Bill Text: CA SB115 | 2013-2014 | Regular Session | Amended

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

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Bill Title: Public Utilities Commission: Bagley-Keene Open Meeting

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2014-08-22 - Read third time and amended. (Page 6341.) Ordered to third reading. Re-referred to Com. on RLS. pursuant to Assembly Rule 97. [SB115 Detail]

Download: California-2013-SB115-Amended.html

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BILL NUMBER: SB 115	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 8, 2013
	AMENDED IN SENATE  MARCH 13, 2013

INTRODUCED BY   Senator Hill

                        JANUARY 16, 2013

   An act to amend Section 7630 of the Family Code, relating to
parent and child relationship.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 115, as amended, Hill.  Parent and child relationship.
   Existing law, the Uniform Parentage Act, sets forth the
circumstances under which a man may be presumed to be the natural
father of a child. Under existing law, those circumstances include if
he receives the child into his home and openly holds out the child
as his natural child and if the child is in utero after the father's
death and specified conditions applicable with respect to determining
rights to the property to be distributed upon the death of the
decedent are satisfied. Existing law authorizes any interested party
to bring an action at any time for the purpose of determining the
existence or nonexistence of the father and child relationship that
is presumed under those circumstances. The Uniform Parentage Act also
provides that the donor of semen provided to a licensed physician
and surgeon or to a licensed sperm bank for use in artificial
insemination or in vitro fertilization of a woman other than the
donor's wife is treated in law as if he were not the natural father
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.
   This bill would instead provide that notwithstanding the treatment
in law of the sperm donor under those  circumstance
  circumstances  , any interested party may bring
an action at any time for the purpose of determining the 
existence or nonexistence of the father and child relationship
presumed under the previously described circumstances  
parentage of a man presumed to be   the father because he
receives the child into his home and openly holds out the child as
his natural child  .
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 7630 of the Family Code is amended to read:
   7630.  (a) A child, the child's natural mother, a man presumed to
be the child's father under subdivision (a), (b), or (c) of Section
7611, an adoption agency to whom the child has been relinquished, or
a prospective adoptive parent of the child may bring an action as
follows:
   (1) At any time for the purpose of declaring the existence of the
father and child relationship presumed under subdivision (a), (b), or
(c) of Section 7611.
   (2) For the purpose of declaring the nonexistence of the father
and child relationship presumed under subdivision (a), (b), or (c) of
Section 7611 only if the action is brought within a reasonable time
after obtaining knowledge of relevant facts. After the presumption
has been rebutted, paternity of the child by another man may be
determined in the same action, if he has been made a party.
   (b)  (1)    Notwithstanding subdivision (b) of
Section 7613, any interested party may bring an action at any time
for the purpose of determining the existence or nonexistence of the
father and child relationship presumed under subdivision (d) 
or (f)  of Section 7611. 
   (2) Any interested party may bring an action at any time for the
purpose of determining the existence or nonexistence of the father
and child relationship presumed under subdivision (f) of Section
7611. 
   (c) Except as to cases coming within Chapter 1 (commencing with
Section 7540) of Part 2, an action to determine the existence of the
father and child relationship may be brought by the child or personal
representative of the child, the Department of Child Support
Services, the mother or the personal representative or a parent of
the mother if the mother has died or is a minor, a man alleged or
alleging himself to be the father, or the personal representative or
a parent of the alleged father if the alleged father has died or is a
minor.
   (d) (1) If a proceeding has been filed under Chapter 2 (commencing
with Section 7820) of Part 4, an action under subdivision (a) or (b)
shall be consolidated with that proceeding. The parental rights of
the presumed father shall be determined as set forth in Sections 7820
to 7829, inclusive.
   (2) If a proceeding pursuant to Section 7662 has been filed under
Chapter 5 (commencing with Section 7660), an action under subdivision
(c) shall be consolidated with that proceeding. The parental rights
of the alleged natural father shall be determined as set forth in
Section 7664.
   (3) The consolidated action under paragraph (1) or (2) shall be
heard in the court in which the proceeding under Section 7662 or
Chapter 2 (commencing with Section 7820) of Part 4 is filed, unless
the court finds, by clear and convincing evidence, that transferring
the action to the other court poses a substantial hardship to the
petitioner. Mere inconvenience does not constitute a sufficient basis
for a finding of substantial hardship. If the court determines there
is a substantial hardship, the consolidated action shall be heard in
the court in which the paternity action is filed.
   (e) (1) If any prospective adoptive parent who has physical
custody of the child, or any licensed California adoption agency that
has legal custody of the child, has not been joined as a party to an
action to determine the existence of a father and child relationship
under subdivision (a), (b), or (c), or an action for custody by the
alleged natural father, the court shall join the prospective adoptive
parent or licensed California adoption agency as a party upon
application or on its own motion, without the necessity of a motion
for joinder. A joined party shall not be required to pay a fee in
connection with this action.
   (2) If a man brings an action to determine paternity and custody
of a child who he has reason to believe is in the physical or legal
custody of an adoption agency, or of one or more persons other than
the child's mother who are prospective adoptive parents, he shall
serve his entire pleading on, and give notice of all proceedings to,
the adoption agency or the prospective adoptive parents, or both.
   (f) A party to an assisted reproduction agreement may bring an
action at any time to establish a parent and child relationship
consistent with the intent expressed in that assisted reproduction
agreement.
   (g) (1) In an action to determine the existence of the father and
child relationship brought pursuant to subdivision (b), if the child'
s other parent has died and there are no existing court orders or
pending court actions involving custody or guardianship of the child,
then the persons having physical custody of the child shall be
served with notice of the proceeding at least 15 days prior to the
hearing, either by mail or in any manner authorized by the court. If
any person identified as having physical custody of the child cannot
be located, the court shall prescribe the manner of giving notice.
   (2) If known to the person bringing the parentage action,
relatives within the second degree of the child shall be given notice
of the proceeding at least 15 days prior to the hearing, either by
mail or in any manner authorized by the court. If a person identified
as a relative of the second degree of the child cannot be located,
or his or her whereabouts are unknown or cannot be ascertained, the
court shall prescribe the manner of giving notice, or shall dispense
with giving notice to that person.
   (3) Proof of notice pursuant to this subdivision shall be filed
with the court before the proceeding to determine the existence of
the father and child relationship is heard.