Bill Text: CA AB957 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Family law: gender identity.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2024-01-29 - Consideration of Governor's veto stricken from file. [AB957 Detail]

Download: California-2023-AB957-Amended.html

Amended  IN  Assembly  March 13, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 957


Introduced by Assembly Member Wilson
(Principal coauthor: Senator Wiener)

February 14, 2023


An act to amend Section 1277 1277.5 of the Code of Civil Procedure, and to amend Section 3011 of the Family Code, relating to family law.


LEGISLATIVE COUNSEL'S DIGEST


AB 957, as amended, Wilson. Family law: gender identity.

Existing law requires all applications for change of names to be made to the superior court of the person’s county of residence, except for minors with a court-appointed guardian. Existing law requires the court in which a petition for a change of name has been filed to issue an order to show cause inviting interested persons to file written objections to the proposed change of name, as specified. Existing law requires a petitioner, if a petition for a name change has been filed for a minor by a parent, to cause notice of the time and place of the hearing, or a copy of the order, to be served on the other parent not less than 30 days before the hearing if the other parent does not consent to the name change.

Existing law authorizes a person to petition for a court order conforming the person’s name to the person’s gender identity. Existing law requires the court, upon the filing of a petition commencing a proceeding for a change of name to conform the petitioner’s name to the petitioner’s gender identity, to make an order reciting the filing of the petition and directing all persons interested in the matter to make their objections known, as specified. Existing law requires the petition and order to be served on the parent who did not sign the petition if a petition to change the name of a minor to conform to their gender identity does not include the signature of both living parents, as specified.
This bill would require the court to strongly consider that affirming the minor’s gender identity is in the best interest of the child if a nonconsenting parent objects to a name and gender marker change to affirm conform to the minor’s gender identity.
Existing law governs the determination of child custody and visitation in contested proceedings and requires the court, for purposes of deciding custody, to determine the best interests of the child based on certain factors, including, among other things, the nature and amount of contact with both parents and the health, safety, and welfare of the child.
This bill would require a court, when determining the best interests of a child, to also consider a parent’s affirmation of the child’s gender identity.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.Section 1277 of the Code of Civil Procedure is amended to read:
1277.

(a)(1)If a proceeding for a change of name is commenced by the filing of a petition, except as provided in subdivisions (b), (c), (d), and (f) or Section 1277.5, the court shall thereupon make an order reciting the filing of the petition, the name of the person by whom it is filed, and the name proposed. The order shall direct all persons interested in the matter to appear before the court at a time and place specified, which shall be not less than 6 weeks nor more than 12 weeks from the time of making the order, unless the court orders a different time, to show cause why the application for change of name should not be granted. The order shall direct all persons interested in the matter to make known an objection that they may have to the granting of the petition for change of name by filing a written objection, which includes the reasons for the objection, with the court at least two court days before the matter is scheduled to be heard and by appearing in court at the hearing to show cause why the petition for change of name should not be granted. The order shall state that, if no written objection is timely filed, the court may grant the petition without a hearing.

(2)(A)A copy of the order to show cause shall be published pursuant to Section 6064 of the Government Code in a newspaper of general circulation to be designated in the order published in the county. If a newspaper of general circulation is not published in the county, a copy of the order to show cause shall be posted by the clerk of the court in three of the most public places in the county in which the court is located for a like period. Proof shall be made to the satisfaction of the court of this publication or posting at the time of the hearing of the application.

(B)(i)On or after January 1, 2023, if the person whose name is proposed to be changed does not live in the county where the petition is filed, pursuant to subdivision (g) of Section 1276, the copy of the order to show cause shall be published, pursuant to Section 6064 of the Government Code, in a newspaper of general circulation published in the county of the person’s residence. If a newspaper of general circulation is not published in the county of the person’s residence, a copy of the order to show cause shall be posted by the clerk of the court in the county of the person’s residence or a similarly situated local official in three of the most public places in the county of the person’s residence for a like period. If the place where the person seeking the name change lives does not have counties, publication shall be made according to the requirements of this paragraph in the local subdivision or territory of the person’s residence. Proof shall be made to the satisfaction of the court of this publication or posting at the time of the hearing of the application.

(ii)If the person is unable to publish or post a copy of the order to show cause pursuant to clause (i), the court may allow an alternate method of publication or posting or may waive this requirement after sufficient evidence of diligent efforts to publish or post a copy of the order has been submitted to the satisfaction of the court.

(3)Four weekly publications shall be sufficient publication of the order to show cause. If the order is published in a daily newspaper, publication once a week for four successive weeks shall be sufficient.

(4)(A)If a petition has been filed for a minor by a parent and the other parent, if living, does not join in consenting thereto, the petitioner shall cause, not less than 30 days before the hearing, to be served notice of the time and place of the hearing or a copy of the order to show cause on the other parent pursuant to Section 413.10, 414.10, 415.10, or 415.40. If notice of the hearing cannot reasonably be accomplished pursuant to Section 415.10 or 415.40, the court may order that notice be given in a manner that the court determines is reasonably calculated to give actual notice to the nonconsenting parent. In that case, if the court determines that notice by publication is reasonably calculated to give actual notice to the nonconsenting parent, the court may determine that publication of the order to show cause pursuant to this subdivision is sufficient notice to the nonconsenting parent.

(B)If a nonconsenting parent objects to a name and gender marker change to affirm the minor’s gender identity, the court shall strongly consider that affirming the minor’s gender identity is in the best interest of the child pursuant to Section 3011 of the Family Code.

(b)(1)If the petition for a change of name alleges a reason or circumstance described in paragraph (2) and the petitioner has established (A) that they are an active participant in the address confidentiality program created pursuant to Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code and (B) that the name the petitioner is seeking to acquire is on file with the Secretary of State, the action for a change of name is exempt from the requirement for publication of the order to show cause under subdivision (a), and the petition and the order of the court shall, in lieu of reciting the proposed name, indicate that the proposed name is confidential and is on file with the Secretary of State pursuant to the provisions of the address confidentiality program.

(2)The procedure described in paragraph (1) applies to petitions alleging any of the following reasons or circumstances:

(A)To avoid domestic violence as defined in Section 6211 of the Family Code.

(B)To avoid stalking as defined in Section 646.9 of the Penal Code.

(C)To avoid sexual assault as defined in Section 1036.2 of the Evidence Code.

(D)To avoid human trafficking as defined in Section 236.1 of the Penal Code.

(3)For a petition under this subdivision, the current legal name of the petitioner shall be kept confidential by the court and shall not be published or posted in the court’s calendars, indexes, or register of actions, as required by Article 7 (commencing with Section 69840) of Chapter 5 of Title 8 of the Government Code, or by any means or in a public forum, including a hardcopy, an electronic copy, or any other type of public media or display.

(4)Notwithstanding paragraph (3), the court may, at the request of the petitioner, issue an order reciting the name of the petitioner at the time of the filing of the petition and the new legal name of the petitioner as a result of the court’s granting of the petition.

(5)A petitioner may request that the court file the petition and any other papers associated with the proceeding under seal. The court may consider the request at the same time as the petition for name change and may grant the request in a case in which the court finds that all of the following factors apply:

(A)There exists an overriding interest that overcomes the right of public access to the record.

(B)The overriding interest supports sealing the record.

(C)A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed.

(D)The proposed order to seal the records is narrowly tailored.

(E)No less restrictive means exist to achieve the overriding interest.

(c)If the petition is filed for a minor or nonminor dependent who is under the jurisdiction of the juvenile court, the action for a change of name is exempt from the requirement for publication of the order to show cause under subdivision (a).

(d)A proceeding for a change of name for a witness participating in the state Witness Relocation and Assistance Program, established by Title 7.5 (commencing with Section 14020) of Part 4 of the Penal Code, who has been approved for the change of name by the program, is exempt from the requirement for publication of the order to show cause under subdivision (a).

(e)If an application for change of name is brought as part of an action under the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12 of the Family Code), whether as part of a petition or cross-complaint or as a separate order to show cause in a pending action thereunder, service of the application shall be made upon all other parties to the action in a like manner as prescribed for the service of a summons as set forth in Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2. Upon the setting of a hearing on the issue, notice of the hearing shall be given to all parties in the action in a like manner and within the time limits prescribed generally for the type of hearing, whether trial or order to show cause, at which the issue of the change of name is to be decided.

(f)If a guardian files a petition to change the name of the guardian’s minor ward pursuant to Section 1276:

(1)The guardian shall provide notice of the hearing to any living parent of the minor by personal service at least 30 days before the hearing.

(2)If either or both parents are deceased or cannot be located, the guardian shall cause, not less than 30 days before the hearing, to be served a notice of the time and place of the hearing or a copy of the order to show cause on the child’s grandparents, if living, pursuant to Section 413.10, 414.10, 415.10, or 415.40.

SECTION 1.

 Section 1277.5 of the Code of Civil Procedure is amended to read:

1277.5.
 (a) (1) If a proceeding for a change of name to conform the petitioner’s name to the petitioner’s gender identity is commenced by the filing of a petition, the court shall thereupon make an order reciting the filing of the petition, the name of the person by whom it is filed, and the name proposed. The order shall direct all persons interested in the matter to make known any an objection to the change of name by filing a written objection, which includes any the reasons for the objection, within six weeks of the making of the order, order and shall state that if no objection showing good cause to oppose the name change is timely filed, the court shall, without hearing, enter the order that the change of name is granted.
(2) (A) If a petition is filed to change the name of a minor to conform to their gender identity that and the petition does not include the signatures of both living parents, the petition and the order to show cause made in accordance with paragraph (1) shall be served on the parent who did not sign the petition, pursuant to Section 413.10, 414.10, 415.10, or 415.40, within 30 days from the date on which the order is made by the court. If service cannot reasonably be accomplished pursuant to Section 415.10 or 415.40, the court may order that service be accomplished in a manner that the court determines is reasonably calculated to give actual notice to the parent who did not sign the petition.
(B) If a nonconsenting parent objects to a name change to conform to the minor’s gender identity, the court shall strongly consider that affirming the minor’s gender identity is in the best interest of the child pursuant to Section 3011 of the Family Code.
(b) The proceeding for a change of name to conform the petitioner’s name to the petitioner’s gender identity is exempt from any a requirement for publication.
(c) A hearing date shall not be set in the proceeding unless an objection is timely filed and shows good cause for opposing the name change. Objections based solely on concerns that the proposed change is not the petitioner’s actual gender identity or gender assigned at birth shall not constitute good cause. At the hearing, the court may examine under oath any of the petitioners, remonstrants, or other persons touching the petition or application, application and may make an order changing the name or dismissing the petition or application as the court may deem right and proper.

SEC. 2.

 Section 3011 of the Family Code is amended to read:

3011.
 (a) In making a determination of the best interests of the child in a proceeding described in Section 3021, the court shall, among any other factors it finds relevant and consistent with Section 3020, consider all of the following:
(1) The health, safety, and welfare of the child.
(2) (A) A history of abuse by one parent or another person seeking custody against any of the following:
(i) A child to whom the parent or person seeking custody is related by blood or affinity or with whom the parent or person seeking custody has had a caretaking relationship, no matter how temporary.
(ii) The other parent.
(iii) A parent, current spouse, or cohabitant of the parent or person seeking custody, or a person with whom the parent or person seeking custody has a dating or engagement relationship.
(B) (i) As a prerequisite to considering allegations of abuse, the court may require independent corroboration, including, but not limited to, written reports by law enforcement agencies, child protective services or other social welfare agencies, courts, medical facilities, or other public agencies or private nonprofit organizations providing services to victims of sexual assault or domestic violence.
(ii) As used in this paragraph, “abuse against a child” means “child abuse or neglect” as defined in Section 11165.6 of the Penal Code.
(iii) Abuse against another person, as described in clause (ii) or (iii) of subparagraph (A), means “abuse” as defined in Section 6203.
(3) The nature and amount of contact with both parents, except as provided in Section 3046.
(4) (A) The habitual or continual illegal use of controlled substances or the habitual or continual abuse of alcohol or prescribed controlled substances by either parent. Before considering these allegations, the court may first require independent corroboration, including, but not limited to, written reports from law enforcement agencies, courts, probation departments, social welfare agencies, medical facilities, rehabilitation facilities, or other public agencies or nonprofit organizations providing drug and alcohol abuse services.
(B) As used in this paragraph, “controlled substances” has the same meaning as defined in the California Uniform Controlled Substances Act (Division 10 (commencing with Section 11000) of the Health and Safety Code).
(5) (A) When allegations about a parent pursuant to paragraph (2) or (4) have been brought to the attention of the court in the current proceeding and the court makes an order for sole or joint custody or unsupervised visitation to that parent, the court shall state its reasons in writing or on the record. In these circumstances, the court shall ensure that an order regarding custody or visitation is specific as to time, day, place, and manner of transfer of the child as set forth in subdivision (c) of Section 6323.
(B) This paragraph does not apply if the parties stipulate in writing or on the record regarding custody or visitation.
(6) A parent’s affirmation of the child’s gender identity because it is in the best interest of the child to affirm their gender identity.
(b) Notwithstanding subdivision (a), the court shall not consider the sex, gender identity, gender expression, or sexual orientation of a parent, legal guardian, or relative in determining the best interests of the child.

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