amended to read:

1635.

(a) “Department” means the State Department of Public Health.

(b) “Donor” means an individual, living or deceased, from whom tissue is removed.

(c) “Gamete bank” means a tissue bank that collects, processes, stores, or distributes gametes, including a facility that provides professional reproductive services, other than those facilities exempt from tissue bank licensure.

(d) “Person” means an individual, corporation, business trust, estate trust, partnership, association, state or local government, or subdivision or agency thereof, or any other legal entity.

(e) (1) “Tissue” means a human cell, group of cells, including the cornea, sclera, or vitreous humor and other segments of, or the whole eye, bones, skin, arteries, sperm, blood, other fluids, and any other portion of a human body, but shall not include an organ when recovered for transplantation or research purposes.

(2) For purposes of paragraph (1), “organ” means a human kidney, liver, heart, lung, pancreas, intestine (including the esophagus, stomach, small or large intestine, or any portion of the gastrointestinal tract), or vascularized composite allograft, and associated blood vessels recovered from an organ donor during the recovery of the organ.

(f) “Tissue bank” means a place, establishment, or institution that collects, processes, stores, or distributes tissue for transplantation into human beings.

(g) “Transplantation” means the act or process of transferring tissue, including by ingestion, from a donor to the body of the donor or another human being.

SEC. 67.

Section 1644 of the Health and Safety Code is amended to read:

1644.

(a) For purposes of this chapter, “donor,” “person,” “tissue,” “transplantation,” and “department” shall have the meaning as defined for those terms in Section 1635.

(b) For purposes of this chapter, “HIV” shall mean human immunodeficiency virus.

(c) “Identifying information” means the full name of the donor, the donor’s date of birth, and the permanent and, if different, current address of the donor at the time of donation.

(d) “Medical information” means information regarding a present illness of the donor, past illness of the donor, and social, genetic, and family history of the donor.

SEC. 68.

Section 1644.1 is added to the Health and Safety Code, to read:

1644.1.

(a) (1) Except as provided in paragraph (2), a gamete bank licensed in this state shall collect and retain from a gamete donor the donor’s identifying information and medical information at the time of the donation. If the gamete bank sends the gametes of a donor to another gamete bank, the sending gamete bank shall forward any identifying information and medical information, including the donor’s signed declaration under Section 1644.2 regarding identity disclosure, to the receiving gamete bank and shall no longer be required to retain the information. A receiving gamete bank licensed in this state shall collect and retain the information about the donor and each sending gamete bank.

(2) A gamete bank obtaining gametes for the purpose of clinical utilization within one month from receipt shall not be considered a receiving gamete bank responsible for long-term retention of any identifying information or medical information other than what is typically documented in the medical record, and shall not be responsible for responding to any request under Section 1644.3 other than to identify the sending gamete bank.

(b) This section shall apply only to gametes collected on or after January 1, 2020.

SEC. 69.

Section 1644.2 is added to the Health and Safety Code, to read:

1644.2.

(a) A gamete bank licensed in this state that collects gametes from a donor shall do both of the following:

(1) Provide the donor with information in a record about the donor’s choice regarding identity disclosure.

(2) Obtain a declaration from the donor regarding identity disclosure.

(b) A gamete bank licensed in this state shall give a donor the choice to sign a declaration, attested by a notary or witnessed, that does either of the following:

(1) States that the donor agrees to disclose his or her identity to a child conceived by assisted reproduction with the donor’s gametes, on request, once the child attains 18 years of age.

(2) States that the donor does not agree presently to disclose the donor’s identity to the child.

(c) A gamete bank licensed in this state shall permit a donor who has signed a declaration under paragraph (2) of subdivision (b) to withdraw the declaration at any time by signing a declaration under paragraph (1) of subdivision (b).

(d) This section shall apply only to gametes collected on or after January 1, 2020.

SEC. 70.

Section 1644.3 is added to the Health and Safety Code, to read:

1644.3.

(a) On request of a child conceived by assisted reproduction who attains 18 years of age, a gamete bank licensed in this state that collected, stored, or released for use the gametes used in the assisted reproduction shall provide the child with identifying information of the donor who provided the gametes, unless the donor signed and did not withdraw a declaration under paragraph (2) of subdivision (b) of Section 1644.2. If the donor signed and did not withdraw the declaration, the gamete bank shall make a good faith effort to notify the donor, who may elect under subdivision (c) of Section 1644.2 to withdraw the declaration.

(b) Regardless whether a donor signed a declaration under paragraph (2) of subdivision (b) of Section 1644.2, on request from a child conceived by assisted reproduction who attains 18 years of age, or, if the child is a minor, by a parent or guardian of the child, a gamete bank licensed in this state shall provide the child or, if the child is a minor, the parent or guardian of the child, access to nonidentifying medical information provided by the donor.

SEC. 71.

The heading of Chapter 5 (commencing with Section 102625) of Part 1 of Division 102 of the Health and Safety Code is amended to read:

CHAPTER 5. Certificates of Birth Following Adoption, Legitimation, Court Determination of Parentage, and Acknowledgment

SEC. 72.

The heading of Article 4 (commencing with Section 102766) of Chapter 5 of Part 1 of Division 102 of the Health and Safety Code is amended to read:

Article 4. Voluntary Declaration of Parentage

SEC. 73.

Section 102766 of the Health and Safety Code is amended to read:

102766.

(a) When a voluntary declaration of parentage is filed with the State Department of Social Services pursuant to subdivision (d) of Section 7571 of the Family Code, an application may be submitted to the State Registrar requesting that the signatory’s name be added to the child’s birth certificate.

(b) Upon receipt of the application and payment of the required fee, the State Registrar shall review the application for acceptance for filing and, if accepted, shall establish a new birth certificate for the child in the manner prescribed in Article 1 (commencing with Section 102625), if the original record of birth is on file in the office of the State Registrar.

SEC. 74.

Section 102767 of the Health and Safety Code is amended to read:

102767.

(a) When a voluntary declaration of parentage is rescinded pursuant to Section 7575 of the Family Code, an application may be submitted to the State Registrar requesting that the signatory’s name be removed from the child’s birth certificate.

(b) Upon receipt of the application and payment of the required fee, the State Registrar shall establish a new birth certificate for the child in the manner prescribed in Article 1 (commencing with Section 102625), if the original record of birth is on file in the office of the State Registrar.

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Bill Text: CA AB2684 | 2017-2018 | Regular Session | Chaptered

California Assembly Bill 2684 (Prior Session Legislation)

LEGISLATIVE COUNSEL'S DIGEST

Digest Key

Bill Text

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

SECTION 1.

SEC. 2.

2032.010.

SEC. 3.

PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE

SEC. 4.

SEC. 5.

7540.

SEC. 6.

7541.

SEC. 7.

CHAPTER 2. Genetic Testing to Determine Parentage

SEC. 8.

SEC. 9.

7550.

SEC. 10.

7550.5.

SEC. 11.

SEC. 12.

7551.

SEC. 13.

SEC. 14.

7552.

SEC. 15.

7552.5.

SEC. 16.

SEC. 17.

7554.

SEC. 18.

SEC. 19.

7555.

SEC. 20.

7556.

SEC. 21.

7558.

SEC. 22.

7559.

SEC. 23.

7560.

SEC. 24.

7562.

SEC. 25.

CHAPTER 3. Establishment of Parentage by Voluntary Declaration

SEC. 26.

7570.

SEC. 27.

7570.

SEC. 28.

7571.

SEC. 29.

7571.

SEC. 30.

7572.

SEC. 31.

7572.

SEC. 32.

7573.

SEC. 33.

7573.

SEC. 34.

7573.5.

SEC. 35.

7574.

SEC. 36.

7574.

SEC. 37.

7575.

SEC. 38.

7575.

SEC. 39.

7576.

SEC. 40.

7576.