AB 1650: Family law proceedings: custody, parentage, and adoption.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-10-13
Current Status:
Passed
(2023-10-13: Chaptered by Secretary of State - Chapter 851, Statutes of 2023.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
(1)Under existing law, a superior court has jurisdiction under California law to make judicial determinations regarding the custody and care of children within the meaning of the federal Immigration and Nationality Act. Existing law requires the court to make specified findings when making an order regarding special immigrant juvenile status pursuant to the act. Existing law authorizes those findings to be made at any point in a proceeding, as specified.
This bill, as of January 1, 2025, would, among other things, revise those provisions to allow the superior court jurisdiction regarding dependency and allow judicial determinations to be made for a child up to 21 years of age.
(2)Existing law, the Uniform Parentage Act, defines the parent and child relationship as the legal relationship existing between a child and the childs parents, and provides rebuttable presumptions as to the parentage of a child born under the circumstances of conception through assisted reproduction using donated ova, sperm, or both. The act defines assisted reproduction for these purposes to mean conception by any means other than sexual intercourse.
This bill would authorize persons who are not married to one another and who share legal control over the disposition of embryos created through assisted reproduction to enter into a written agreement whereby one person renounces all legal interest in the embryos, with the specific intent to not be a legal parent of any child conceived with use of the embryos, as specified. The bill would provide that upon execution of the agreement, the person who retains legal interest in and control over disposition of the embryos would have the sole right to determine the use and disposition of the embryos, and the renouncing person would be treated in law as a donor, and not a legal parent. The bill would authorize either party to file the agreement with the court, and would require the court to issue an order establishing the nonparentage of the donor.
(3)Existing law allows, in an adoption proceeding, for continuing contact between the birth relatives and a child if a postadoption contact agreement is entered into voluntarily and is in the best interests of the child at the time the adoption petition is granted. Existing law requires a petitioner who has entered into a postadoption contact agreement with the birth parent to attach the signed agreement to the adoption petition.
This bill would require petitioners for adoption to inform the court in writing, on a specified form, whether a postadoption contact agreement has been, or will be, entered into and if a postadoption contact agreement has been entered into, to provide a file-marked copy, as specified. This bill would additionally require the petitioner to file the agreement with the court before the adoption is finalized. The bill also would apply those provisions with respect to independent adoptions.
This bill would incorporate additional changes to Section 8616.5 of the Family Code proposed by AB 20 to be operative only if this bill and AB 20 are enacted and this bill is enacted last.
(1)Under existing law, a superior court has jurisdiction under California law to make judicial determinations regarding the custody and care of children within the meaning of the federal Immigration and Nationality Act. Existing law requires the court to make specified findings when making an order regarding special immigrant juvenile status pursuant to the act. Existing law authorizes those findings to be made at any point in a proceeding, as specified.
This bill, as of January 1, 2025, would, among other things, revise those provisions to allow the superior court jurisdiction regarding dependency and allow judicial determinations to be made for a child up to 21 years of age.
(2)Existing law, the Uniform Parentage Act, defines the parent and child relationship as the legal relationship existing between a child and the childs parents, and provides rebuttable presumptions as to the parentage of a child born under the circumstances of conception through assisted reproduction using donated ova, sperm, or both. The act defines assisted reproduction for these purposes to mean conception by any means other than sexual intercourse.
This bill would authorize persons who are not married to one another and who share legal control over the disposition of embryos created through assisted reproduction to enter into a written agreement whereby one person renounces all legal interest in the embryos, with the specific intent to not be a legal parent of any child conceived with use of the embryos, as specified. The bill would provide that upon execution of the agreement, the person who retains legal interest in and control over disposition of the embryos would have the sole right to determine the use and disposition of the embryos, and the renouncing person would be treated in law as a donor, and not a legal parent. The bill would authorize either party to file the agreement with the court, and would require the court to issue an order establishing the nonparentage of the donor.
(3)Existing law allows, in an adoption proceeding, for continuing contact between the birth relatives and a child if a postadoption contact agreement is entered into voluntarily and is in the best interests of the child at the time the adoption petition is granted. Existing law requires a petitioner who has entered into a postadoption contact agreement with the birth parent to attach the signed agreement to the adoption petition.
This bill would require petitioners for adoption to inform the court in writing, on a specified form, whether a postadoption contact agreement has been, or will be, entered into and if a postadoption contact agreement has been entered into, to provide a file-marked copy, as specified. This bill would additionally require the petitioner to file the agreement with the court before the adoption is finalized. The bill also would apply those provisions with respect to independent adoptions.
This bill would incorporate additional changes to Section 8616.5 of the Family Code proposed by AB 20 to be operative only if this bill and AB 20 are enacted and this bill is enacted last.
(1)Under existing law, a superior court has jurisdiction under California law to make judicial determinations regarding the custody and care of children within the meaning of the federal Immigration and Nationality Act. Existing law requires the court to make specified findings when making an order regarding special immigrant juvenile status pursuant to the act. Existing law authorizes those findings to be made at any point in a proceeding, as specified.
This bill, as of January 1, 2025, would, among other things, revise those provisions to allow the superior court jurisdiction regarding dependency and allow judicial determinations to be made for a child up to 21 years of age.
(2)Existing law, the Uniform Parentage Act, defines the parent and child relationship as the legal relationship existing between a child and the childs parents, and provides rebuttable presumptions as to the parentage of a child born under the circumstances of conception through assisted reproduction using donated ova, sperm, or both. The act defines assisted reproduction for these purposes to mean conception by any means other than sexual intercourse.
This bill would authorize persons who are not married to one another and who share legal control over the disposition of embryos created through assisted reproduction to enter into a written agreement whereby one person renounces all legal interest in the embryos, with the specific intent to not be a legal parent of any child conceived with use of the embryos, as specified. The bill would provide that upon execution of the agreement, the person who retains legal interest in and control over disposition of the embryos would have the sole right to determine the use and disposition of the embryos, and the renouncing person would be treated in law as a donor, and not a legal parent. The bill would authorize either party to file the agreement with the court, and would require the court to issue an order establishing the nonparentage of the donor.
(3)Existing law allows, in an adoption proceeding, for continuing contact between the birth relatives and a child if a postadoption contact agreement is entered into voluntarily and is in the best interests of the child at the time the adoption petition is granted. Existing law requires a petitioner who has entered into a postadoption contact agreement with the birth parent to attach the signed agreement to the adoption petition.
This bill would require petitioners for adoption to inform the court in writing, on a specified form, whether a postadoption contact agreement has been, or will be, entered into and if a postadoption contact agreement has been entered into, to provide a file-marked copy, as specified. This bill would additionally require the petitioner to file the agreement with the court before the adoption is finalized. The bill also would apply those provisions with respect to independent adoptions.
This bill would incorporate additional changes to Section 8616.5 of the Family Code proposed by AB 20 to be operative only if this bill and AB 20 are enacted and this bill is enacted last.
(1)Under existing law, a superior court has jurisdiction under California law to make judicial determinations regarding the custody and care of children within the meaning of the federal Immigration and Nationality Act. Existing law requires the court to make specified findings when making an order regarding special immigrant juvenile status pursuant to the act. Existing law authorizes those findings to be made at any point in a proceeding, as specified.
This bill, as of January 1, 2025, would would, among other things, revise those provisions to allow the findings allow the superior court jurisdiction regarding dependency and allow judicial determinations to be made for a child up to 21 years of age, and would additionally allow the findings to be made nunc pro tunc, as specified. age.
(2)Existing law, the Uniform Parentage Act, defines the parent and child relationship as the legal relationship existing between a child and the childs parents, and provides rebuttable presumptions as to the parentage of a child born under the circumstances of conception through assisted reproduction using donated ova, sperm, or both. The act defines assisted reproduction for these purposes to mean conception by any means other than sexual intercourse.
This bill would authorize persons who are not married to one another and who share legal control over the disposition of embryos created through assisted reproduction to enter into a written agreement whereby one person renounces all legal interest in the embryos, with the specific intent to not be a legal parent of any child conceived with use of the embryos, as specified. The bill would provide that upon execution of the agreement, the person who retains legal interest in and control over disposition of the embryos would have the sole right to determine the use and disposition of the embryos, and the renouncing person would be treated in law as a donor, and not a legal parent. The bill would authorize either party to file the agreement with the court, and would require the court to issue an order establishing the nonparentage of the donor.
(3)Existing law allows, in an adoption proceeding, for continuing contact between the birth relatives and a child if a postadoption contact agreement is entered into voluntarily and is in the best interests of the child at the time the adoption petition is granted. Existing law requires a petitioner who has entered into a postadoption contact agreement with the birth parent to attach the signed agreement to the adoption petition.
This bill would require petitioners for adoption to inform the court in writing, on a specified form, whether a postadoption contact agreement has been, or will be, entered into and if a postadoption contact agreement has been entered into, to provide a file-marked copy, as specified. This bill would additionally require the petitioner to file the agreement with the court before the adoption is finalized. The bill also would apply those provisions with respect to independent adoptions.
(1)Under existing law, a superior court has jurisdiction under California law to make judicial determinations regarding the custody and care of children within the meaning of the federal Immigration and Nationality Act. Existing law requires the court to make specified findings when making an order regarding special immigrant juvenile status pursuant to the act. Existing law authorizes those findings to be made at any point in a proceeding, as specified.
This bill bill, as of January 1, 2025, would revise those provisions to allow the findings to be made for a child up to 21 years of age, and would additionally allow the findings to be made nunc pro tunc. The bill would provide that a nunc pro tunc entry of the findings need only require evidence that the relevant facts were true as of the requested nunc pro tunc date, and that it is in the childs best interests to enter the findings nunc pro tunc. tunc, as specified.
(2)Existing law, the Uniform Parentage Act, defines the parent and child relationship as the legal relationship existing between a child and the childs parents, and provides rebuttable presumptions as to the parentage of a child born under the circumstances of conception through assisted reproduction using donated ova, sperm, or both. The act defines assisted reproduction for these purposes to mean conception by any means other than sexual intercourse.
This bill would authorize persons who are not married to one another and who share legal control over the disposition of embryos created through assisted reproduction to enter into a written agreement whereby one person renounces all legal interest in the embryos, with the specific intent to not be a legal parent of any child conceived with use of the embryos, as specified. The bill would provide that upon execution of the agreement, the person who retains legal interest in and control over disposition of the embryos would have the sole right to determine the use and disposition of the embryos, and the renouncing person would be treated in law as a donor, and not a legal parent. The bill would authorize either party to file the agreement with the court, and would require the court to issue an order establishing the nonparentage of the donor.
(3)Existing law relating to adoption, including agency adoptions, international adoptions or readoptions, and stepparent adoptions, Existing law allows, in an adoption proceeding, for continuing contact between the birth relatives and a child if a postadoption contact agreement is entered into voluntarily and is in the best interests of the child at the time the adoption petition is granted. Existing law requires a petitioner who has entered into a postadoption contact agreement with the birth parent to attach the signed agreement to the adoption petition.
This bill would additionally require petitioners for adoption to inform the court in writing, on a specified form, whether a postadoption contact agreement has been, or will be, entered into and if a postadoption contact agreement has been entered into, to provide a file-marked copy, as specified. This bill would additionally require the petitioner to file the agreement with the court before the adoption is finalized. If the petitioner fails to file the agreement by that time, the bill would authorize any other party to the agreement to file the agreement with the court at any time during the childs minority. The bill also would apply those provisions with respect to independent adoptions.
(1)Under existing law, a superior court has jurisdiction under California law to make judicial determinations regarding the custody and care of children within the meaning of the federal Immigration and Nationality Act. Existing law requires the court to make specified findings when making an order regarding special immigrant juvenile status pursuant to the act. Existing law authorizes those findings to be made at any point in a proceeding, as specified.
This bill would revise those provisions to allow the findings to be made for a child up to 21 years of age, and would additionally allow the findings to be made nunc pro tunc. The bill would provide that a nunc pro tunc entry of the findings need only require evidence that the relevant facts were true as of the requested nunc pro tunc date, and that it is in the childs best interests to enter the findings nunc pro tunc.
(2)Existing law, the Uniform Parentage Act, defines the parent and child relationship as the legal relationship existing between a child and the childs parents, and provides rebuttable presumptions as to the parentage of a child born under the circumstances of conception through assisted reproduction using donated ova, sperm, or both. The act defines assisted reproduction for these purposes to mean conception by any means other than sexual intercourse.
This bill would authorize persons who are not married to one another and who share legal control over the disposition of embryos created through assisted reproduction to enter into a written agreement whereby one person renounces all legal interest in the embryos, with the specific intent to not be a legal parent of any child conceived with use of the embryos, as specified. The bill would provide that upon execution of the agreement, the person who retains legal interest in and control over disposition of the embryos would have the sole right to determine the use and disposition of the embryos, and the renouncing person would be treated in law as a donor, and not a legal parent. The bill would authorize either party to file the agreement with the court, and would require the court to issue an order establishing the nonparentage of the donor.
(3)Existing law relating to adoption, including agency adoptions, international adoptions or readoptions, and stepparent adoptions, requires a petitioner who has entered into a postadoption contact agreement with the birth parent to attach the signed agreement to the adoption petition.
This bill instead would would additionally require the petitioner to file the agreement with the court before the adoption is finalized. If the petitioner fails to file the agreement by that time, the bill would authorize any other party to the agreement to file the agreement with the court at any time during the childs minority. The bill also would apply those provisions with respect to independent adoptions.
(1)Under existing law, a superior court has jurisdiction under California law to make judicial determinations regarding the custody and care of children within the meaning of the federal Immigration and Nationality Act. Existing law requires the court to make specified findings when making an order regarding special immigrant juvenile status pursuant to the act. Existing law authorizes those findings to be made at any point in a proceeding, as specified.
This bill would revise those provisions to allow the findings to be made for a child up to 21 years of age, and would additionally allow the findings to be made nunc pro tunc. The bill would provide that a nunc pro tunc entry of the findings need only require evidence that the relevant facts were true as of the requested nunc pro tunc date, and that it is in the childs best interests to enter the findings nunc pro tunc.
(2)Existing law, the Uniform Parentage Act, defines the parent and child relationship as the legal relationship existing between a child and the childs parents, and provides rebuttable presumptions as to the parentage of a child born under the circumstances of conception through assisted reproduction using donated ova, sperm, or both. The act defines assisted reproduction for these purposes to mean conception by any means other than sexual intercourse.
This bill would authorize persons who are not married to one another and who share legal control over the disposition of embryos created through assisted reproduction to enter into a written agreement whereby one person renounces all legal interest in the embryos, with the specific intent to not be a legal parent of any child conceived with use of the embryos, as specified. The bill would provide that upon execution of the agreement, the person who retains legal interest in and control over disposition of the embryos would have the sole right to determine the use and disposition of the embryos, and the renouncing person would be treated in law as a donor, and not a legal parent. The bill would authorize either party to file the agreement with the court, and would require the court to issue an order establishing the nonparentage of the donor.
(3)Existing law relating to adoption, including agency adoptions, international adoptions or readoptions, and stepparent adoptions, requires a petitioner who has entered into a postadoption contact agreement with the birth parent to attach the signed agreement to the adoption petition.
This bill instead would require the petitioner to file the agreement with the court before the adoption is finalized. If the petitioner fails to file the agreement by that time, the bill would authorize any other party to the agreement to file the agreement with the court at any time during the childs minority. The bill also would apply those provisions with respect to independent adoptions.
(a)(1)A superior court has jurisdiction under California law to make judicial determinations regarding the custody and care of children within the meaning of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101 et seq. and 8 C.F.R. Sec. 204.11), which includes, but is not limited to, the juvenile, probate, and family court divisions of the superior court. These courts have jurisdiction to make the factual findings necessary to enable a child to petition the United States Citizenship and Immigration Services for classification as a special immigrant juvenile pursuant to Section 1101(a)(27)(J) of Title 8 of the United States Code.
(2)The factual findings set forth in paragraph (1) of subdivision (b) may be made at any point in a proceeding regardless of the division of the superior court or type of proceeding if the prerequisites of that subdivision are met.
(b)(1)If an order is requested from the superior court making the necessary findings regarding special immigrant juvenile status pursuant to Section 1101(a)(27)(J) of Title 8 of the United States Code, and there is evidence to support those findings, which may consist solely of, but is not limited to, a declaration by the child who is the subject of the petition, the court shall issue the order, which shall include all of the following findings:
(A)The child was either of the following:
(i)Declared a dependent of the court.
(ii)Legally committed to, or placed under the custody of, a state agency or department, or an individual or entity appointed by the court. The court shall indicate the date on which the dependency, commitment, or custody was ordered.
(B)That reunification of the child with one or both of the childs parents was determined not to be viable because of abuse, neglect, abandonment, or a similar basis pursuant to California law. The court shall indicate the date on which reunification was determined not to be viable.
(C)That it is not in the best interest of the child to be returned to the childs, or the childs parents, previous country of nationality or country of last habitual residence.
(2)The superior court may make additional findings under this section that are supported by evidence only if requested by a party. The asserted, purported, or perceived motivation of the child seeking classification as a special immigrant juvenile shall not be admissible in making the findings under this section. The court shall not include nor reference the asserted, purported, or perceived motivation of the child seeking classification as a special immigrant juvenile in the courts findings under this section.
(c)In any judicial proceedings in response to a request that the superior court make the findings necessary to support a petition for classification as a special immigrant juvenile, information regarding the childs immigration status that is not otherwise protected by state confidentiality laws shall remain confidential and shall be available for inspection only by the court, the child who is the subject of the proceeding, the parties, the attorneys for the parties, the childs counsel, and the childs guardian.
(d)In any judicial proceedings in response to a request that the superior court make the findings necessary to support a petition for classification as a special immigrant juvenile, records of the proceedings that are not otherwise protected by state confidentiality laws may be sealed using the procedure set forth in California Rules of Court 2.550 and 2.551.
(e)The Judicial Council shall adopt any rules and forms needed to implement this section.
(f)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 2.Section 155 is added to the Code of Civil Procedure, to read:155.(a)(1)A superior court has jurisdiction under California law to make judicial determinations regarding the dependency or custody, or both, and care of children within the meaning of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101 et seq. and 8 C.F.R. Sec. 204.11), which includes, but is not limited to, the juvenile, probate, and family court divisions of the superior court. These courts have jurisdiction to make the judicial determinations necessary to enable a child to petition the United States Citizenship and Immigration Services for classification as a special immigrant juvenile pursuant to Section 1101(a)(27)(J) of Title 8 of the United States Code.
(2)The judicial determinations set forth in paragraph (1) of subdivision (b) may be made for a child up to 21 years of age at any point in a proceeding regardless of the division of the superior court or type of proceeding if the prerequisites of that subdivision are met. A nunc pro tunc entry is permissible and shall not require proof of any clerical or other error, as long as the determinations could have been made as of the nunc pro tunc date.
(b)(1)If an order is requested from the superior court making the necessary determinations regarding special immigrant juvenile status pursuant to Section 1101(a)(27)(J) of Title 8 of the United States Code, and there is evidence to support those determinations, which may consist solely of, but is not limited to, a declaration by the child who is the subject of the petition, the court shall issue the order, which shall include all of the following determinations, each of which shall be supported by reference to the relevant provisions of California law:
(A)The child was either of the following:
(i)Declared a dependent of the court.
(ii)Legally committed to, or placed under the custody of, a state agency or department, or an individual or entity appointed by the court. The court shall indicate the date on which the dependency, commitment, or custody was ordered and the factual basis for making the order.
(B)That reunification of the child with one or both of the childs parents was determined not to be viable because of abuse, neglect, abandonment, or a similar basis pursuant to California law. The court shall indicate the date on which reunification was determined not to be viable, and the factual basis for making the determination.
(C)That it is not in the best interest of the child to be returned to the childs, or the childs parents, previous country of nationality or country of last habitual residence. The court shall indicate the factual basis for making the determination.
(2)The superior court may make additional determinations pursuant to this section that are supported by evidence only if requested by a party. The asserted, purported, or perceived motivation of the child seeking classification as a special immigrant juvenile shall not be admissible in making the findings under this section. The court shall not include nor reference the asserted, purported, or perceived motivation of the child seeking classification as a special immigrant juvenile in the courts findings under this section.
(c)In any judicial proceedings in response to a request that the superior court make the determinations necessary to support a petition for classification as a special immigrant juvenile, information regarding the childs immigration status that is not otherwise protected by state confidentiality laws shall remain confidential and shall be available for inspection only by the court, the child who is the subject of the proceeding, the parties, the attorneys for the parties, the childs counsel, and the childs guardian.
(d)In any judicial proceedings in response to a request that the superior court make the findings necessary to support a petition for classification as a special immigrant juvenile, records of the proceedings that are not otherwise protected by state confidentiality laws may be sealed using the procedure set forth in California Rules of Court 2.550 and 2.551.
(e)This section shall be operative on January 1, 2025.
SEC. 3.Section 7551 of the Family Code is amended 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 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.
(c)A court shall not order in utero 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. 4.Section 7573.5 of the Family Code is amended 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 donor pursuant to Section 7613.
(6)The person seeking to establish parentage asserts that the person 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. 5.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 who is not the womans spouse, with the consent of another intended parent, that intended parent is treated in law as if that intended parent is the natural parent of a child thereby conceived. The other intended parents 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 donors spouse is treated in law as if the donor is not the natural parent of a child thereby conceived, unless the donor and the woman signed a written agreement before the conception of the child, that the donor would be a parent.
(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 donors spouse is treated in law as if the donor is not the natural parent of a child thereby conceived if either of the following are met:
(A)The donor and the woman signed a written agreement before 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.
(c)A person providing ova for use in assisted reproduction by a person other than the providers spouse or nonmarital partner is treated in law as if the provider is not the natural parent of a child thereby conceived unless the court finds satisfactory evidence that the provider of the ova, and each recipient, intended for that provider to have parental rights.
(d)(1)A provider of an embryo for use in assisted reproduction to an intended parent who is not the providers spouse or nonmarital partner is treated in law as if the provider is not the natural parent of a child thereby conceived unless the court finds satisfactory evidence that the provider and the intended parent intended for the provider to be a parent.
(2)If the provider of ova, semen, or embryos is not the original source of the ova or sperm, each original providers written consent to the donation is required unless that person has executed a writing to consent to the donation, or to waive or relinquish their right to the genetic material, or as otherwise ordered by a court of law.
(e)(1)Notwithstanding any other law, persons who are not married to one another and who share legal control over the disposition of embryos shall not be prevented from entering into a written agreement whereby one person renounces all legal interest in the embryos, with the specific intent that the person renouncing all legal interest shall not be a legal parent of any child conceived with use of the embryos, despite any prior oral or written agreements, or legal judgments to the contrary. After that interest has been renounced in a writing signed by all persons with legal interest in or control over disposition of the embryos, the renouncing person shall be treated in law as a donor, and not a legal parent. Upon execution of that agreement, the person who retains legal interest in and control over disposition of the embryos shall have the sole right to determine the use and disposition of the embryos, including the right to attempt conception of a child, subject to any limitation pursuant to paragraph (2) of subdivision (d). Either party may file the agreement with the court, and the court shall issue an order establishing the nonparentage of the donor.
(2)If persons who share legal control over and interest in one or more embryos are married to one another at the time of signing the agreement, the agreement shall only become legally binding upon the courts entry of a final decree of dissolution that incorporates the agreement, after which the presumptions pursuant to Section 7540 or subdivisions (a), (b), or (c) of Section 7611 shall not apply.
SEC. 6.Section 8616.5 of the Family Code is amended to read:8616.5.(a)The Legislature finds and declares that some adoptive children may benefit from either direct or indirect contact with birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, after being adopted. Postadoption contact agreements are intended to ensure children of an achievable level of continuing contact when contact is beneficial to the children and the agreements are voluntarily executed by birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, and adoptive parents. Nothing in this section requires all of the listed parties to participate in the development of a postadoption contact agreement in order for the agreement to be executed.
(b)(1)Nothing in the adoption laws of this state shall be construed to prevent the adopting parent or parents, the birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, and the child from voluntarily executing a written agreement to permit continuing contact between the birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, and the child if the agreement is found by the court to have been executed voluntarily and to be in the best interests of the child at the time the adoption petition is granted.
(2)The terms of any postadoption contact agreement executed under this section shall be limited to, but need not include, all of the following:
(A)Provisions for visitation between the child and a birth parent or parents and other birth relatives, including siblings, and the childs Indian tribe if the case is governed by the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(B)Provisions for future contact between a birth parent or parents or other birth relatives, including siblings, or both, and the child or an adoptive parent, or both, and in cases governed by the Indian Child Welfare Act, the childs Indian tribe.
(C)Provisions for the sharing of information about the child in the future.
(3)The terms of any postadoption contact agreement with birth relatives, including siblings, other than the childs birth parent or parents shall be limited to the sharing of information about the child, unless the child has a preexisting relationship with the birth relative.
(c)At the time an adoption decree is entered pursuant to a petition filed pursuant to Section 8714, 8714.5, 8802, 8912, or 9000, the court entering the decree may grant postadoption privileges if an agreement for those privileges has been executed, including agreements executed pursuant to subdivision (f) of Section 8620. The hearing to grant the adoption petition and issue an order of adoption may be continued as necessary to permit parties who are in the process of negotiating a postadoption agreement to reach a final agreement.
(d)The child who is the subject of the adoption petition shall be considered a party to the postadoption contact agreement. The written consent to the terms and conditions of the postadoption contact agreement and any subsequent modifications of the agreement by a child who is 12 years of age or older is a necessary condition to the granting of privileges regarding visitation, contact, or sharing of information about the child, unless the court finds by a preponderance of the evidence that the agreement, as written, is in the best interests of the child. Any child who has been found to come within Section 300 of the Welfare and Institutions Code or who is the subject of a petition for jurisdiction of the juvenile court under Section 300 of the Welfare and Institutions Code shall be represented by an attorney for purposes of consent to the postadoption contact agreement.
(e)A postadoption contact agreement shall contain the following warnings in bold type:
(1)After the adoption petition has been granted by the court, the adoption cannot be set aside due to the failure of an adopting parent, a birth parent, a birth relative, including a sibling, an Indian tribe, or the child to follow the terms of this agreement or a later change to this agreement.
(2)A disagreement between the parties or litigation brought to enforce or modify the agreement shall not affect the validity of the adoption and shall not serve as a basis for orders affecting the custody of the child.
(3)A court will not act on a petition to change or enforce this agreement unless the petitioner has participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings to resolve the dispute.
(f)Upon the granting of the adoption petition and the issuing of the order of adoption of a child who is a dependent of the juvenile court, juvenile court dependency jurisdiction shall be terminated. Enforcement of the postadoption contact agreement shall be under the continuing jurisdiction of the court granting the petition of adoption. The court may not order compliance with the agreement absent a finding that the party seeking the enforcement participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings regarding the conflict, prior to the filing of the enforcement action, and that the enforcement is in the best interests of the child. Documentary evidence or offers of proof may serve as the basis for the courts decision regarding enforcement. No testimony or evidentiary hearing shall be required. The court shall not order further investigation or evaluation by any public or private agency or individual absent a finding by clear and convincing evidence that the best interests of the child may be protected or advanced only by that inquiry and that the inquiry will not disturb the stability of the childs home to the detriment of the child.
(g)The court may not award monetary damages as a result of the filing of the civil action pursuant to subdivision (e).
(h)A postadoption contact agreement may be modified or terminated only if either of the following occurs:
(1)All parties, including the child if the child is 12 years of age or older at the time of the requested termination or modification, have signed a modified postadoption contact agreement and the agreement is filed with the court that granted the petition of adoption.
(2)The court finds all of the following:
(A)The termination or modification is necessary to serve the best interests of the child.
(B)There has been a substantial change of circumstances since the original agreement was executed and approved by the court.
(C)The party seeking the termination or modification has participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings prior to seeking court approval of the proposed termination or modification.
Documentary evidence or offers of proof may serve as the basis for the courts decision. No testimony or evidentiary hearing shall be required. The court shall not order further investigation or evaluation by any public or private agency or individual absent a finding by clear and convincing evidence that the best interests of the child may be protected or advanced only by that inquiry and that the inquiry will not disturb the stability of the childs home to the detriment of the child.
(i)All costs and fees of mediation or other appropriate dispute resolution proceedings shall be borne by each party, excluding the child. All costs and fees of litigation shall be borne by the party filing the action to modify or enforce the agreement when no party has been found by the court as failing to comply with an existing postadoption contact agreement. Otherwise, a party, other than the child, found by the court as failing to comply without good cause with an existing agreement shall bear all the costs and fees of litigation.
(j)The Judicial Council shall adopt rules of court and forms for motions to enforce, terminate, or modify postadoption contact agreements.
(k)The court shall not set aside a decree of adoption, rescind a relinquishment, or modify an order to terminate parental rights or any other prior court order because of the failure of a birth parent, adoptive parent, birth relative, including a sibling, an Indian tribe, or the child to comply with any or all of the original terms of, or subsequent modifications to, the postadoption contact agreement, except as follows:
(1)Prior to issuing the order of adoption, in an adoption involving an Indian child, the court may, upon a petition of the birth parent, birth relative, including a sibling, or an Indian tribe, order the parties to engage in family mediation services for the purpose of reaching a postadoption contact agreement if the prospective adoptive parent fails to negotiate in good faith to execute a postadoption contact agreement, after having agreed to enter into negotiations, provided that the failure of the parties to reach an agreement is not in and of itself proof of bad faith.
(2)Prior to issuing the order of adoption, if the parties fail to negotiate in good faith to execute a postadoption contact agreement during the negotiations entered into pursuant to, and in accordance with, paragraph (1), the court may modify prior orders or issue new orders as necessary to ensure the best interest of the Indian child is met, including, but not limited to, requiring parties to engage in further family mediation services for the purpose of reaching a postadoption contact agreement, initiating guardianship proceeding in lieu of adoption, or authorizing a change of adoptive placement for the child.
(l)As used in this section, sibling means a person related to the identified child by blood, adoption, or affinity through a common legal or biological parent.
(m)(1)In every adoption, each petitioner shall inform the court in writing, on ADOPT-200, whether that petitioner has entered, or has agreed to enter into a postadoption contact agreement with any person or persons.
(2)(A)If a postadoption contact agreement has been entered into, the terms of the agreement shall be set forth on or attached to ADOPT-310 and that form shall be signed by all adult parties to the agreement, and if applicable pursuant to subdivision (d), by the child who is the subject of the adoption.
(B)Prior to finalization of the adoption, the petitioner shall file this form and any attachments with the court. The petitioner shall provide a file-marked copy of the form to all signatories to the agreement, and to any licensed adoption agency that placed the child for adoption or consented to the adoption, within 30 days of the petitioners receipt of the file-marked copy.
SEC. 6.5.Section 8616.5 of the Family Code is amended to read:8616.5.(a)The Legislature finds and declares that some adoptive children may benefit from either direct or indirect contact with birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, after being adopted. Postadoption contact agreements are intended to ensure children of an achievable level of continuing contact when contact is beneficial to the children and the agreements are voluntarily executed by birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, and adoptive parents. Nothing in this section requires all of the listed parties to participate in the development of a postadoption contact agreement in order for the agreement to be executed.
(b)(1)Nothing in the adoption laws of this state shall be construed to prevent the adopting parent or parents, the birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, and the child from voluntarily executing a written agreement to permit continuing contact between the birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, and the child if the agreement is found by the court to have been executed voluntarily and to be in the best interests of the child at the time the adoption petition is granted.
(2)The terms of any postadoption contact agreement executed under this section shall be limited to, but need not include, all of the following:
(A)Provisions for visitation between the child and a birth parent or parents and other birth relatives, including siblings, and the childs Indian tribe if the case is governed by the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(B)Provisions for future contact between a birth parent or parents or other birth relatives, including siblings, or both, and the child or an adoptive parent, or both, and in cases governed by the Indian Child Welfare Act, the childs Indian tribe.
(C)Provisions for the sharing of information about the child in the future.
(3)The terms of any postadoption contact agreement with birth relatives, other than the childs birth parent or parents or siblings, shall be limited to the sharing of information about the child, unless the child has a preexisting relationship with the birth relative.
(c)At the time an adoption decree is entered pursuant to a petition filed pursuant to Section 8714, 8714.5, 8802, 8912, or 9000, the court entering the decree may grant postadoption privileges if an agreement for those privileges has been executed, including agreements executed pursuant to subdivision (f) of Section 8620. The hearing to grant the adoption petition and issue an order of adoption may be continued as necessary to permit parties who are in the process of negotiating a postadoption agreement to reach a final agreement.
(d)The child who is the subject of the adoption petition shall be considered a party to the postadoption contact agreement. The written consent to the terms and conditions of the postadoption contact agreement and any subsequent modifications of the agreement by a child who is 12 years of age or older is a necessary condition to the granting of privileges regarding visitation, contact, or sharing of information about the child, unless the court finds by a preponderance of the evidence that the agreement, as written, is in the best interests of the child. Any child who has been found to come within Section 300 of the Welfare and Institutions Code or who is the subject of a petition for jurisdiction of the juvenile court under Section 300 of the Welfare and Institutions Code shall be represented by an attorney for purposes of consent to the postadoption contact agreement.
(e)A postadoption contact agreement shall contain the following warnings in bold type:
(1)After the adoption petition has been granted by the court, the adoption cannot be set aside due to the failure of an adopting parent, a birth parent, a birth relative, including a sibling, an Indian tribe, or the child to follow the terms of this agreement or a later change to this agreement.
(2)A disagreement between the parties or litigation brought to enforce or modify the agreement shall not affect the validity of the adoption and shall not serve as a basis for orders affecting the custody of the child.
(3)A court will not act on a petition to change or enforce this agreement unless the petitioner has participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings to resolve the dispute.
(f)Upon the granting of the adoption petition and the issuing of the order of adoption of a child who is a dependent of the juvenile court, juvenile court dependency jurisdiction shall be terminated. Enforcement of the postadoption contact agreement shall be under the continuing jurisdiction of the court granting the petition of adoption. The court shall not order compliance with the agreement absent a finding that the party seeking the enforcement participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings regarding the conflict, prior to the filing of the enforcement action, and that the enforcement is in the best interests of the child. Documentary evidence or offers of proof may serve as the basis for the courts decision regarding enforcement. No testimony or evidentiary hearing shall be required. The court shall not order further investigation or evaluation by any public or private agency or individual absent a finding by clear and convincing evidence that the best interests of the child may be protected or advanced only by that inquiry and that the inquiry will not disturb the stability of the childs home to the detriment of the child.
(g)The court may not award monetary damages as a result of the filing of the civil action pursuant to subdivision (e).
(h)A postadoption contact agreement may be modified or terminated only if either of the following occurs:
(1)All parties, including the child if the child is 12 years of age or older at the time of the requested termination or modification, have signed a modified postadoption contact agreement and the agreement is filed with the court that granted the petition of adoption.
(2)The court finds all of the following:
(A)The termination or modification is necessary to serve the best interests of the child.
(B)There has been a substantial change of circumstances since the original agreement was executed and approved by the court.
(C)The party seeking the termination or modification has participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings prior to seeking court approval of the proposed termination or modification.
Documentary evidence or offers of proof may serve as the basis for the courts decision. No testimony or evidentiary hearing shall be required. The court shall not order further investigation or evaluation by any public or private agency or individual absent a finding by clear and convincing evidence that the best interests of the child may be protected or advanced only by that inquiry and that the inquiry will not disturb the stability of the childs home to the detriment of the child.
(i)All costs and fees of mediation or other appropriate dispute resolution proceedings shall be borne by each party, excluding the child. All costs and fees of litigation shall be borne by the party filing the action to modify or enforce the agreement when no party has been found by the court as failing to comply with an existing postadoption contact agreement. Otherwise, a party, other than the child, found by the court as failing to comply without good cause with an existing agreement shall bear all the costs and fees of litigation.
(j)The Judicial Council shall adopt rules of court and forms for motions to enforce, terminate, or modify postadoption contact agreements.
(k)The court shall not set aside a decree of adoption, rescind a relinquishment, or modify an order to terminate parental rights or any other prior court order because of the failure of a birth parent, adoptive parent, birth relative, including a sibling, an Indian tribe, or the child to comply with any or all of the original terms of, or subsequent modifications to, the postadoption contact agreement, except as follows:
(1)Prior to issuing the order of adoption, in an adoption involving an Indian child, the court may, upon a petition of the birth parent, birth relative, including a sibling, or an Indian tribe, order the parties to engage in family mediation services for the purpose of reaching a postadoption contact agreement if the prospective adoptive parent fails to negotiate in good faith to execute a postadoption contact agreement, after having agreed to enter into negotiations, provided that the failure of the parties to reach an agreement is not in and of itself proof of bad faith.
(2)Prior to issuing the order of adoption, if the parties fail to negotiate in good faith to execute a postadoption contact agreement during the negotiations entered into pursuant to, and in accordance with, paragraph (1), the court may modify prior orders or issue new orders as necessary to ensure the best interest of the Indian child is met, including, but not limited to, requiring parties to engage in further family mediation services for the purpose of reaching a postadoption contact agreement, initiating guardianship proceedings in lieu of adoption, or authorizing a change of adoptive placement for the child.
(l)As used in this section, sibling means a person related to the identified child by blood, adoption, or affinity through a common legal or biological parent.
(m)(1)In every adoption, each petitioner shall inform the court in writing, on ADOPT-200, whether that petitioner has entered, or has agreed to enter into a postadoption contact agreement with any person or persons.
(2)(A)If a postadoption contact agreement has been entered into, the terms of the agreement shall be set forth on or attached to ADOPT-310 and that form shall be signed by all adult parties to the agreement, and if applicable pursuant to subdivision (d), by the child who is the subject of the adoption.
(B)Prior to finalization of the adoption, the petitioner shall file this form and any attachments with the court. The petitioner shall provide a file-marked copy of the form to all signatories to the agreement, and to any licensed adoption agency that placed the child for adoption or consented to the adoption, within 30 days of the petitioners receipt of the file-marked copy.
SEC. 7.Section 8714 of the Family Code is amended to read:8714.(a)A person desiring to adopt a nondependent child may for that purpose file an adoption request in a county authorized by Section 8609.5. A person desiring to adopt a child who has been adjudged to be a dependent of the juvenile court pursuant to Section 300 of the Welfare and Institutions Code, freed for adoption by the juvenile court, and placed for adoption with the petitioner, may file the adoption request either in the county where the petitioner resides or in the county where the child was freed for adoption.
(b)The court clerk shall immediately notify the department at Sacramento in writing of the pendency of the proceeding and of any subsequent action taken.
(c)If the petitioner has entered into a postadoption contact agreement as set forth in Section 8616.5, the petitioner shall file the agreement, signed by the participating parties, with the court before the adoption is finalized.
(d)The caption of the adoption petition shall contain the names of the petitioners, but not the childs name. The petition shall state the childs sex and date of birth. The name the child had before adoption shall appear in the joinder signed by the licensed adoption agency.
(e)If the child is the subject of a guardianship petition, the adoption petition shall so state and shall include the caption and docket number or have attached a copy of the letters of the guardianship or temporary guardianship. The petitioners shall notify the court of any petition for guardianship or temporary guardianship filed after the adoption petition. The guardianship proceeding shall be consolidated with the adoption proceeding.
(f)The order of adoption shall contain the childs adopted name and the name the child had before adoption.
SEC. 8.Section 8802 of the Family Code is amended to read:8802.(a) Any of the following adult persons who desire to adopt a child may, for that purpose, file an adoption request in a county authorized by Section 8609.5:
(1)A person who is related to the child or the childs half sibling by blood or affinity, including all relatives whose status is preceded by the words step, great, great-great, or grand, or the spouse of any of these persons, even if the marriage was terminated by death or dissolution.
(2)A person named in the will of a deceased parent as an intended adoptive parent where the child has no other parent.
(3)A person with whom a child has been placed for adoption, in which case a copy of the independent adoption placement agreement shall be attached to the petition.
(4)A person who has been the childs legal guardian for more than one year. However, if the guardian was nominated by a parent for a purpose other than adoption and for a specified time period, or if the guardianship was established pursuant to Section 360 of the Welfare and Institutions Code, the guardianship shall have been in existence for at least three years, unless parental rights have already been terminated.
(5)If the child is alleged to have been abandoned pursuant to Section 7822, a person who has been the childs legal guardian for more than six months. The legal guardian may file a petition pursuant to Section 7822 in the same court and concurrently with the adoption request.
(6)A person named in a court order terminating parental rights as the childs legal guardian or prospective adoptive parent.
(b)The court clerk shall immediately notify the department in Sacramento in writing of the pendency of the proceeding and of any subsequent action taken.
(c)The adoption request shall contain an allegation that the petitioners will file promptly with the department or delegated county adoption agency information required by the department in the investigation of the proposed adoption. The omission of the allegation from the adoption request does not affect the jurisdiction of the court to proceed or the validity of an adoption order or other order based on the adoption request.
(d)The caption of the adoption request shall contain the names of the petitioners, but not the childs name. The body of the adoption request shall state the childs sex and date of birth and the name the child had before adoption.
(e)If the child is the subject of a guardianship petition, the adoption request shall so state and shall include the caption and docket number or have attached a copy of the letters of the guardianship or temporary guardianship. The petitioners shall notify the court of any petition for guardianship or temporary guardianship filed after the adoption request. The guardianship proceeding shall be consolidated with the adoption proceeding, and the consolidated case shall be heard and decided in the court in which the adoption is pending.
(f)If the petitioner has entered into a postadoption contact agreement as set forth in Section 8616.5, the petitioner shall file the agreement, signed by the participating parties, with the court before the adoption is finalized.
(g)The order of adoption shall contain the childs adopted name and the name the child had before adoption.
SEC. 9.Section 8912 of the Family Code is amended to read:8912.(a)An international adoption or readoption request may be filed by a resident of this state in a county authorized by Section 8609.5. The court clerk shall immediately notify the department at Sacramento in writing of the pendency of the proceeding and of any subsequent action taken.
(b)The caption of the adoption request shall contain the names of the petitioners, but not the childs name. The request shall state the childs sex, date of birth, and the name the child had before adoption.
(c)If the child is the subject of a guardianship petition, the adoption request shall so state and shall include the caption and docket number or have attached a copy of the letters of the guardianship or temporary guardianship. The petitioners shall notify the court of any petition for guardianship or temporary guardianship filed after the adoption petition. The guardianship proceeding shall be consolidated with the adoption proceeding.
(d)The order of adoption shall contain the childs adopted name and the name the child had before adoption.
(e)If the petitioner has entered into a postadoption contact agreement as set forth in Section 8616.5, the petitioner shall file the agreement, signed by the participating parties, with the court before the adoption is finalized.
SEC. 10.Section 9000 of the Family Code is amended to read:9000.(a)A stepparent desiring to adopt a child of the stepparents spouse may for that purpose file a petition in any county authorized by Section 8609.5.
(b)A domestic partner, as defined in Section 297, desiring to adopt a child of the other domestic partner may, for that purpose, file a petition in any county authorized pursuant to Section 8609.5.
(c)The caption of the adoption petition shall contain the names of the petitioners, but not the childs name. The petition shall state the childs sex and date of birth and the name the child had before adoption.
(d)If the child is the subject of a guardianship petition, the adoption petition shall so state and shall include the caption and docket number or have attached a copy of the letters of the guardianship or temporary guardianship. The petitioners shall notify the court of any petition for guardianship or temporary guardianship filed after the adoption petition. The guardianship proceeding shall be consolidated with the adoption proceeding.
(e)The order of adoption shall contain the childs adopted name and the name the child had before adoption.
(f)If the petitioner has entered into a postadoption contact agreement pursuant to Section 8616.5, the petitioner shall file the agreement, signed by the participating parties, with the court before the adoption is finalized.
(g)For the purposes of this chapter, stepparent adoption includes adoption by a domestic partner, as defined in Section 297.
SEC. 11.Section 6.5 of this bill incorporates amendments to Section 8616.5 of the Family Code proposed by both this bill and Assembly Bill 20. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each bill amends Section 8616.5 of the Family Code, and (3) this bill is enacted after Assembly Bill 20, in which case Section 6 of this bill shall not become operative.
(a)(1)A superior court has jurisdiction under California law to make judicial determinations regarding the custody and care of children within the meaning of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101 et seq. and 8 C.F.R. Sec. 204.11), which includes, but is not limited to, the juvenile, probate, and family court divisions of the superior court. These courts have jurisdiction to make the factual findings necessary to enable a child to petition the United States Citizenship and Immigration Services for classification as a special immigrant juvenile pursuant to Section 1101(a)(27)(J) of Title 8 of the United States Code.
(2)The factual findings set forth in paragraph (1) of subdivision (b) may be made at any point in a proceeding regardless of the division of the superior court or type of proceeding if the prerequisites of that subdivision are met.
(b)(1)If an order is requested from the superior court making the necessary findings regarding special immigrant juvenile status pursuant to Section 1101(a)(27)(J) of Title 8 of the United States Code, and there is evidence to support those findings, which may consist solely of, but is not limited to, a declaration by the child who is the subject of the petition, the court shall issue the order, which shall include all of the following findings:
(A)The child was either of the following:
(i)Declared a dependent of the court.
(ii)Legally committed to, or placed under the custody of, a state agency or department, or an individual or entity appointed by the court. The court shall indicate the date on which the dependency, commitment, or custody was ordered.
(B)That reunification of the child with one or both of the childs parents was determined not to be viable because of abuse, neglect, abandonment, or a similar basis pursuant to California law. The court shall indicate the date on which reunification was determined not to be viable.
(C)That it is not in the best interest of the child to be returned to the childs, or the childs parents, previous country of nationality or country of last habitual residence.
(2)The superior court may make additional findings under this section that are supported by evidence only if requested by a party. The asserted, purported, or perceived motivation of the child seeking classification as a special immigrant juvenile shall not be admissible in making the findings under this section. The court shall not include nor reference the asserted, purported, or perceived motivation of the child seeking classification as a special immigrant juvenile in the courts findings under this section.
(c)In any judicial proceedings in response to a request that the superior court make the findings necessary to support a petition for classification as a special immigrant juvenile, information regarding the childs immigration status that is not otherwise protected by state confidentiality laws shall remain confidential and shall be available for inspection only by the court, the child who is the subject of the proceeding, the parties, the attorneys for the parties, the childs counsel, and the childs guardian.
(d)In any judicial proceedings in response to a request that the superior court make the findings necessary to support a petition for classification as a special immigrant juvenile, records of the proceedings that are not otherwise protected by state confidentiality laws may be sealed using the procedure set forth in California Rules of Court 2.550 and 2.551.
(e)The Judicial Council shall adopt any rules and forms needed to implement this section.
(f)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 2.Section 155 is added to the Code of Civil Procedure, to read:155.(a)(1)A superior court has jurisdiction under California law to make judicial determinations regarding the dependency or custody, or both, and care of children within the meaning of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101 et seq. and 8 C.F.R. Sec. 204.11), which includes, but is not limited to, the juvenile, probate, and family court divisions of the superior court. These courts have jurisdiction to make the judicial determinations necessary to enable a child to petition the United States Citizenship and Immigration Services for classification as a special immigrant juvenile pursuant to Section 1101(a)(27)(J) of Title 8 of the United States Code.
(2)The judicial determinations set forth in paragraph (1) of subdivision (b) may be made for a child up to 21 years of age at any point in a proceeding regardless of the division of the superior court or type of proceeding if the prerequisites of that subdivision are met. A nunc pro tunc entry is permissible and shall not require proof of any clerical or other error, as long as the determinations could have been made as of the nunc pro tunc date.
(b)(1)If an order is requested from the superior court making the necessary determinations regarding special immigrant juvenile status pursuant to Section 1101(a)(27)(J) of Title 8 of the United States Code, and there is evidence to support those determinations, which may consist solely of, but is not limited to, a declaration by the child who is the subject of the petition, the court shall issue the order, which shall include all of the following determinations, each of which shall be supported by reference to the relevant provisions of California law:
(A)The child was either of the following:
(i)Declared a dependent of the court.
(ii)Legally committed to, or placed under the custody of, a state agency or department, or an individual or entity appointed by the court. The court shall indicate the date on which the dependency, commitment, or custody was ordered and the factual basis for making the order.
(B)That reunification of the child with one or both of the childs parents was determined not to be viable because of abuse, neglect, abandonment, or a similar basis pursuant to California law. The court shall indicate the date on which reunification was determined not to be viable, and the factual basis for making the determination.
(C)That it is not in the best interest of the child to be returned to the childs, or the childs parents, previous country of nationality or country of last habitual residence. The court shall indicate the factual basis for making the determination.
(2)The superior court may make additional determinations pursuant to this section that are supported by evidence only if requested by a party. The asserted, purported, or perceived motivation of the child seeking classification as a special immigrant juvenile shall not be admissible in making the findings under this section. The court shall not include nor reference the asserted, purported, or perceived motivation of the child seeking classification as a special immigrant juvenile in the courts findings under this section.
(c)In any judicial proceedings in response to a request that the superior court make the determinations necessary to support a petition for classification as a special immigrant juvenile, information regarding the childs immigration status that is not otherwise protected by state confidentiality laws shall remain confidential and shall be available for inspection only by the court, the child who is the subject of the proceeding, the parties, the attorneys for the parties, the childs counsel, and the childs guardian.
(d)In any judicial proceedings in response to a request that the superior court make the findings necessary to support a petition for classification as a special immigrant juvenile, records of the proceedings that are not otherwise protected by state confidentiality laws may be sealed using the procedure set forth in California Rules of Court 2.550 and 2.551.
(e)This section shall be operative on January 1, 2025.
SEC. 3.Section 7551 of the Family Code is amended 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 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.
(c)A court shall not order in utero 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. 4.Section 7573.5 of the Family Code is amended 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 donor pursuant to Section 7613.
(6)The person seeking to establish parentage asserts that the person 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. 5.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 who is not the womans spouse, with the consent of another intended parent, that intended parent is treated in law as if that intended parent is the natural parent of a child thereby conceived. The other intended parents 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 donors spouse is treated in law as if the donor is not the natural parent of a child thereby conceived, unless the donor and the woman signed a written agreement before the conception of the child, that the donor would be a parent.
(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 donors spouse is treated in law as if the donor is not the natural parent of a child thereby conceived if either of the following are met:
(A)The donor and the woman signed a written agreement before 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.
(c)A person providing ova for use in assisted reproduction by a person other than the providers spouse or nonmarital partner is treated in law as if the provider is not the natural parent of a child thereby conceived unless the court finds satisfactory evidence that the provider of the ova, and each recipient, intended for that provider to have parental rights.
(d)(1)A provider of an embryo for use in assisted reproduction to an intended parent who is not the providers spouse or nonmarital partner is treated in law as if the provider is not the natural parent of a child thereby conceived unless the court finds satisfactory evidence that the provider and the intended parent intended for the provider to be a parent.
(2)If the provider of ova, semen, or embryos is not the original source of the ova or sperm, each original providers written consent to the donation is required unless that person has executed a writing to consent to the donation, or to waive or relinquish their right to the genetic material, or as otherwise ordered by a court of law.
(e)(1)Notwithstanding any other law, persons who are not married to one another and who share legal control over the disposition of embryos shall not be prevented from entering into a written agreement whereby one person renounces all legal interest in the embryos, with the specific intent that the person renouncing all legal interest shall not be a legal parent of any child conceived with use of the embryos, despite any prior oral or written agreements, or legal judgments to the contrary. After that interest has been renounced in a writing signed by all persons with legal interest in or control over disposition of the embryos, the renouncing person shall be treated in law as a donor, and not a legal parent. Upon execution of that agreement, the person who retains legal interest in and control over disposition of the embryos shall have the sole right to determine the use and disposition of the embryos, including the right to attempt conception of a child, subject to any limitation pursuant to paragraph (2) of subdivision (d). Either party may file the agreement with the court, and the court shall issue an order establishing the nonparentage of the donor.
(2)If persons who share legal control over and interest in one or more embryos are married to one another at the time of signing the agreement, the agreement shall only become legally binding upon the courts entry of a final decree of dissolution that incorporates the agreement, after which the presumptions pursuant to Section 7540 or subdivisions (a), (b), or (c) of Section 7611 shall not apply.
SEC. 6.Section 8616.5 of the Family Code is amended to read:8616.5.(a)The Legislature finds and declares that some adoptive children may benefit from either direct or indirect contact with birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, after being adopted. Postadoption contact agreements are intended to ensure children of an achievable level of continuing contact when contact is beneficial to the children and the agreements are voluntarily executed by birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, and adoptive parents. Nothing in this section requires all of the listed parties to participate in the development of a postadoption contact agreement in order for the agreement to be executed.
(b)(1)Nothing in the adoption laws of this state shall be construed to prevent the adopting parent or parents, the birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, and the child from voluntarily executing a written agreement to permit continuing contact between the birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, and the child if the agreement is found by the court to have been executed voluntarily and to be in the best interests of the child at the time the adoption petition is granted.
(2)The terms of any postadoption contact agreement executed under this section shall be limited to, but need not include, all of the following:
(A)Provisions for visitation between the child and a birth parent or parents and other birth relatives, including siblings, and the childs Indian tribe if the case is governed by the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(B)Provisions for future contact between a birth parent or parents or other birth relatives, including siblings, or both, and the child or an adoptive parent, or both, and in cases governed by the Indian Child Welfare Act, the childs Indian tribe.
(C)Provisions for the sharing of information about the child in the future.
(3)The terms of any postadoption contact agreement with birth relatives, including siblings, other than the childs birth parent or parents shall be limited to the sharing of information about the child, unless the child has a preexisting relationship with the birth relative.
(c)At the time an adoption decree is entered pursuant to a petition filed pursuant to Section 8714, 8714.5, 8802, 8912, or 9000, the court entering the decree may grant postadoption privileges if an agreement for those privileges has been executed, including agreements executed pursuant to subdivision (f) of Section 8620. The hearing to grant the adoption petition and issue an order of adoption may be continued as necessary to permit parties who are in the process of negotiating a postadoption agreement to reach a final agreement.
(d)The child who is the subject of the adoption petition shall be considered a party to the postadoption contact agreement. The written consent to the terms and conditions of the postadoption contact agreement and any subsequent modifications of the agreement by a child who is 12 years of age or older is a necessary condition to the granting of privileges regarding visitation, contact, or sharing of information about the child, unless the court finds by a preponderance of the evidence that the agreement, as written, is in the best interests of the child. Any child who has been found to come within Section 300 of the Welfare and Institutions Code or who is the subject of a petition for jurisdiction of the juvenile court under Section 300 of the Welfare and Institutions Code shall be represented by an attorney for purposes of consent to the postadoption contact agreement.
(e)A postadoption contact agreement shall contain the following warnings in bold type:
(1)After the adoption petition has been granted by the court, the adoption cannot be set aside due to the failure of an adopting parent, a birth parent, a birth relative, including a sibling, an Indian tribe, or the child to follow the terms of this agreement or a later change to this agreement.
(2)A disagreement between the parties or litigation brought to enforce or modify the agreement shall not affect the validity of the adoption and shall not serve as a basis for orders affecting the custody of the child.
(3)A court will not act on a petition to change or enforce this agreement unless the petitioner has participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings to resolve the dispute.
(f)Upon the granting of the adoption petition and the issuing of the order of adoption of a child who is a dependent of the juvenile court, juvenile court dependency jurisdiction shall be terminated. Enforcement of the postadoption contact agreement shall be under the continuing jurisdiction of the court granting the petition of adoption. The court may not order compliance with the agreement absent a finding that the party seeking the enforcement participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings regarding the conflict, prior to the filing of the enforcement action, and that the enforcement is in the best interests of the child. Documentary evidence or offers of proof may serve as the basis for the courts decision regarding enforcement. No testimony or evidentiary hearing shall be required. The court shall not order further investigation or evaluation by any public or private agency or individual absent a finding by clear and convincing evidence that the best interests of the child may be protected or advanced only by that inquiry and that the inquiry will not disturb the stability of the childs home to the detriment of the child.
(g)The court may not award monetary damages as a result of the filing of the civil action pursuant to subdivision (e).
(h)A postadoption contact agreement may be modified or terminated only if either of the following occurs:
(1)All parties, including the child if the child is 12 years of age or older at the time of the requested termination or modification, have signed a modified postadoption contact agreement and the agreement is filed with the court that granted the petition of adoption.
(2)The court finds all of the following:
(A)The termination or modification is necessary to serve the best interests of the child.
(B)There has been a substantial change of circumstances since the original agreement was executed and approved by the court.
(C)The party seeking the termination or modification has participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings prior to seeking court approval of the proposed termination or modification.
Documentary evidence or offers of proof may serve as the basis for the courts decision. No testimony or evidentiary hearing shall be required. The court shall not order further investigation or evaluation by any public or private agency or individual absent a finding by clear and convincing evidence that the best interests of the child may be protected or advanced only by that inquiry and that the inquiry will not disturb the stability of the childs home to the detriment of the child.
(i)All costs and fees of mediation or other appropriate dispute resolution proceedings shall be borne by each party, excluding the child. All costs and fees of litigation shall be borne by the party filing the action to modify or enforce the agreement when no party has been found by the court as failing to comply with an existing postadoption contact agreement. Otherwise, a party, other than the child, found by the court as failing to comply without good cause with an existing agreement shall bear all the costs and fees of litigation.
(j)The Judicial Council shall adopt rules of court and forms for motions to enforce, terminate, or modify postadoption contact agreements.
(k)The court shall not set aside a decree of adoption, rescind a relinquishment, or modify an order to terminate parental rights or any other prior court order because of the failure of a birth parent, adoptive parent, birth relative, including a sibling, an Indian tribe, or the child to comply with any or all of the original terms of, or subsequent modifications to, the postadoption contact agreement, except as follows:
(1)Prior to issuing the order of adoption, in an adoption involving an Indian child, the court may, upon a petition of the birth parent, birth relative, including a sibling, or an Indian tribe, order the parties to engage in family mediation services for the purpose of reaching a postadoption contact agreement if the prospective adoptive parent fails to negotiate in good faith to execute a postadoption contact agreement, after having agreed to enter into negotiations, provided that the failure of the parties to reach an agreement is not in and of itself proof of bad faith.
(2)Prior to issuing the order of adoption, if the parties fail to negotiate in good faith to execute a postadoption contact agreement during the negotiations entered into pursuant to, and in accordance with, paragraph (1), the court may modify prior orders or issue new orders as necessary to ensure the best interest of the Indian child is met, including, but not limited to, requiring parties to engage in further family mediation services for the purpose of reaching a postadoption contact agreement, initiating guardianship proceeding in lieu of adoption, or authorizing a change of adoptive placement for the child.
(l)As used in this section, sibling means a person related to the identified child by blood, adoption, or affinity through a common legal or biological parent.
(m)(1)In every adoption, each petitioner shall inform the court in writing, on ADOPT-200, whether that petitioner has entered, or has agreed to enter into a postadoption contact agreement with any person or persons.
(2)(A)If a postadoption contact agreement has been entered into, the terms of the agreement shall be set forth on or attached to ADOPT-310 and that form shall be signed by all adult parties to the agreement, and if applicable pursuant to subdivision (d), by the child who is the subject of the adoption.
(B)Prior to finalization of the adoption, the petitioner shall file this form and any attachments with the court. The petitioner shall provide a file-marked copy of the form to all signatories to the agreement, and to any licensed adoption agency that placed the child for adoption or consented to the adoption, within 30 days of the petitioners receipt of the file-marked copy.
SEC. 6.5.Section 8616.5 of the Family Code is amended to read:8616.5.(a)The Legislature finds and declares that some adoptive children may benefit from either direct or indirect contact with birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, after being adopted. Postadoption contact agreements are intended to ensure children of an achievable level of continuing contact when contact is beneficial to the children and the agreements are voluntarily executed by birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, and adoptive parents. Nothing in this section requires all of the listed parties to participate in the development of a postadoption contact agreement in order for the agreement to be executed.
(b)(1)Nothing in the adoption laws of this state shall be construed to prevent the adopting parent or parents, the birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, and the child from voluntarily executing a written agreement to permit continuing contact between the birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, and the child if the agreement is found by the court to have been executed voluntarily and to be in the best interests of the child at the time the adoption petition is granted.
(2)The terms of any postadoption contact agreement executed under this section shall be limited to, but need not include, all of the following:
(A)Provisions for visitation between the child and a birth parent or parents and other birth relatives, including siblings, and the childs Indian tribe if the case is governed by the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(B)Provisions for future contact between a birth parent or parents or other birth relatives, including siblings, or both, and the child or an adoptive parent, or both, and in cases governed by the Indian Child Welfare Act, the childs Indian tribe.
(C)Provisions for the sharing of information about the child in the future.
(3)The terms of any postadoption contact agreement with birth relatives, other than the childs birth parent or parents or siblings, shall be limited to the sharing of information about the child, unless the child has a preexisting relationship with the birth relative.
(c)At the time an adoption decree is entered pursuant to a petition filed pursuant to Section 8714, 8714.5, 8802, 8912, or 9000, the court entering the decree may grant postadoption privileges if an agreement for those privileges has been executed, including agreements executed pursuant to subdivision (f) of Section 8620. The hearing to grant the adoption petition and issue an order of adoption may be continued as necessary to permit parties who are in the process of negotiating a postadoption agreement to reach a final agreement.
(d)The child who is the subject of the adoption petition shall be considered a party to the postadoption contact agreement. The written consent to the terms and conditions of the postadoption contact agreement and any subsequent modifications of the agreement by a child who is 12 years of age or older is a necessary condition to the granting of privileges regarding visitation, contact, or sharing of information about the child, unless the court finds by a preponderance of the evidence that the agreement, as written, is in the best interests of the child. Any child who has been found to come within Section 300 of the Welfare and Institutions Code or who is the subject of a petition for jurisdiction of the juvenile court under Section 300 of the Welfare and Institutions Code shall be represented by an attorney for purposes of consent to the postadoption contact agreement.
(e)A postadoption contact agreement shall contain the following warnings in bold type:
(1)After the adoption petition has been granted by the court, the adoption cannot be set aside due to the failure of an adopting parent, a birth parent, a birth relative, including a sibling, an Indian tribe, or the child to follow the terms of this agreement or a later change to this agreement.
(2)A disagreement between the parties or litigation brought to enforce or modify the agreement shall not affect the validity of the adoption and shall not serve as a basis for orders affecting the custody of the child.
(3)A court will not act on a petition to change or enforce this agreement unless the petitioner has participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings to resolve the dispute.
(f)Upon the granting of the adoption petition and the issuing of the order of adoption of a child who is a dependent of the juvenile court, juvenile court dependency jurisdiction shall be terminated. Enforcement of the postadoption contact agreement shall be under the continuing jurisdiction of the court granting the petition of adoption. The court shall not order compliance with the agreement absent a finding that the party seeking the enforcement participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings regarding the conflict, prior to the filing of the enforcement action, and that the enforcement is in the best interests of the child. Documentary evidence or offers of proof may serve as the basis for the courts decision regarding enforcement. No testimony or evidentiary hearing shall be required. The court shall not order further investigation or evaluation by any public or private agency or individual absent a finding by clear and convincing evidence that the best interests of the child may be protected or advanced only by that inquiry and that the inquiry will not disturb the stability of the childs home to the detriment of the child.
(g)The court may not award monetary damages as a result of the filing of the civil action pursuant to subdivision (e).
(h)A postadoption contact agreement may be modified or terminated only if either of the following occurs:
(1)All parties, including the child if the child is 12 years of age or older at the time of the requested termination or modification, have signed a modified postadoption contact agreement and the agreement is filed with the court that granted the petition of adoption.
(2)The court finds all of the following:
(A)The termination or modification is necessary to serve the best interests of the child.
(B)There has been a substantial change of circumstances since the original agreement was executed and approved by the court.
(C)The party seeking the termination or modification has participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings prior to seeking court approval of the proposed termination or modification.
Documentary evidence or offers of proof may serve as the basis for the courts decision. No testimony or evidentiary hearing shall be required. The court shall not order further investigation or evaluation by any public or private agency or individual absent a finding by clear and convincing evidence that the best interests of the child may be protected or advanced only by that inquiry and that the inquiry will not disturb the stability of the childs home to the detriment of the child.
(i)All costs and fees of mediation or other appropriate dispute resolution proceedings shall be borne by each party, excluding the child. All costs and fees of litigation shall be borne by the party filing the action to modify or enforce the agreement when no party has been found by the court as failing to comply with an existing postadoption contact agreement. Otherwise, a party, other than the child, found by the court as failing to comply without good cause with an existing agreement shall bear all the costs and fees of litigation.
(j)The Judicial Council shall adopt rules of court and forms for motions to enforce, terminate, or modify postadoption contact agreements.
(k)The court shall not set aside a decree of adoption, rescind a relinquishment, or modify an order to terminate parental rights or any other prior court order because of the failure of a birth parent, adoptive parent, birth relative, including a sibling, an Indian tribe, or the child to comply with any or all of the original terms of, or subsequent modifications to, the postadoption contact agreement, except as follows:
(1)Prior to issuing the order of adoption, in an adoption involving an Indian child, the court may, upon a petition of the birth parent, birth relative, including a sibling, or an Indian tribe, order the parties to engage in family mediation services for the purpose of reaching a postadoption contact agreement if the prospective adoptive parent fails to negotiate in good faith to execute a postadoption contact agreement, after having agreed to enter into negotiations, provided that the failure of the parties to reach an agreement is not in and of itself proof of bad faith.
(2)Prior to issuing the order of adoption, if the parties fail to negotiate in good faith to execute a postadoption contact agreement during the negotiations entered into pursuant to, and in accordance with, paragraph (1), the court may modify prior orders or issue new orders as necessary to ensure the best interest of the Indian child is met, including, but not limited to, requiring parties to engage in further family mediation services for the purpose of reaching a postadoption contact agreement, initiating guardianship proceedings in lieu of adoption, or authorizing a change of adoptive placement for the child.
(l)As used in this section, sibling means a person related to the identified child by blood, adoption, or affinity through a common legal or biological parent.
(m)(1)In every adoption, each petitioner shall inform the court in writing, on ADOPT-200, whether that petitioner has entered, or has agreed to enter into a postadoption contact agreement with any person or persons.
(2)(A)If a postadoption contact agreement has been entered into, the terms of the agreement shall be set forth on or attached to ADOPT-310 and that form shall be signed by all adult parties to the agreement, and if applicable pursuant to subdivision (d), by the child who is the subject of the adoption.
(B)Prior to finalization of the adoption, the petitioner shall file this form and any attachments with the court. The petitioner shall provide a file-marked copy of the form to all signatories to the agreement, and to any licensed adoption agency that placed the child for adoption or consented to the adoption, within 30 days of the petitioners receipt of the file-marked copy.
SEC. 7.Section 8714 of the Family Code is amended to read:8714.(a)A person desiring to adopt a nondependent child may for that purpose file an adoption request in a county authorized by Section 8609.5. A person desiring to adopt a child who has been adjudged to be a dependent of the juvenile court pursuant to Section 300 of the Welfare and Institutions Code, freed for adoption by the juvenile court, and placed for adoption with the petitioner, may file the adoption request either in the county where the petitioner resides or in the county where the child was freed for adoption.
(b)The court clerk shall immediately notify the department at Sacramento in writing of the pendency of the proceeding and of any subsequent action taken.
(c)If the petitioner has entered into a postadoption contact agreement as set forth in Section 8616.5, the petitioner shall file the agreement, signed by the participating parties, with the court before the adoption is finalized.
(d)The caption of the adoption petition shall contain the names of the petitioners, but not the childs name. The petition shall state the childs sex and date of birth. The name the child had before adoption shall appear in the joinder signed by the licensed adoption agency.
(e)If the child is the subject of a guardianship petition, the adoption petition shall so state and shall include the caption and docket number or have attached a copy of the letters of the guardianship or temporary guardianship. The petitioners shall notify the court of any petition for guardianship or temporary guardianship filed after the adoption petition. The guardianship proceeding shall be consolidated with the adoption proceeding.
(f)The order of adoption shall contain the childs adopted name and the name the child had before adoption.
SEC. 8.Section 8802 of the Family Code is amended to read:8802.(a) Any of the following adult persons who desire to adopt a child may, for that purpose, file an adoption request in a county authorized by Section 8609.5:
(1)A person who is related to the child or the childs half sibling by blood or affinity, including all relatives whose status is preceded by the words step, great, great-great, or grand, or the spouse of any of these persons, even if the marriage was terminated by death or dissolution.
(2)A person named in the will of a deceased parent as an intended adoptive parent where the child has no other parent.
(3)A person with whom a child has been placed for adoption, in which case a copy of the independent adoption placement agreement shall be attached to the petition.
(4)A person who has been the childs legal guardian for more than one year. However, if the guardian was nominated by a parent for a purpose other than adoption and for a specified time period, or if the guardianship was established pursuant to Section 360 of the Welfare and Institutions Code, the guardianship shall have been in existence for at least three years, unless parental rights have already been terminated.
(5)If the child is alleged to have been abandoned pursuant to Section 7822, a person who has been the childs legal guardian for more than six months. The legal guardian may file a petition pursuant to Section 7822 in the same court and concurrently with the adoption request.
(6)A person named in a court order terminating parental rights as the childs legal guardian or prospective adoptive parent.
(b)The court clerk shall immediately notify the department in Sacramento in writing of the pendency of the proceeding and of any subsequent action taken.
(c)The adoption request shall contain an allegation that the petitioners will file promptly with the department or delegated county adoption agency information required by the department in the investigation of the proposed adoption. The omission of the allegation from the adoption request does not affect the jurisdiction of the court to proceed or the validity of an adoption order or other order based on the adoption request.
(d)The caption of the adoption request shall contain the names of the petitioners, but not the childs name. The body of the adoption request shall state the childs sex and date of birth and the name the child had before adoption.
(e)If the child is the subject of a guardianship petition, the adoption request shall so state and shall include the caption and docket number or have attached a copy of the letters of the guardianship or temporary guardianship. The petitioners shall notify the court of any petition for guardianship or temporary guardianship filed after the adoption request. The guardianship proceeding shall be consolidated with the adoption proceeding, and the consolidated case shall be heard and decided in the court in which the adoption is pending.
(f)If the petitioner has entered into a postadoption contact agreement as set forth in Section 8616.5, the petitioner shall file the agreement, signed by the participating parties, with the court before the adoption is finalized.
(g)The order of adoption shall contain the childs adopted name and the name the child had before adoption.
SEC. 9.Section 8912 of the Family Code is amended to read:8912.(a)An international adoption or readoption request may be filed by a resident of this state in a county authorized by Section 8609.5. The court clerk shall immediately notify the department at Sacramento in writing of the pendency of the proceeding and of any subsequent action taken.
(b)The caption of the adoption request shall contain the names of the petitioners, but not the childs name. The request shall state the childs sex, date of birth, and the name the child had before adoption.
(c)If the child is the subject of a guardianship petition, the adoption request shall so state and shall include the caption and docket number or have attached a copy of the letters of the guardianship or temporary guardianship. The petitioners shall notify the court of any petition for guardianship or temporary guardianship filed after the adoption petition. The guardianship proceeding shall be consolidated with the adoption proceeding.
(d)The order of adoption shall contain the childs adopted name and the name the child had before adoption.
(e)If the petitioner has entered into a postadoption contact agreement as set forth in Section 8616.5, the petitioner shall file the agreement, signed by the participating parties, with the court before the adoption is finalized.
SEC. 10.Section 9000 of the Family Code is amended to read:9000.(a)A stepparent desiring to adopt a child of the stepparents spouse may for that purpose file a petition in any county authorized by Section 8609.5.
(b)A domestic partner, as defined in Section 297, desiring to adopt a child of the other domestic partner may, for that purpose, file a petition in any county authorized pursuant to Section 8609.5.
(c)The caption of the adoption petition shall contain the names of the petitioners, but not the childs name. The petition shall state the childs sex and date of birth and the name the child had before adoption.
(d)If the child is the subject of a guardianship petition, the adoption petition shall so state and shall include the caption and docket number or have attached a copy of the letters of the guardianship or temporary guardianship. The petitioners shall notify the court of any petition for guardianship or temporary guardianship filed after the adoption petition. The guardianship proceeding shall be consolidated with the adoption proceeding.
(e)The order of adoption shall contain the childs adopted name and the name the child had before adoption.
(f)If the petitioner has entered into a postadoption contact agreement pursuant to Section 8616.5, the petitioner shall file the agreement, signed by the participating parties, with the court before the adoption is finalized.
(g)For the purposes of this chapter, stepparent adoption includes adoption by a domestic partner, as defined in Section 297.
SEC. 11.Section 6.5 of this bill incorporates amendments to Section 8616.5 of the Family Code proposed by both this bill and Assembly Bill 20. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each bill amends Section 8616.5 of the Family Code, and (3) this bill is enacted after Assembly Bill 20, in which case Section 6 of this bill shall not become operative.
(a)(1)A superior court has jurisdiction under California law to make judicial determinations regarding the custody and care of children within the meaning of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101 et seq. and 8 C.F.R. Sec. 204.11), which includes, but is not limited to, the juvenile, probate, and family court divisions of the superior court. These courts have jurisdiction to make the factual findings necessary to enable a child to petition the United States Citizenship and Immigration Services for classification as a special immigrant juvenile pursuant to Section 1101(a)(27)(J) of Title 8 of the United States Code.
(2)The factual findings set forth in paragraph (1) of subdivision (b) may be made at any point in a proceeding regardless of the division of the superior court or type of proceeding if the prerequisites of that subdivision are met.
(b)(1)If an order is requested from the superior court making the necessary findings regarding special immigrant juvenile status pursuant to Section 1101(a)(27)(J) of Title 8 of the United States Code, and there is evidence to support those findings, which may consist solely of, but is not limited to, a declaration by the child who is the subject of the petition, the court shall issue the order, which shall include all of the following findings:
(A)The child was either of the following:
(i)Declared a dependent of the court.
(ii)Legally committed to, or placed under the custody of, a state agency or department, or an individual or entity appointed by the court. The court shall indicate the date on which the dependency, commitment, or custody was ordered.
(B)That reunification of the child with one or both of the childs parents was determined not to be viable because of abuse, neglect, abandonment, or a similar basis pursuant to California law. The court shall indicate the date on which reunification was determined not to be viable.
(C)That it is not in the best interest of the child to be returned to the childs, or the childs parents, previous country of nationality or country of last habitual residence.
(2)The superior court may make additional findings under this section that are supported by evidence only if requested by a party. The asserted, purported, or perceived motivation of the child seeking classification as a special immigrant juvenile shall not be admissible in making the findings under this section. The court shall not include nor reference the asserted, purported, or perceived motivation of the child seeking classification as a special immigrant juvenile in the courts findings under this section.
(c)In any judicial proceedings in response to a request that the superior court make the findings necessary to support a petition for classification as a special immigrant juvenile, information regarding the childs immigration status that is not otherwise protected by state confidentiality laws shall remain confidential and shall be available for inspection only by the court, the child who is the subject of the proceeding, the parties, the attorneys for the parties, the childs counsel, and the childs guardian.
(d)In any judicial proceedings in response to a request that the superior court make the findings necessary to support a petition for classification as a special immigrant juvenile, records of the proceedings that are not otherwise protected by state confidentiality laws may be sealed using the procedure set forth in California Rules of Court 2.550 and 2.551.
(e)The Judicial Council shall adopt any rules and forms needed to implement this section.
(f)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 2.Section 155 is added to the Code of Civil Procedure, to read:155.(a)(1)A superior court has jurisdiction under California law to make judicial determinations regarding the dependency or custody, or both, and care of children within the meaning of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101 et seq. and 8 C.F.R. Sec. 204.11), which includes, but is not limited to, the juvenile, probate, and family court divisions of the superior court. These courts have jurisdiction to make the judicial determinations necessary to enable a child to petition the United States Citizenship and Immigration Services for classification as a special immigrant juvenile pursuant to Section 1101(a)(27)(J) of Title 8 of the United States Code.
(2)The judicial determinations set forth in paragraph (1) of subdivision (b) may be made for a child up to 21 years of age at any point in a proceeding regardless of the division of the superior court or type of proceeding if the prerequisites of that subdivision are met. A nunc pro tunc entry is permissible and shall not require proof of any clerical or other error, as long as the determinations could have been made as of the nunc pro tunc date.
(b)(1)If an order is requested from the superior court making the necessary determinations regarding special immigrant juvenile status pursuant to Section 1101(a)(27)(J) of Title 8 of the United States Code, and there is evidence to support those determinations, which may consist solely of, but is not limited to, a declaration by the child who is the subject of the petition, the court shall issue the order, which shall include all of the following determinations, each of which shall be supported by reference to the relevant provisions of California law:
(A)The child was either of the following:
(i)Declared a dependent of the court.
(ii)Legally committed to, or placed under the custody of, a state agency or department, or an individual or entity appointed by the court. The court shall indicate the date on which the dependency, commitment, or custody was ordered and the factual basis for making the order.
(B)That reunification of the child with one or both of the childs parents was determined not to be viable because of abuse, neglect, abandonment, or a similar basis pursuant to California law. The court shall indicate the date on which reunification was determined not to be viable, and the factual basis for making the determination.
(C)That it is not in the best interest of the child to be returned to the childs, or the childs parents, previous country of nationality or country of last habitual residence. The court shall indicate the factual basis for making the determination.
(2)The superior court may make additional determinations pursuant to this section that are supported by evidence only if requested by a party. The asserted, purported, or perceived motivation of the child seeking classification as a special immigrant juvenile shall not be admissible in making the findings under this section. The court shall not include nor reference the asserted, purported, or perceived motivation of the child seeking classification as a special immigrant juvenile in the courts findings under this section.
(c)In any judicial proceedings in response to a request that the superior court make the determinations necessary to support a petition for classification as a special immigrant juvenile, information regarding the childs immigration status that is not otherwise protected by state confidentiality laws shall remain confidential and shall be available for inspection only by the court, the child who is the subject of the proceeding, the parties, the attorneys for the parties, the childs counsel, and the childs guardian.
(d)In any judicial proceedings in response to a request that the superior court make the findings necessary to support a petition for classification as a special immigrant juvenile, records of the proceedings that are not otherwise protected by state confidentiality laws may be sealed using the procedure set forth in California Rules of Court 2.550 and 2.551.
(e)This section shall be operative on January 1, 2025.
SEC. 3.Section 7551 of the Family Code is amended 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 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.
(c)A court shall not order in utero 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. 4.Section 7573.5 of the Family Code is amended 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 donor pursuant to Section 7613.
(6)The person seeking to establish parentage asserts that the person 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. 5.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 who is not the womans spouse, with the consent of another intended parent, that intended parent is treated in law as if that intended parent is the natural parent of a child thereby conceived. The other intended parents 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 donors spouse is treated in law as if the donor is not the natural parent of a child thereby conceived, unless the donor and the woman signed a written agreement before the conception of the child, that the donor would be a parent.
(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 donors spouse is treated in law as if the donor is not the natural parent of a child thereby conceived if either of the following are met:
(A)The donor and the woman signed a written agreement before 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.
(c)A person providing ova for use in assisted reproduction by a person other than the providers spouse or nonmarital partner is treated in law as if the provider is not the natural parent of a child thereby conceived unless the court finds satisfactory evidence that the provider of the ova, and each recipient, intended for that provider to have parental rights.
(d)(1)A provider of an embryo for use in assisted reproduction to an intended parent who is not the providers spouse or nonmarital partner is treated in law as if the provider is not the natural parent of a child thereby conceived unless the court finds satisfactory evidence that the provider and the intended parent intended for the provider to be a parent.
(2)If the provider of ova, semen, or embryos is not the original source of the ova or sperm, each original providers written consent to the donation is required unless that person has executed a writing to consent to the donation, or to waive or relinquish their right to the genetic material, or as otherwise ordered by a court of law.
(e)(1)Notwithstanding any other law, persons who are not married to one another and who share legal control over the disposition of embryos shall not be prevented from entering into a written agreement whereby one person renounces all legal interest in the embryos, with the specific intent that the person renouncing all legal interest shall not be a legal parent of any child conceived with use of the embryos, despite any prior oral or written agreements, or legal judgments to the contrary. After that interest has been renounced in a writing signed by all persons with legal interest in or control over disposition of the embryos, the renouncing person shall be treated in law as a donor, and not a legal parent. Upon execution of that agreement, the person who retains legal interest in and control over disposition of the embryos shall have the sole right to determine the use and disposition of the embryos, including the right to attempt conception of a child, subject to any limitation pursuant to paragraph (2) of subdivision (d). Either party may file the agreement with the court, and the court shall issue an order establishing the nonparentage of the donor.
(2)If persons who share legal control over and interest in one or more embryos are married to one another at the time of signing the agreement, the agreement shall only become legally binding upon the courts entry of a final decree of dissolution that incorporates the agreement, after which the presumptions pursuant to Section 7540 or subdivisions (a), (b), or (c) of Section 7611 shall not apply.
SEC. 6.Section 8616.5 of the Family Code is amended to read:8616.5.(a)The Legislature finds and declares that some adoptive children may benefit from either direct or indirect contact with birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, after being adopted. Postadoption contact agreements are intended to ensure children of an achievable level of continuing contact when contact is beneficial to the children and the agreements are voluntarily executed by birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, and adoptive parents. Nothing in this section requires all of the listed parties to participate in the development of a postadoption contact agreement in order for the agreement to be executed.
(b)(1)Nothing in the adoption laws of this state shall be construed to prevent the adopting parent or parents, the birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, and the child from voluntarily executing a written agreement to permit continuing contact between the birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, and the child if the agreement is found by the court to have been executed voluntarily and to be in the best interests of the child at the time the adoption petition is granted.
(2)The terms of any postadoption contact agreement executed under this section shall be limited to, but need not include, all of the following:
(A)Provisions for visitation between the child and a birth parent or parents and other birth relatives, including siblings, and the childs Indian tribe if the case is governed by the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(B)Provisions for future contact between a birth parent or parents or other birth relatives, including siblings, or both, and the child or an adoptive parent, or both, and in cases governed by the Indian Child Welfare Act, the childs Indian tribe.
(C)Provisions for the sharing of information about the child in the future.
(3)The terms of any postadoption contact agreement with birth relatives, including siblings, other than the childs birth parent or parents shall be limited to the sharing of information about the child, unless the child has a preexisting relationship with the birth relative.
(c)At the time an adoption decree is entered pursuant to a petition filed pursuant to Section 8714, 8714.5, 8802, 8912, or 9000, the court entering the decree may grant postadoption privileges if an agreement for those privileges has been executed, including agreements executed pursuant to subdivision (f) of Section 8620. The hearing to grant the adoption petition and issue an order of adoption may be continued as necessary to permit parties who are in the process of negotiating a postadoption agreement to reach a final agreement.
(d)The child who is the subject of the adoption petition shall be considered a party to the postadoption contact agreement. The written consent to the terms and conditions of the postadoption contact agreement and any subsequent modifications of the agreement by a child who is 12 years of age or older is a necessary condition to the granting of privileges regarding visitation, contact, or sharing of information about the child, unless the court finds by a preponderance of the evidence that the agreement, as written, is in the best interests of the child. Any child who has been found to come within Section 300 of the Welfare and Institutions Code or who is the subject of a petition for jurisdiction of the juvenile court under Section 300 of the Welfare and Institutions Code shall be represented by an attorney for purposes of consent to the postadoption contact agreement.
(e)A postadoption contact agreement shall contain the following warnings in bold type:
(1)After the adoption petition has been granted by the court, the adoption cannot be set aside due to the failure of an adopting parent, a birth parent, a birth relative, including a sibling, an Indian tribe, or the child to follow the terms of this agreement or a later change to this agreement.
(2)A disagreement between the parties or litigation brought to enforce or modify the agreement shall not affect the validity of the adoption and shall not serve as a basis for orders affecting the custody of the child.
(3)A court will not act on a petition to change or enforce this agreement unless the petitioner has participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings to resolve the dispute.
(f)Upon the granting of the adoption petition and the issuing of the order of adoption of a child who is a dependent of the juvenile court, juvenile court dependency jurisdiction shall be terminated. Enforcement of the postadoption contact agreement shall be under the continuing jurisdiction of the court granting the petition of adoption. The court may not order compliance with the agreement absent a finding that the party seeking the enforcement participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings regarding the conflict, prior to the filing of the enforcement action, and that the enforcement is in the best interests of the child. Documentary evidence or offers of proof may serve as the basis for the courts decision regarding enforcement. No testimony or evidentiary hearing shall be required. The court shall not order further investigation or evaluation by any public or private agency or individual absent a finding by clear and convincing evidence that the best interests of the child may be protected or advanced only by that inquiry and that the inquiry will not disturb the stability of the childs home to the detriment of the child.
(g)The court may not award monetary damages as a result of the filing of the civil action pursuant to subdivision (e).
(h)A postadoption contact agreement may be modified or terminated only if either of the following occurs:
(1)All parties, including the child if the child is 12 years of age or older at the time of the requested termination or modification, have signed a modified postadoption contact agreement and the agreement is filed with the court that granted the petition of adoption.
(2)The court finds all of the following:
(A)The termination or modification is necessary to serve the best interests of the child.
(B)There has been a substantial change of circumstances since the original agreement was executed and approved by the court.
(C)The party seeking the termination or modification has participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings prior to seeking court approval of the proposed termination or modification.
Documentary evidence or offers of proof may serve as the basis for the courts decision. No testimony or evidentiary hearing shall be required. The court shall not order further investigation or evaluation by any public or private agency or individual absent a finding by clear and convincing evidence that the best interests of the child may be protected or advanced only by that inquiry and that the inquiry will not disturb the stability of the childs home to the detriment of the child.
(i)All costs and fees of mediation or other appropriate dispute resolution proceedings shall be borne by each party, excluding the child. All costs and fees of litigation shall be borne by the party filing the action to modify or enforce the agreement when no party has been found by the court as failing to comply with an existing postadoption contact agreement. Otherwise, a party, other than the child, found by the court as failing to comply without good cause with an existing agreement shall bear all the costs and fees of litigation.
(j)The Judicial Council shall adopt rules of court and forms for motions to enforce, terminate, or modify postadoption contact agreements.
(k)The court shall not set aside a decree of adoption, rescind a relinquishment, or modify an order to terminate parental rights or any other prior court order because of the failure of a birth parent, adoptive parent, birth relative, including a sibling, an Indian tribe, or the child to comply with any or all of the original terms of, or subsequent modifications to, the postadoption contact agreement, except as follows:
(1)Prior to issuing the order of adoption, in an adoption involving an Indian child, the court may, upon a petition of the birth parent, birth relative, including a sibling, or an Indian tribe, order the parties to engage in family mediation services for the purpose of reaching a postadoption contact agreement if the prospective adoptive parent fails to negotiate in good faith to execute a postadoption contact agreement, after having agreed to enter into negotiations, provided that the failure of the parties to reach an agreement is not in and of itself proof of bad faith.
(2)Prior to issuing the order of adoption, if the parties fail to negotiate in good faith to execute a postadoption contact agreement during the negotiations entered into pursuant to, and in accordance with, paragraph (1), the court may modify prior orders or issue new orders as necessary to ensure the best interest of the Indian child is met, including, but not limited to, requiring parties to engage in further family mediation services for the purpose of reaching a postadoption contact agreement, initiating guardianship proceeding in lieu of adoption, or authorizing a change of adoptive placement for the child.
(l)As used in this section, sibling means a person related to the identified child by blood, adoption, or affinity through a common legal or biological parent.
(m)(1)In every adoption, each petitioner shall inform the court in writing, on ADOPT-200, whether that petitioner has entered, or has agreed to enter into a postadoption contact agreement with any person or persons.
(2)(A)If a postadoption contact agreement has been entered into, the terms of the agreement shall be set forth on or attached to ADOPT-310 and that form shall be signed by all adult parties to the agreement, and if applicable pursuant to subdivision (d), by the child who is the subject of the adoption.
(B)Prior to finalization of the adoption, the petitioner shall file this form and any attachments with the court. The petitioner shall provide a file-marked copy of the form to all signatories to the agreement, and to any licensed adoption agency that placed the child for adoption or consented to the adoption, within 30 days of the petitioners receipt of the file-marked copy.
SEC. 6.5.Section 8616.5 of the Family Code is amended to read:8616.5.(a)The Legislature finds and declares that some adoptive children may benefit from either direct or indirect contact with birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, after being adopted. Postadoption contact agreements are intended to ensure children of an achievable level of continuing contact when contact is beneficial to the children and the agreements are voluntarily executed by birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, and adoptive parents. Nothing in this section requires all of the listed parties to participate in the development of a postadoption contact agreement in order for the agreement to be executed.
(b)(1)Nothing in the adoption laws of this state shall be construed to prevent the adopting parent or parents, the birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, and the child from voluntarily executing a written agreement to permit continuing contact between the birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, and the child if the agreement is found by the court to have been executed voluntarily and to be in the best interests of the child at the time the adoption petition is granted.
(2)The terms of any postadoption contact agreement executed under this section shall be limited to, but need not include, all of the following:
(A)Provisions for visitation between the child and a birth parent or parents and other birth relatives, including siblings, and the childs Indian tribe if the case is governed by the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(B)Provisions for future contact between a birth parent or parents or other birth relatives, including siblings, or both, and the child or an adoptive parent, or both, and in cases governed by the Indian Child Welfare Act, the childs Indian tribe.
(C)Provisions for the sharing of information about the child in the future.
(3)The terms of any postadoption contact agreement with birth relatives, including siblings, other than the childs birth parent or parents or siblings, shall be limited to the sharing of information about the child, unless the child has a preexisting relationship with the birth relative.
(c)At the time an adoption decree is entered pursuant to a petition filed pursuant to Section 8714, 8714.5, 8802, 8912, or 9000, the court entering the decree may grant postadoption privileges if an agreement for those privileges has been executed, including agreements executed pursuant to subdivision (f) of Section 8620. The hearing to grant the adoption petition and issue an order of adoption may be continued as necessary to permit parties who are in the process of negotiating a postadoption agreement to reach a final agreement.
(d)The child who is the subject of the adoption petition shall be considered a party to the postadoption contact agreement. The written consent to the terms and conditions of the postadoption contact agreement and any subsequent modifications of the agreement by a child who is 12 years of age or older is a necessary condition to the granting of privileges regarding visitation, contact, or sharing of information about the child, unless the court finds by a preponderance of the evidence that the agreement, as written, is in the best interests of the child. Any child who has been found to come within Section 300 of the Welfare and Institutions Code or who is the subject of a petition for jurisdiction of the juvenile court under Section 300 of the Welfare and Institutions Code shall be represented by an attorney for purposes of consent to the postadoption contact agreement.
(e)A postadoption contact agreement shall contain the following warnings in bold type:
(1)After the adoption petition has been granted by the court, the adoption cannot be set aside due to the failure of an adopting parent, a birth parent, a birth relative, including a sibling, an Indian tribe, or the child to follow the terms of this agreement or a later change to this agreement.
(2)A disagreement between the parties or litigation brought to enforce or modify the agreement shall not affect the validity of the adoption and shall not serve as a basis for orders affecting the custody of the child.
(3)A court will not act on a petition to change or enforce this agreement unless the petitioner has participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings to resolve the dispute.
(f)Upon the granting of the adoption petition and the issuing of the order of adoption of a child who is a dependent of the juvenile court, juvenile court dependency jurisdiction shall be terminated. Enforcement of the postadoption contact agreement shall be under the continuing jurisdiction of the court granting the petition of adoption. The court may shall not order compliance with the agreement absent a finding that the party seeking the enforcement participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings regarding the conflict, prior to the filing of the enforcement action, and that the enforcement is in the best interests of the child. Documentary evidence or offers of proof may serve as the basis for the courts decision regarding enforcement. No testimony or evidentiary hearing shall be required. The court shall not order further investigation or evaluation by any public or private agency or individual absent a finding by clear and convincing evidence that the best interests of the child may be protected or advanced only by that inquiry and that the inquiry will not disturb the stability of the childs home to the detriment of the child.
(g)The court may not award monetary damages as a result of the filing of the civil action pursuant to subdivision (e).
(h)A postadoption contact agreement may be modified or terminated only if either of the following occurs:
(1)All parties, including the child if the child is 12 years of age or older at the time of the requested termination or modification, have signed a modified postadoption contact agreement and the agreement is filed with the court that granted the petition of adoption.
(2)The court finds all of the following:
(A)The termination or modification is necessary to serve the best interests of the child.
(B)There has been a substantial change of circumstances since the original agreement was executed and approved by the court.
(C)The party seeking the termination or modification has participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings prior to seeking court approval of the proposed termination or modification.
Documentary evidence or offers of proof may serve as the basis for the courts decision. No testimony or evidentiary hearing shall be required. The court shall not order further investigation or evaluation by any public or private agency or individual absent a finding by clear and convincing evidence that the best interests of the child may be protected or advanced only by that inquiry and that the inquiry will not disturb the stability of the childs home to the detriment of the child.
(i)All costs and fees of mediation or other appropriate dispute resolution proceedings shall be borne by each party, excluding the child. All costs and fees of litigation shall be borne by the party filing the action to modify or enforce the agreement when no party has been found by the court as failing to comply with an existing postadoption contact agreement. Otherwise, a party, other than the child, found by the court as failing to comply without good cause with an existing agreement shall bear all the costs and fees of litigation.
(j)The Judicial Council shall adopt rules of court and forms for motions to enforce, terminate, or modify postadoption contact agreements.
(k)The court shall not set aside a decree of adoption, rescind a relinquishment, or modify an order to terminate parental rights or any other prior court order because of the failure of a birth parent, adoptive parent, birth relative, including a sibling, an Indian tribe, or the child to comply with any or all of the original terms of, or subsequent modifications to, the postadoption contact agreement, except as follows:
(1)Prior to issuing the order of adoption, in an adoption involving an Indian child, the court may, upon a petition of the birth parent, birth relative, including a sibling, or an Indian tribe, order the parties to engage in family mediation services for the purpose of reaching a postadoption contact agreement if the prospective adoptive parent fails to negotiate in good faith to execute a postadoption contact agreement, after having agreed to enter into negotiations, provided that the failure of the parties to reach an agreement is not in and of itself proof of bad faith.
(2)Prior to issuing the order of adoption, if the parties fail to negotiate in good faith to execute a postadoption contact agreement during the negotiations entered into pursuant to, and in accordance with, paragraph (1), the court may modify prior orders or issue new orders as necessary to ensure the best interest of the Indian child is met, including, but not limited to, requiring parties to engage in further family mediation services for the purpose of reaching a postadoption contact agreement, initiating guardianship proceeding proceedings in lieu of adoption, or authorizing a change of adoptive placement for the child.
(l)As used in this section, sibling means a person related to the identified child by blood, adoption, or affinity through a common legal or biological parent.
(m)(1)In every adoption, each petitioner shall inform the court in writing, on ADOPT-200, whether that petitioner has entered, or has agreed to enter into a postadoption contact agreement with any person or persons.
(2)(A)If a postadoption contact agreement has been entered into, the terms of the agreement shall be set forth on or attached to ADOPT-310 and that form shall be signed by all adult parties to the agreement, and if applicable pursuant to subdivision (d), by the child who is the subject of the adoption.
(B)Prior to finalization of the adoption, the petitioner shall file this form and any attachments with the court. The petitioner shall provide a file-marked copy of the form to all signatories to the agreement, and to any licensed adoption agency that placed the child for adoption or consented to the adoption, within 30 days of the petitioners receipt of the file-marked copy.
SEC. 7.Section 8714 of the Family Code is amended to read:8714.(a)A person desiring to adopt a nondependent child may for that purpose file an adoption request in a county authorized by Section 8609.5. A person desiring to adopt a child who has been adjudged to be a dependent of the juvenile court pursuant to Section 300 of the Welfare and Institutions Code, freed for adoption by the juvenile court, and placed for adoption with the petitioner, may file the adoption request either in the county where the petitioner resides or in the county where the child was freed for adoption.
(b)The court clerk shall immediately notify the department at Sacramento in writing of the pendency of the proceeding and of any subsequent action taken.
(c)If the petitioner has entered into a postadoption contact agreement as set forth in Section 8616.5, the petitioner shall file the agreement, signed by the participating parties, with the court before the adoption is finalized.
(d)The caption of the adoption petition shall contain the names of the petitioners, but not the childs name. The petition shall state the childs sex and date of birth. The name the child had before adoption shall appear in the joinder signed by the licensed adoption agency.
(e)If the child is the subject of a guardianship petition, the adoption petition shall so state and shall include the caption and docket number or have attached a copy of the letters of the guardianship or temporary guardianship. The petitioners shall notify the court of any petition for guardianship or temporary guardianship filed after the adoption petition. The guardianship proceeding shall be consolidated with the adoption proceeding.
(f)The order of adoption shall contain the childs adopted name and the name the child had before adoption.
SEC. 8.Section 8802 of the Family Code is amended to read:8802.(a) Any of the following adult persons who desire to adopt a child may, for that purpose, file an adoption request in a county authorized by Section 8609.5:
(1)A person who is related to the child or the childs half sibling by blood or affinity, including all relatives whose status is preceded by the words step, great, great-great, or grand, or the spouse of any of these persons, even if the marriage was terminated by death or dissolution.
(2)A person named in the will of a deceased parent as an intended adoptive parent where the child has no other parent.
(3)A person with whom a child has been placed for adoption, in which case a copy of the independent adoption placement agreement shall be attached to the petition.
(4)A person who has been the childs legal guardian for more than one year. However, if the guardian was nominated by a parent for a purpose other than adoption and for a specified time period, or if the guardianship was established pursuant to Section 360 of the Welfare and Institutions Code, the guardianship shall have been in existence for at least three years, unless parental rights have already been terminated.
(5)If the child is alleged to have been abandoned pursuant to Section 7822, a person who has been the childs legal guardian for more than six months. The legal guardian may file a petition pursuant to Section 7822 in the same court and concurrently with the adoption request.
(6)A person named in a court order terminating parental rights as the childs legal guardian or prospective adoptive parent.
(b)The court clerk shall immediately notify the department in Sacramento in writing of the pendency of the proceeding and of any subsequent action taken.
(c)The adoption request shall contain an allegation that the petitioners will file promptly with the department or delegated county adoption agency information required by the department in the investigation of the proposed adoption. The omission of the allegation from the adoption request does not affect the jurisdiction of the court to proceed or the validity of an adoption order or other order based on the adoption request.
(d)The caption of the adoption request shall contain the names of the petitioners, but not the childs name. The body of the adoption request shall state the childs sex and date of birth and the name the child had before adoption.
(e)If the child is the subject of a guardianship petition, the adoption request shall so state and shall include the caption and docket number or have attached a copy of the letters of the guardianship or temporary guardianship. The petitioners shall notify the court of any petition for guardianship or temporary guardianship filed after the adoption request. The guardianship proceeding shall be consolidated with the adoption proceeding, and the consolidated case shall be heard and decided in the court in which the adoption is pending.
(f)If the petitioner has entered into a postadoption contact agreement as set forth in Section 8616.5, the petitioner shall file the agreement, signed by the participating parties, with the court before the adoption is finalized.
(g)The order of adoption shall contain the childs adopted name and the name the child had before adoption.
SEC. 9.Section 8912 of the Family Code is amended to read:8912.(a)An international adoption or readoption request may be filed by a resident of this state in a county authorized by Section 8609.5. The court clerk shall immediately notify the department at Sacramento in writing of the pendency of the proceeding and of any subsequent action taken.
(b)The caption of the adoption request shall contain the names of the petitioners, but not the childs name. The request shall state the childs sex, date of birth, and the name the child had before adoption.
(c)If the child is the subject of a guardianship petition, the adoption request shall so state and shall include the caption and docket number or have attached a copy of the letters of the guardianship or temporary guardianship. The petitioners shall notify the court of any petition for guardianship or temporary guardianship filed after the adoption petition. The guardianship proceeding shall be consolidated with the adoption proceeding.
(d)The order of adoption shall contain the childs adopted name and the name the child had before adoption.
(e)If the petitioner has entered into a postadoption contact agreement as set forth in Section 8616.5, the petitioner shall file the agreement, signed by the participating parties, with the court before the adoption is finalized.
SEC. 10.Section 9000 of the Family Code is amended to read:9000.(a)A stepparent desiring to adopt a child of the stepparents spouse may for that purpose file a petition in any county authorized by Section 8609.5.
(b)A domestic partner, as defined in Section 297, desiring to adopt a child of the other domestic partner may, for that purpose, file a petition in any county authorized pursuant to Section 8609.5.
(c)The caption of the adoption petition shall contain the names of the petitioners, but not the childs name. The petition shall state the childs sex and date of birth and the name the child had before adoption.
(d)If the child is the subject of a guardianship petition, the adoption petition shall so state and shall include the caption and docket number or have attached a copy of the letters of the guardianship or temporary guardianship. The petitioners shall notify the court of any petition for guardianship or temporary guardianship filed after the adoption petition. The guardianship proceeding shall be consolidated with the adoption proceeding.
(e)The order of adoption shall contain the childs adopted name and the name the child had before adoption.
(f)If the petitioner has entered into a postadoption contact agreement pursuant to Section 8616.5, the petitioner shall file the agreement, signed by the participating parties, with the court before the adoption is finalized.
(g)For the purposes of this chapter, stepparent adoption includes adoption by a domestic partner, as defined in Section 297.
SEC. 11.Section 6.5 of this bill incorporates amendments to Section 8616.5 of the Family Code proposed by both this bill and Assembly Bill 20. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each bill amends Section 8616.5 of the Family Code, and (3) this bill is enacted after Assembly Bill 20, in which case Section 6 of this bill shall not become operative.
(a)(1)A superior court has jurisdiction under California law to make judicial determinations regarding the custody and care of children within the meaning of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101 et seq. and 8 C.F.R. Sec. 204.11), which includes, but is not limited to, the juvenile, probate, and family court divisions of the superior court. These courts have jurisdiction to make the factual findings necessary to enable a child to petition the United States Citizenship and Immigration Services for classification as a special immigrant juvenile pursuant to Section 1101(a)(27)(J) of Title 8 of the United States Code.
(2)The factual findings set forth in paragraph (1) of subdivision (b) may be made at any point in a proceeding regardless of the division of the superior court or type of proceeding if the prerequisites of that subdivision are met.
(b)(1)If an order is requested from the superior court making the necessary findings regarding special immigrant juvenile status pursuant to Section 1101(a)(27)(J) of Title 8 of the United States Code, and there is evidence to support those findings, which may consist solely of, but is not limited to, a declaration by the child who is the subject of the petition, the court shall issue the order, which shall include all of the following findings:
(A)The child was either of the following:
(i)Declared a dependent of the court.
(ii)Legally committed to, or placed under the custody of, a state agency or department, or an individual or entity appointed by the court. The court shall indicate the date on which the dependency, commitment, or custody was ordered.
(B)That reunification of the child with one or both of the childs parents was determined not to be viable because of abuse, neglect, abandonment, or a similar basis pursuant to California law. The court shall indicate the date on which reunification was determined not to be viable.
(C)That it is not in the best interest of the child to be returned to the childs, or the childs parents, previous country of nationality or country of last habitual residence.
(2)The superior court may make additional findings under this section that are supported by evidence only if requested by a party. The asserted, purported, or perceived motivation of the child seeking classification as a special immigrant juvenile shall not be admissible in making the findings under this section. The court shall not include nor reference the asserted, purported, or perceived motivation of the child seeking classification as a special immigrant juvenile in the courts findings under this section.
(c)In any judicial proceedings in response to a request that the superior court make the findings necessary to support a petition for classification as a special immigrant juvenile, information regarding the childs immigration status that is not otherwise protected by state confidentiality laws shall remain confidential and shall be available for inspection only by the court, the child who is the subject of the proceeding, the parties, the attorneys for the parties, the childs counsel, and the childs guardian.
(d)In any judicial proceedings in response to a request that the superior court make the findings necessary to support a petition for classification as a special immigrant juvenile, records of the proceedings that are not otherwise protected by state confidentiality laws may be sealed using the procedure set forth in California Rules of Court 2.550 and 2.551.
(e)The Judicial Council shall adopt any rules and forms needed to implement this section.
(f)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 2.Section 155 is added to the Code of Civil Procedure, to read:155.(a)(1)A superior court has jurisdiction under California law to make judicial determinations regarding the custody dependency or custody, or both, and care of children within the meaning of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101 et seq. and 8 C.F.R. Sec. 204.11), which includes, but is not limited to, the juvenile, probate, and family court divisions of the superior court. These courts have jurisdiction to make the factual findings judicial determinations necessary to enable a child to petition the United States Citizenship and Immigration Services for classification as a special immigrant juvenile pursuant to Section 1101(a)(27)(J) of Title 8 of the United States Code.
(2)The judicial determinations set forth in paragraph (1) of subdivision (b) may be made for a child up to 21 years of age at any point in a proceeding regardless of the division of the superior court or type of proceeding if the prerequisites of that subdivision are met. A nunc pro tunc entry is permissible and shall not require proof of any clerical or other error, as long as the determinations could have been made as of the nunc pro tunc date.
(b)(1)If an order is requested from the superior court making the necessary findings determinations regarding special immigrant juvenile status pursuant to Section 1101(a)(27)(J) of Title 8 of the United States Code, and there is evidence to support those findings, determinations, which may consist solely of, but is not limited to, a declaration by the child who is the subject of the petition, the court shall issue the order, which shall include all of the following findings: determinations, each of which shall be supported by reference to the relevant provisions of California law:
(A)The child was either of the following:
(i)Declared a dependent of the court.
(ii)Legally committed to, or placed under the custody of, a state agency or department, or an individual or entity appointed by the court. The court shall indicate the date on which the dependency, commitment, or custody was ordered. ordered and the factual basis for making the order.
(B)That reunification of the child with one or both of the childs parents was determined not to be viable because of abuse, neglect, abandonment, or a similar basis pursuant to California law. The court shall indicate the date on which reunification was determined not to be viable. viable, and the factual basis for making the determination.
(C)That it is not in the best interest of the child to be returned to the childs, or the childs parents, previous country of nationality or country of last habitual residence. The court shall indicate the factual basis for making the determination.
(2)The superior court may make additional findings under determinations pursuant to this section that are supported by evidence only if requested by a party. The asserted, purported, or perceived motivation of the child seeking classification as a special immigrant juvenile shall not be admissible in making the findings under this section. The court shall not include nor reference the asserted, purported, or perceived motivation of the child seeking classification as a special immigrant juvenile in the courts findings under this section.
(c)In any judicial proceedings in response to a request that the superior court make the findings determinations necessary to support a petition for classification as a special immigrant juvenile, information regarding the childs immigration status that is not otherwise protected by state confidentiality laws shall remain confidential and shall be available for inspection only by the court, the child who is the subject of the proceeding, the parties, the attorneys for the parties, the childs counsel, and the childs guardian.
(d)In any judicial proceedings in response to a request that the superior court make the findings necessary to support a petition for classification as a special immigrant juvenile, records of the proceedings that are not otherwise protected by state confidentiality laws may be sealed using the procedure set forth in California Rules of Court 2.550 and 2.551.
(e)This section shall be operative on January 1, 2025.
SEC. 3.Section 7551 of the Family Code is amended 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 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.
(c)A court shall not order in utero 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. 4.Section 7573.5 of the Family Code is amended 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 donor pursuant to Section 7613.
(6)The person seeking to establish parentage asserts that the person 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. 5.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 who is not the womans spouse, with the consent of another intended parent, that intended parent is treated in law as if that intended parent is the natural parent of a child thereby conceived. The other intended parents 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 donors spouse is treated in law as if the donor is not the natural parent of a child thereby conceived, unless the donor and the woman signed a written agreement before the conception of the child, that the donor would be a parent.
(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 donors spouse is treated in law as if the donor is not the natural parent of a child thereby conceived if either of the following are met:
(A)The donor and the woman signed a written agreement before 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.
(c)A person providing ova for use in assisted reproduction by a person other than the providers spouse or nonmarital partner is treated in law as if the provider is not the natural parent of a child thereby conceived unless the court finds satisfactory evidence that the provider of the ova, and each recipient, intended for that provider to have parental rights.
(d)(1)A provider of an embryo for use in assisted reproduction to an intended parent who is not the providers spouse or nonmarital partner is treated in law as if the provider is not the natural parent of a child thereby conceived unless the court finds satisfactory evidence that the provider and the intended parent intended for the provider to be a parent.
(2)If the provider of ova, semen, or embryos is not the original source of the ova or sperm, each original providers written consent to the donation is required unless that person has executed a writing to consent to the donation, or to waive or relinquish their right to the genetic material, or as otherwise ordered by a court of law.
(e)(1)Notwithstanding any other law, persons who are not married to one another and who share legal control over the disposition of embryos shall not be prevented from entering into a written agreement whereby one person renounces all legal interest in the embryos, with the specific intent that the person renouncing all legal interest shall not be a legal parent of any child conceived with use of the embryos, despite any prior oral or written agreements, or legal judgments to the contrary. After that interest has been renounced in a writing signed by all persons with legal interest in or control over disposition of the embryos, the renouncing person shall be treated in law as a donor, and not a legal parent. Upon execution of that agreement, the person who retains legal interest in and control over disposition of the embryos shall have the sole right to determine the use and disposition of the embryos, including the right to attempt conception of a child, subject to any limitation pursuant to paragraph (2) of subdivision (d). Either party may file the agreement with the court, and the court shall issue an order establishing the nonparentage of the donor.
(2)If persons who share legal control over and interest in one or more embryos are married to one another at the time of signing the agreement, the agreement shall only become legally binding upon the courts entry of a final decree of dissolution that incorporates the agreement, after which the presumptions pursuant to Section 7540 or subdivisions (a), (b), or (c) of Section 7611 shall not apply.
SEC. 6.Section 8616.5 of the Family Code is amended to read:8616.5.(a)The Legislature finds and declares that some adoptive children may benefit from either direct or indirect contact with birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, after being adopted. Postadoption contact agreements are intended to ensure children of an achievable level of continuing contact when contact is beneficial to the children and the agreements are voluntarily executed by birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, and adoptive parents. Nothing in this section requires all of the listed parties to participate in the development of a postadoption contact agreement in order for the agreement to be executed.
(b)(1)Nothing in the adoption laws of this state shall be construed to prevent the adopting parent or parents, the birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, and the child from voluntarily executing a written agreement to permit continuing contact between the birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, and the child if the agreement is found by the court to have been executed voluntarily and to be in the best interests of the child at the time the adoption petition is granted.
(2)The terms of any postadoption contact agreement executed under this section shall be limited to, but need not include, all of the following:
(A)Provisions for visitation between the child and a birth parent or parents and other birth relatives, including siblings, and the childs Indian tribe if the case is governed by the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(B)Provisions for future contact between a birth parent or parents or other birth relatives, including siblings, or both, and the child or an adoptive parent, or both, and in cases governed by the Indian Child Welfare Act, the childs Indian tribe.
(C)Provisions for the sharing of information about the child in the future.
(3)The terms of any postadoption contact agreement with birth relatives, including siblings, other than the childs birth parent or parents shall be limited to the sharing of information about the child, unless the child has a preexisting relationship with the birth relative.
(c)At the time an adoption decree is entered pursuant to a petition filed pursuant to Section 8714, 8714.5, 8802, 8912, or 9000, the court entering the decree may grant postadoption privileges if an agreement for those privileges has been executed, including agreements executed pursuant to subdivision (f) of Section 8620. The hearing to grant the adoption petition and issue an order of adoption may be continued as necessary to permit parties who are in the process of negotiating a postadoption agreement to reach a final agreement.
(d)The child who is the subject of the adoption petition shall be considered a party to the postadoption contact agreement. The written consent to the terms and conditions of the postadoption contact agreement and any subsequent modifications of the agreement by a child who is 12 years of age or older is a necessary condition to the granting of privileges regarding visitation, contact, or sharing of information about the child, unless the court finds by a preponderance of the evidence that the agreement, as written, is in the best interests of the child. Any child who has been found to come within Section 300 of the Welfare and Institutions Code or who is the subject of a petition for jurisdiction of the juvenile court under Section 300 of the Welfare and Institutions Code shall be represented by an attorney for purposes of consent to the postadoption contact agreement.
(e)A postadoption contact agreement shall contain the following warnings in bold type:
(1)After the adoption petition has been granted by the court, the adoption cannot be set aside due to the failure of an adopting parent, a birth parent, a birth relative, including a sibling, an Indian tribe, or the child to follow the terms of this agreement or a later change to this agreement.
(2)A disagreement between the parties or litigation brought to enforce or modify the agreement shall not affect the validity of the adoption and shall not serve as a basis for orders affecting the custody of the child.
(3)A court will not act on a petition to change or enforce this agreement unless the petitioner has participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings to resolve the dispute.
(f)Upon the granting of the adoption petition and the issuing of the order of adoption of a child who is a dependent of the juvenile court, juvenile court dependency jurisdiction shall be terminated. Enforcement of the postadoption contact agreement shall be under the continuing jurisdiction of the court granting the petition of adoption. The court may not order compliance with the agreement absent a finding that the party seeking the enforcement participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings regarding the conflict, prior to the filing of the enforcement action, and that the enforcement is in the best interests of the child. Documentary evidence or offers of proof may serve as the basis for the courts decision regarding enforcement. No testimony or evidentiary hearing shall be required. The court shall not order further investigation or evaluation by any public or private agency or individual absent a finding by clear and convincing evidence that the best interests of the child may be protected or advanced only by that inquiry and that the inquiry will not disturb the stability of the childs home to the detriment of the child.
(g)The court may not award monetary damages as a result of the filing of the civil action pursuant to subdivision (e).
(h)A postadoption contact agreement may be modified or terminated only if either of the following occurs:
(1)All parties, including the child if the child is 12 years of age or older at the time of the requested termination or modification, have signed a modified postadoption contact agreement and the agreement is filed with the court that granted the petition of adoption.
(2)The court finds all of the following:
(A)The termination or modification is necessary to serve the best interests of the child.
(B)There has been a substantial change of circumstances since the original agreement was executed and approved by the court.
(C)The party seeking the termination or modification has participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings prior to seeking court approval of the proposed termination or modification.
Documentary evidence or offers of proof may serve as the basis for the courts decision. No testimony or evidentiary hearing shall be required. The court shall not order further investigation or evaluation by any public or private agency or individual absent a finding by clear and convincing evidence that the best interests of the child may be protected or advanced only by that inquiry and that the inquiry will not disturb the stability of the childs home to the detriment of the child.
(i)All costs and fees of mediation or other appropriate dispute resolution proceedings shall be borne by each party, excluding the child. All costs and fees of litigation shall be borne by the party filing the action to modify or enforce the agreement when no party has been found by the court as failing to comply with an existing postadoption contact agreement. Otherwise, a party, other than the child, found by the court as failing to comply without good cause with an existing agreement shall bear all the costs and fees of litigation.
(j)The Judicial Council shall adopt rules of court and forms for motions to enforce, terminate, or modify postadoption contact agreements.
(k)The court shall not set aside a decree of adoption, rescind a relinquishment, or modify an order to terminate parental rights or any other prior court order because of the failure of a birth parent, adoptive parent, birth relative, including a sibling, an Indian tribe, or the child to comply with any or all of the original terms of, or subsequent modifications to, the postadoption contact agreement, except as follows:
(1)Prior to issuing the order of adoption, in an adoption involving an Indian child, the court may, upon a petition of the birth parent, birth relative, including a sibling, or an Indian tribe, order the parties to engage in family mediation services for the purpose of reaching a postadoption contact agreement if the prospective adoptive parent fails to negotiate in good faith to execute a postadoption contact agreement, after having agreed to enter into negotiations, provided that the failure of the parties to reach an agreement is not in and of itself proof of bad faith.
(2)Prior to issuing the order of adoption, if the parties fail to negotiate in good faith to execute a postadoption contact agreement during the negotiations entered into pursuant to, and in accordance with, paragraph (1), the court may modify prior orders or issue new orders as necessary to ensure the best interest of the Indian child is met, including, but not limited to, requiring parties to engage in further family mediation services for the purpose of reaching a postadoption contact agreement, initiating guardianship proceeding in lieu of adoption, or authorizing a change of adoptive placement for the child.
(l)As used in this section, sibling means a person related to the identified child by blood, adoption, or affinity through a common legal or biological parent.
(m)(1)In every adoption, each petitioner shall inform the court in writing, on ADOPT-200, whether that petitioner has entered, or has agreed to enter into a postadoption contact agreement with any person or persons.
(2)(A)If a postadoption contact agreement has been entered into, the terms of the agreement shall be set forth on or attached to ADOPT-310 and that form shall be signed by each participant in the agreement. all adult parties to the agreement, and if applicable pursuant to subdivision (d), by the child who is the subject of the adoption.
(B)Prior to finalization of the adoption, the petitioner shall file this form and any attachments with the court. The petitioner shall provide a file-marked copy of the form to all signatories to the agreement, and to any licensed adoption agency that placed the child for adoption or consented to the adoption, within 30 days of the petitioners receipt of the file-marked copy.
SEC. 7.Section 8714 of the Family Code is amended to read:8714.(a)A person desiring to adopt a nondependent child may for that purpose file an adoption request in a county authorized by Section 8609.5. A person desiring to adopt a child who has been adjudged to be a dependent of the juvenile court pursuant to Section 300 of the Welfare and Institutions Code, freed for adoption by the juvenile court, and placed for adoption with the petitioner, may file the adoption request either in the county where the petitioner resides or in the county where the child was freed for adoption.
(b)The court clerk shall immediately notify the department at Sacramento in writing of the pendency of the proceeding and of any subsequent action taken.
(c)If the petitioner has entered into a postadoption contact agreement as set forth in Section 8616.5, the petitioner shall file the agreement, signed by the participating parties, with the court before the adoption is finalized.
(d)The caption of the adoption petition shall contain the names of the petitioners, but not the childs name. The petition shall state the childs sex and date of birth. The name the child had before adoption shall appear in the joinder signed by the licensed adoption agency.
(e)If the child is the subject of a guardianship petition, the adoption petition shall so state and shall include the caption and docket number or have attached a copy of the letters of the guardianship or temporary guardianship. The petitioners shall notify the court of any petition for guardianship or temporary guardianship filed after the adoption petition. The guardianship proceeding shall be consolidated with the adoption proceeding.
(f)The order of adoption shall contain the childs adopted name and the name the child had before adoption.
SEC. 8.Section 8802 of the Family Code is amended to read:8802.(a) Any of the following adult persons who desire to adopt a child may, for that purpose, file an adoption request in a county authorized by Section 8609.5:
(1)A person who is related to the child or the childs half sibling by blood or affinity, including all relatives whose status is preceded by the words step, great, great-great, or grand, or the spouse of any of these persons, even if the marriage was terminated by death or dissolution.
(2)A person named in the will of a deceased parent as an intended adoptive parent where the child has no other parent.
(3)A person with whom a child has been placed for adoption, in which case a copy of the independent adoption placement agreement shall be attached to the petition.
(4)A person who has been the childs legal guardian for more than one year. However, if the guardian was nominated by a parent for a purpose other than adoption and for a specified time period, or if the guardianship was established pursuant to Section 360 of the Welfare and Institutions Code, the guardianship shall have been in existence for at least three years, unless parental rights have already been terminated.
(5)If the child is alleged to have been abandoned pursuant to Section 7822, a person who has been the childs legal guardian for more than six months. The legal guardian may file a petition pursuant to Section 7822 in the same court and concurrently with the adoption request.
(6)A person named in a court order terminating parental rights as the childs legal guardian or prospective adoptive parent.
(b)The court clerk shall immediately notify the department in Sacramento in writing of the pendency of the proceeding and of any subsequent action taken.
(c)The adoption request shall contain an allegation that the petitioners will file promptly with the department or delegated county adoption agency information required by the department in the investigation of the proposed adoption. The omission of the allegation from the adoption request does not affect the jurisdiction of the court to proceed or the validity of an adoption order or other order based on the adoption request.
(d)The caption of the adoption request shall contain the names of the petitioners, but not the childs name. The body of the adoption request shall state the childs sex and date of birth and the name the child had before adoption.
(e)If the child is the subject of a guardianship petition, the adoption request shall so state and shall include the caption and docket number or have attached a copy of the letters of the guardianship or temporary guardianship. The petitioners shall notify the court of any petition for guardianship or temporary guardianship filed after the adoption request. The guardianship proceeding shall be consolidated with the adoption proceeding, and the consolidated case shall be heard and decided in the court in which the adoption is pending.
(f)If the petitioner has entered into a postadoption contact agreement as set forth in Section 8616.5, the petitioner shall file the agreement, signed by the participating parties, with the court before the adoption is finalized.
(g)The order of adoption shall contain the childs adopted name and the name the child had before adoption.
SEC. 9.Section 8912 of the Family Code is amended to read:8912.(a)An international adoption or readoption request may be filed by a resident of this state in a county authorized by Section 8609.5. The court clerk shall immediately notify the department at Sacramento in writing of the pendency of the proceeding and of any subsequent action taken.
(b)The caption of the adoption request shall contain the names of the petitioners, but not the childs name. The request shall state the childs sex, date of birth, and the name the child had before adoption.
(c)If the child is the subject of a guardianship petition, the adoption request shall so state and shall include the caption and docket number or have attached a copy of the letters of the guardianship or temporary guardianship. The petitioners shall notify the court of any petition for guardianship or temporary guardianship filed after the adoption petition. The guardianship proceeding shall be consolidated with the adoption proceeding.
(d)The order of adoption shall contain the childs adopted name and the name the child had before adoption.
(e)If the petitioner has entered into a postadoption contact agreement as set forth in Section 8616.5, the petitioner shall file the agreement, signed by the participating parties, with the court before the adoption is finalized.
SEC. 10.Section 9000 of the Family Code is amended to read:9000.(a)A stepparent desiring to adopt a child of the stepparents spouse may for that purpose file a petition in any county authorized by Section 8609.5.
(b)A domestic partner, as defined in Section 297, desiring to adopt a child of the other domestic partner may, for that purpose, file a petition in any county authorized pursuant to Section 8609.5.
(c)The caption of the adoption petition shall contain the names of the petitioners, but not the childs name. The petition shall state the childs sex and date of birth and the name the child had before adoption.
(d)If the child is the subject of a guardianship petition, the adoption petition shall so state and shall include the caption and docket number or have attached a copy of the letters of the guardianship or temporary guardianship. The petitioners shall notify the court of any petition for guardianship or temporary guardianship filed after the adoption petition. The guardianship proceeding shall be consolidated with the adoption proceeding.
(e)The order of adoption shall contain the childs adopted name and the name the child had before adoption.
(f)If the petitioner has entered into a postadoption contact agreement pursuant to Section 8616.5, the petitioner shall file the agreement, signed by the participating parties, with the court before the adoption is finalized.
(g)For the purposes of this chapter, stepparent adoption includes adoption by a domestic partner, as defined in Section 297.
(a)(1)A superior court has jurisdiction under California law to make judicial determinations regarding the custody and care of children within the meaning of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101 et seq. and 8 C.F.R. Sec. 204.11), which includes, but is not limited to, the juvenile, probate, and family court divisions of the superior court. These courts have jurisdiction to make the factual findings necessary to enable a child to petition the United States Citizenship and Immigration Services for classification as a special immigrant juvenile pursuant to Section 1101(a)(27)(J) of Title 8 of the United States Code.
(2)The factual findings set forth in paragraph (1) of subdivision (b) may be made at any point in a proceeding regardless of the division of the superior court or type of proceeding if the prerequisites of that subdivision are met.
(b)(1)If an order is requested from the superior court making the necessary findings regarding special immigrant juvenile status pursuant to Section 1101(a)(27)(J) of Title 8 of the United States Code, and there is evidence to support those findings, which may consist solely of, but is not limited to, a declaration by the child who is the subject of the petition, the court shall issue the order, which shall include all of the following findings:
(A)The child was either of the following:
(i)Declared a dependent of the court.
(ii)Legally committed to, or placed under the custody of, a state agency or department, or an individual or entity appointed by the court. The court shall indicate the date on which the dependency, commitment, or custody was ordered.
(B)That reunification of the child with one or both of the childs parents was determined not to be viable because of abuse, neglect, abandonment, or a similar basis pursuant to California law. The court shall indicate the date on which reunification was determined not to be viable.
(C)That it is not in the best interest of the child to be returned to the childs, or his or her the childs parents, previous country of nationality or country of last habitual residence.
(2)The superior the court may make additional findings under this section that are supported by evidence only if requested by a party. The asserted, purported, or perceived motivation of the child seeking classification as a special immigrant juvenile shall not be admissible in making the findings under this section. The court shall not include nor reference the asserted, purported, or perceived motivation of the child seeking classification as a special immigrant juvenile in the courts findings under this section.
(c)In any judicial proceedings in response to a request that the superior court make the findings necessary to support a petition for classification as a special immigrant juvenile, information regarding the childs immigration status that is not otherwise protected by state confidentiality laws shall remain confidential and shall be available for inspection only by the court, the child who is the subject of the proceeding, the parties, the attorneys for the parties, the childs counsel, and the childs guardian.
(d)In any judicial proceedings in response to a request that the superior court make the findings necessary to support a petition for classification as a special immigrant juvenile, records of the proceedings that are not otherwise protected by state confidentiality laws may be sealed using the procedure set forth in California Rules of Court 2.550 and 2.551.
(e)The Judicial Council shall adopt any rules and forms needed to implement this section.
(f)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 2.Section 155 is added to the Code of Civil Procedure, to read:155.(a)(1)A superior court has jurisdiction under California law to make judicial determinations regarding the custody and care of children within the meaning of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101 et seq. and 8 C.F.R. Sec. 204.11), which includes, but is not limited to, the juvenile, probate, and family court divisions of the superior court. These courts have jurisdiction to make the factual findings necessary to enable a child to petition the United States Citizenship and Immigration Services for classification as a special immigrant juvenile pursuant to Section 1101(a)(27)(J) of Title 8 of the United States Code.
(2)The judicial determinations set forth in paragraph (1) of subdivision (b) may be made for a child up to 21 years of age at any point in a proceeding regardless of the division of the superior court or type of proceeding if the prerequisites of that subdivision are met. A nunc pro tunc entry is permissible and shall not require proof of any clerical or other error, as long as the determinations could have been made as of the nunc pro tunc date.
(b)(1)If an order is requested from the superior court making the necessary findings regarding special immigrant juvenile status pursuant to Section 1101(a)(27)(J) of Title 8 of the United States Code, and there is evidence to support those findings, which may consist solely of, but is not limited to, a declaration by the child who is the subject of the petition, the court shall issue the order, which shall include all of the following findings:
(A)The child was either of the following:
(i)Declared a dependent of the court.
(ii)Legally committed to, or placed under the custody of, a state agency or department, or an individual or entity appointed by the court. The court shall indicate the date on which the dependency, commitment, or custody was ordered.
(B)That reunification of the child with one or both of the childs parents was determined not to be viable because of abuse, neglect, abandonment, or a similar basis pursuant to California law. The court shall indicate the date on which reunification was determined not to be viable.
(C)That it is not in the best interest of the child to be returned to the childs, or the childs parents, previous country of nationality or country of last habitual residence.
(2)The superior court may make additional findings under this section that are supported by evidence only if requested by a party. The asserted, purported, or perceived motivation of the child seeking classification as a special immigrant juvenile shall not be admissible in making the findings under this section. The court shall not include nor reference the asserted, purported, or perceived motivation of the child seeking classification as a special immigrant juvenile in the courts findings under this section.
(c)In any judicial proceedings in response to a request that the superior court make the findings necessary to support a petition for classification as a special immigrant juvenile, information regarding the childs immigration status that is not otherwise protected by state confidentiality laws shall remain confidential and shall be available for inspection only by the court, the child who is the subject of the proceeding, the parties, the attorneys for the parties, the childs counsel, and the childs guardian.
(d)In any judicial proceedings in response to a request that the superior court make the findings necessary to support a petition for classification as a special immigrant juvenile, records of the proceedings that are not otherwise protected by state confidentiality laws may be sealed using the procedure set forth in California Rules of Court 2.550 and 2.551.
(e)This section shall be operative on January 1, 2025.
SEC. 2.SEC. 3.Section 7551 of the Family Code is amended 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 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.
(c)A court shall not order in utero 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. 3.SEC. 4.Section 7573.5 of the Family Code is amended 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 donor pursuant to Section 7613.
(6)The person seeking to establish parentage asserts that the person 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. 4.SEC. 5.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 who is not the womans spouse, with the consent of another intended parent, that intended parent is treated in law as if that intended parent is the natural parent of a child thereby conceived. The other intended parents 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 donors spouse is treated in law as if the donor is not the natural parent of a child thereby conceived, unless the donor and the woman signed a written agreement before the conception of the child, that the donor would be a parent.
(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 donors spouse is treated in law as if the donor is not the natural parent of a child thereby conceived if either of the following are met:
(A)The donor and the woman signed a written agreement before 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.
(c)A person providing ova for use in assisted reproduction by a person other than the providers spouse or nonmarital partner is treated in law as if the provider is not the natural parent of a child thereby conceived unless the court finds satisfactory evidence that the provider of the ova, and each recipient, intended for that provider to have parental rights.
(d)(1)A provider of an embryo for use in assisted reproduction to an intended parent who is not the providers spouse or nonmarital partner is treated in law as if the provider is not the natural parent of a child thereby conceived unless the court finds satisfactory evidence that the provider and the intended parent intended for the provider to be a parent.
(2)If the provider of ova, semen, or embryos is not the original source of the ova or sperm, each original providers written consent to the donation is required unless that person has executed a writing to consent to the donation, or to waive or relinquish their right to the genetic material, or as otherwise ordered by a court of law.
(e)(1)Notwithstanding any other law, persons who are not married to one another and who share legal control over the disposition of embryos shall not be prevented from entering into a written agreement whereby one person renounces all legal interest in the embryos, with the specific intent that the person renouncing all legal interest shall not be a legal parent of any child conceived with use of the embryos, despite any prior oral or written agreements, or legal judgments to the contrary. After that interest has been renounced in a writing signed by all persons with legal interest in or control over disposition of the embryos, the renouncing person shall be treated in law as a donor, and not a legal parent. Upon execution of that agreement, the person who retains legal interest in and control over disposition of the embryos shall have the sole right to determine the use and disposition of the embryos, including the right to attempt conception of a child, subject to any limitation pursuant to paragraph (2) of subdivision (d). Either party may file the agreement with the court, and the court shall issue an order establishing the nonparentage of the donor.
(2)If persons who share legal control over and interest in one or more embryos are married to one another at the time of signing the agreement, the agreement shall only become legally binding upon the courts entry of a final decree of dissolution that incorporates the agreement, after which the presumptions pursuant to Section 7540 or subdivisions (a), (b), or (c) of Section 7611 shall not apply.
SEC. 6.Section 8616.5 of the Family Code is amended to read:8616.5.(a)The Legislature finds and declares that some adoptive children may benefit from either direct or indirect contact with birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, after being adopted. Postadoption contact agreements are intended to ensure children of an achievable level of continuing contact when contact is beneficial to the children and the agreements are voluntarily executed by birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, and adoptive parents. Nothing in this section requires all of the listed parties to participate in the development of a postadoption contact agreement in order for the agreement to be executed.
(b)(1)Nothing in the adoption laws of this state shall be construed to prevent the adopting parent or parents, the birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, and the child from voluntarily executing a written agreement to permit continuing contact between the birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, and the child if the agreement is found by the court to have been executed voluntarily and to be in the best interests of the child at the time the adoption petition is granted.
(2)The terms of any postadoption contact agreement executed under this section shall be limited to, but need not include, all of the following:
(A)Provisions for visitation between the child and a birth parent or parents and other birth relatives, including siblings, and the childs Indian tribe if the case is governed by the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(B)Provisions for future contact between a birth parent or parents or other birth relatives, including siblings, or both, and the child or an adoptive parent, or both, and in cases governed by the Indian Child Welfare Act, the childs Indian tribe.
(C)Provisions for the sharing of information about the child in the future.
(3)The terms of any postadoption contact agreement with birth relatives, including siblings, other than the childs birth parent or parents shall be limited to the sharing of information about the child, unless the child has a preexisting relationship with the birth relative.
(c)At the time an adoption decree is entered pursuant to a petition filed pursuant to Section 8714, 8714.5, 8802, 8912, or 9000, the court entering the decree may grant postadoption privileges if an agreement for those privileges has been executed, including agreements executed pursuant to subdivision (f) of Section 8620. The hearing to grant the adoption petition and issue an order of adoption may be continued as necessary to permit parties who are in the process of negotiating a postadoption agreement to reach a final agreement.
(d)The child who is the subject of the adoption petition shall be considered a party to the postadoption contact agreement. The written consent to the terms and conditions of the postadoption contact agreement and any subsequent modifications of the agreement by a child who is 12 years of age or older is a necessary condition to the granting of privileges regarding visitation, contact, or sharing of information about the child, unless the court finds by a preponderance of the evidence that the agreement, as written, is in the best interests of the child. Any child who has been found to come within Section 300 of the Welfare and Institutions Code or who is the subject of a petition for jurisdiction of the juvenile court under Section 300 of the Welfare and Institutions Code shall be represented by an attorney for purposes of consent to the postadoption contact agreement.
(e)A postadoption contact agreement shall contain the following warnings in bold type:
(1)After the adoption petition has been granted by the court, the adoption cannot be set aside due to the failure of an adopting parent, a birth parent, a birth relative, including a sibling, an Indian tribe, or the child to follow the terms of this agreement or a later change to this agreement.
(2)A disagreement between the parties or litigation brought to enforce or modify the agreement shall not affect the validity of the adoption and shall not serve as a basis for orders affecting the custody of the child.
(3)A court will not act on a petition to change or enforce this agreement unless the petitioner has participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings to resolve the dispute.
(f)Upon the granting of the adoption petition and the issuing of the order of adoption of a child who is a dependent of the juvenile court, juvenile court dependency jurisdiction shall be terminated. Enforcement of the postadoption contact agreement shall be under the continuing jurisdiction of the court granting the petition of adoption. The court may not order compliance with the agreement absent a finding that the party seeking the enforcement participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings regarding the conflict, prior to the filing of the enforcement action, and that the enforcement is in the best interests of the child. Documentary evidence or offers of proof may serve as the basis for the courts decision regarding enforcement. No testimony or evidentiary hearing shall be required. The court shall not order further investigation or evaluation by any public or private agency or individual absent a finding by clear and convincing evidence that the best interests of the child may be protected or advanced only by that inquiry and that the inquiry will not disturb the stability of the childs home to the detriment of the child.
(g)The court may not award monetary damages as a result of the filing of the civil action pursuant to subdivision (e).
(h)A postadoption contact agreement may be modified or terminated only if either of the following occurs:
(1)All parties, including the child if the child is 12 years of age or older at the time of the requested termination or modification, have signed a modified postadoption contact agreement and the agreement is filed with the court that granted the petition of adoption.
(2)The court finds all of the following:
(A)The termination or modification is necessary to serve the best interests of the child.
(B)There has been a substantial change of circumstances since the original agreement was executed and approved by the court.
(C)The party seeking the termination or modification has participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings prior to seeking court approval of the proposed termination or modification.
Documentary evidence or offers of proof may serve as the basis for the courts decision. No testimony or evidentiary hearing shall be required. The court shall not order further investigation or evaluation by any public or private agency or individual absent a finding by clear and convincing evidence that the best interests of the child may be protected or advanced only by that inquiry and that the inquiry will not disturb the stability of the childs home to the detriment of the child.
(i)All costs and fees of mediation or other appropriate dispute resolution proceedings shall be borne by each party, excluding the child. All costs and fees of litigation shall be borne by the party filing the action to modify or enforce the agreement when no party has been found by the court as failing to comply with an existing postadoption contact agreement. Otherwise, a party, other than the child, found by the court as failing to comply without good cause with an existing agreement shall bear all the costs and fees of litigation.
(j)The Judicial Council shall adopt rules of court and forms for motions to enforce, terminate, or modify postadoption contact agreements.
(k)The court shall not set aside a decree of adoption, rescind a relinquishment, or modify an order to terminate parental rights or any other prior court order because of the failure of a birth parent, adoptive parent, birth relative, including a sibling, an Indian tribe, or the child to comply with any or all of the original terms of, or subsequent modifications to, the postadoption contact agreement, except as follows:
(1)Prior to issuing the order of adoption, in an adoption involving an Indian child, the court may, upon a petition of the birth parent, birth relative, including a sibling, or an Indian tribe, order the parties to engage in family mediation services for the purpose of reaching a postadoption contact agreement if the prospective adoptive parent fails to negotiate in good faith to execute a postadoption contact agreement, after having agreed to enter into negotiations, provided that the failure of the parties to reach an agreement is not in and of itself proof of bad faith.
(2)Prior to issuing the order of adoption, if the parties fail to negotiate in good faith to execute a postadoption contact agreement during the negotiations entered into pursuant to, and in accordance with, paragraph (1), the court may modify prior orders or issue new orders as necessary to ensure the best interest of the Indian child is met, including, but not limited to, requiring parties to engage in further family mediation services for the purpose of reaching a postadoption contact agreement, initiating guardianship proceeding in lieu of adoption, or authorizing a change of adoptive placement for the child.
(l)As used in this section, sibling means a person related to the identified child by blood, adoption, or affinity through a common legal or biological parent.
(m)(1)In every adoption, each petitioner shall inform the court in writing, on ADOPT-200, whether that petitioner has entered, or has agreed to enter into a postadoption contact agreement with any person or persons.
(2)(A)If a postadoption contact agreement has been entered into, the terms of the agreement shall be set forth on or attached to ADOPT-310 and that form shall be signed by each participant in the agreement.
(B)Prior to finalization of the adoption, the petitioner shall file this form and any attachments with the court. The petitioner shall provide a file-marked copy of the form to all signatories to the agreement, and to any licensed adoption agency that placed the child for adoption or consented to the adoption, within 30 days of the petitioners receipt of the file-marked copy.
SEC. 5.SEC. 7.Section 8714 of the Family Code is amended to read:8714.(a)A person desiring to adopt a nondependent child may for that purpose file an adoption request in a county authorized by Section 8609.5. A person desiring to adopt a child who has been adjudged to be a dependent of the juvenile court pursuant to Section 300 of the Welfare and Institutions Code, freed for adoption by the juvenile court, and placed for adoption with the petitioner, may file the adoption request either in the county where the petitioner resides or in the county where the child was freed for adoption.
(b)The court clerk shall immediately notify the department at Sacramento in writing of the pendency of the proceeding and of any subsequent action taken.
(c)If the petitioner has entered into a postadoption contact agreement as set forth in Section 8616.5, the petitioner shall file the agreement, signed by both the participating parties, with the court before the adoption is finalized. If the petitioner fails to file the agreement by that time, any other party to the agreement may file the agreement with the court at any time during the childs minority.
(d)The caption of the adoption petition shall contain the names of the petitioners, but not the childs name. The petition shall state the childs sex and date of birth. The name the child had before adoption shall appear in the joinder signed by the licensed adoption agency.
(e)If the child is the subject of a guardianship petition, the adoption petition shall so state and shall include the caption and docket number or have attached a copy of the letters of the guardianship or temporary guardianship. The petitioners shall notify the court of any petition for guardianship or temporary guardianship filed after the adoption petition. The guardianship proceeding shall be consolidated with the adoption proceeding.
(f)The order of adoption shall contain the childs adopted name and the name the child had before adoption.
SEC. 6.SEC. 8.Section 8802 of the Family Code is amended to read:8802.(a) Any of the following adult persons who desire to adopt a child may, for that purpose, file an adoption request in a county authorized by Section 8609.5:
(1)A person who is related to the child or the childs half sibling by blood or affinity, including all relatives whose status is preceded by the words step, great, great-great, or grand, or the spouse of any of these persons, even if the marriage was terminated by death or dissolution.
(2)A person named in the will of a deceased parent as an intended adoptive parent where the child has no other parent.
(3)A person with whom a child has been placed for adoption, in which case a copy of the independent adoption placement agreement shall be attached to the petition.
(4)A person who has been the childs legal guardian for more than one year. However, if the guardian was nominated by a parent for a purpose other than adoption and for a specified time period, or if the guardianship was established pursuant to Section 360 of the Welfare and Institutions Code, the guardianship shall have been in existence for at least three years, unless parental rights have already been terminated.
(5)If the child is alleged to have been abandoned pursuant to Section 7822, a person who has been the childs legal guardian for more than six months. The legal guardian may file a petition pursuant to Section 7822 in the same court and concurrently with the adoption request.
(6)A person named in a court order terminating parental rights as the childs legal guardian or prospective adoptive parent.
(b)The court clerk shall immediately notify the department in Sacramento in writing of the pendency of the proceeding and of any subsequent action taken.
(c)The adoption request shall contain an allegation that the petitioners will file promptly with the department or delegated county adoption agency information required by the department in the investigation of the proposed adoption. The omission of the allegation from the adoption request does not affect the jurisdiction of the court to proceed or the validity of an adoption order or other order based on the adoption request.
(d)The caption of the adoption request shall contain the names of the petitioners, but not the childs name. The body of the adoption request shall state the childs sex and date of birth and the name the child had before adoption.
(e)If the child is the subject of a guardianship petition, the adoption request shall so state and shall include the caption and docket number or have attached a copy of the letters of the guardianship or temporary guardianship. The petitioners shall notify the court of any petition for guardianship or temporary guardianship filed after the adoption request. The guardianship proceeding shall be consolidated with the adoption proceeding, and the consolidated case shall be heard and decided in the court in which the adoption is pending.
(f)If the petitioner has entered into a postadoption contact agreement as set forth in Section 8616.5, the petitioner shall file the agreement, signed by both the participating parties, with the court before the adoption is finalized. If the petitioner fails to file the agreement by that time, any other party to the agreement may file the agreement with the court at any time during the childs minority.
(g)The order of adoption shall contain the childs adopted name and the name the child had before adoption.
SEC. 7.SEC. 9.Section 8912 of the Family Code is amended to read:8912.(a)An international adoption or readoption request may be filed by a resident of this state in a county authorized by Section 8609.5. The court clerk shall immediately notify the department at Sacramento in writing of the pendency of the proceeding and of any subsequent action taken.
(b)The caption of the adoption request shall contain the names of the petitioners, but not the childs name. The request shall state the childs sex, date of birth, and the name the child had before adoption.
(c)If the child is the subject of a guardianship petition, the adoption request shall so state and shall include the caption and docket number or have attached a copy of the letters of the guardianship or temporary guardianship. The petitioners shall notify the court of any petition for guardianship or temporary guardianship filed after the adoption petition. The guardianship proceeding shall be consolidated with the adoption proceeding.
(d)The order of adoption shall contain the childs adopted name and the name the child had before adoption.
(e)If the petitioner has entered into a postadoption contact agreement as set forth in Section 8616.5, the petitioner shall file the agreement, signed by both the participating parties, with the court before the adoption is finalized. If the petitioner fails to file the agreement by that time, any other party to the agreement may file the agreement with the court at any time during the childs minority.
SEC. 8.SEC. 10.Section 9000 of the Family Code is amended to read:9000.(a)A stepparent desiring to adopt a child of the stepparents spouse may for that purpose file a petition in any county authorized by Section 8609.5.
(b)A domestic partner, as defined in Section 297, desiring to adopt a child of the other domestic partner may, for that purpose, file a petition in any county authorized pursuant to Section 8609.5.
(c)The caption of the adoption petition shall contain the names of the petitioners, but not the childs name. The petition shall state the childs sex and date of birth and the name the child had before adoption.
(d)If the child is the subject of a guardianship petition, the adoption petition shall so state and shall include the caption and docket number or have attached a copy of the letters of the guardianship or temporary guardianship. The petitioners shall notify the court of any petition for guardianship or temporary guardianship filed after the adoption petition. The guardianship proceeding shall be consolidated with the adoption proceeding.
(e)The order of adoption shall contain the childs adopted name and the name the child had before adoption.
(f)If the petitioner has entered into a postadoption contact agreement pursuant to Section 8616.5, the petitioner shall file the agreement, signed by both the participating parties, with the court before the adoption is finalized. If the petitioner fails to file the agreement by that time, any other party to the agreement may file the agreement with the court at any time during the childs minority.
(g)For the purposes of this chapter, stepparent adoption includes adoption by a domestic partner, as defined in Section 297.
SEC. 9.Section 9004 of the Family Code is amended to read:9004.In a stepparent adoption, the form prescribed by the Judicial Council for the consent of the birth parent shall contain substantially the following notice:Notice to the parent who gives the child for adoption: If you and your child lived together at any time as parent and child, the adoption of your child through a stepparent adoption does not affect the childs right to inherit your property or the property of other blood relatives.(a)(1)A superior court has jurisdiction under California law to make judicial determinations regarding the custody and care of children within the meaning of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101 et seq. and 8 C.F.R. Sec. 204.11), which includes, but is not limited to, the juvenile, probate, and family court divisions of the superior court. These courts have jurisdiction to make the factual findings necessary to enable a child to petition the United States Citizenship and Immigration Services for classification as a special immigrant juvenile pursuant to Section 1101(a)(27)(J) of Title 8 of the United States Code.
(2)The factual findings set forth in paragraph (1) of subdivision (b) may be made for a child up to 21 years of age at any point in a proceeding, nunc pro tunc, or both, regardless of the division of the superior court or type of proceeding if the prerequisites of that subdivision are met. A nunc pro tunc entry of the factual findings shall not require proof of any clerical or other error, but shall only require evidence of the following:
(A)The relevant facts were true as of the requested nunc pro tunc date.
(B)It is in the childs best interests to enter the findings nunc pro tunc.
(b)(1)If an order is requested from the superior court making the necessary findings regarding special immigrant juvenile status pursuant to Section 1101(a)(27)(J) of Title 8 of the United States Code, and there is evidence to support those findings, which may consist solely of, but is not limited to, a declaration by the child who is the subject of the petition, the court shall issue the order, which shall include all of the following findings:
(A)The child was either of the following:
(i)Declared a dependent of the court.
(ii)Legally committed to, or placed under the custody of, a state agency or department, or an individual or entity appointed by the court. The court shall indicate the date on which the dependency, commitment, or custody was ordered.
(B)That reunification of the child with one or both of the childs parents was determined not to be viable because of abuse, neglect, abandonment, or a similar basis pursuant to California law. The court shall indicate the date on which reunification was determined not to be viable.
(C)That it is not in the best interest of the child to be returned to the childs, or the childs parents, previous country of nationality or country of last habitual residence.
(2)The superior court may make additional findings under this section that are supported by evidence only if requested by a party. The asserted, purported, or perceived motivation of the child seeking classification as a special immigrant juvenile shall not be admissible in making the findings under this section. The court shall not include nor reference the asserted, purported, or perceived motivation of the child seeking classification as a special immigrant juvenile in the courts findings under this section.
(c)In any judicial proceedings in response to a request that the superior court make the findings necessary to support a petition for classification as a special immigrant juvenile, information regarding the childs immigration status that is not otherwise protected by state confidentiality laws shall remain confidential and shall be available for inspection only by the court, the child who is the subject of the proceeding, the parties, the attorneys for the parties, the childs counsel, and the childs guardian.
(d)In any judicial proceedings in response to a request that the superior court make the findings necessary to support a petition for classification as a special immigrant juvenile, records of the proceedings that are not otherwise protected by state confidentiality laws may be sealed using the procedure set forth in California Rules of Court 2.550 and 2.551.
(e)The Judicial Council shall adopt any rules and forms needed to implement this section.
SEC. 2.Section 7551 of the Family Code is amended 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 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.
(c)A court shall not order in utero 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. 3.Section 7573.5 of the Family Code is amended 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 donor pursuant to Section 7613.
(6)The person seeking to establish parentage asserts that the person 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. 4.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 who is not the womans spouse, with the consent of another intended parent, that intended parent is treated in law as if that intended parent is the natural parent of a child thereby conceived. The other intended parents 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 donors spouse is treated in law as if the donor is not the natural parent of a child thereby conceived, unless the donor and the woman signed a written agreement before the conception of the child, that the donor would be a parent parent.
(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 donors spouse is treated in law as if the donor is not the natural parent of a child thereby conceived if either of the following are met:
(A)The donor and the woman signed a written agreement before 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.
(c)A person providing ova for use in assisted reproduction by a person other than the providers spouse or nonmarital partner is treated in law as if the provider is not the natural parent of a child thereby conceived unless the court finds satisfactory evidence that the provider of the ova, and each recipient, intended for that provider to have parental rights.
(d)(1)A provider of an embryo for use in assisted reproduction to an intended parent who is not the providers spouse or nonmarital partner is treated in law as if the provider is not the natural parent of a child thereby conceived unless the court finds satisfactory evidence that the provider and the intended parent intended for the provider to be a parent.
(2)If the provider of ova, semen, or embryos is not the original source of the ova or sperm, each original providers written consent to the donation is required unless that person has executed a writing to consent to the donation, or to waive or relinquish their right to the genetic material, or as otherwise ordered by a court of law.
(e)(1)Notwithstanding any other law, persons who are not married to one another and who share legal control over the disposition of embryos shall not be prevented from entering into a written agreement whereby one person renounces all legal interest in the embryos, with the specific intent that the person renouncing all legal interest shall not be a legal parent of any child conceived with use of the embryos, despite any prior oral or written agreements, or legal judgments to the contrary. After that interest has been renounced in a writing signed by all persons with legal interest in or control over disposition of the embryos, the renouncing person shall be treated in law as a donor, and not a legal parent. Upon execution of that agreement, the person who retains legal interest in and control over disposition of the embryos shall have the sole right to determine the use and disposition of the embryos, including the right to attempt conception of a child, subject to any limitation pursuant to paragraph (2) of subdivision (d). Either party may file the agreement with the court, and the court shall issue an order establishing the nonparentage of the donor.
(2)If persons who share legal control over and interest in one or more embryos are married to one another at the time of signing the agreement, the agreement shall only become legally binding upon the courts entry of a final decree of dissolution that incorporates the agreement, after which the presumptions pursuant to Section 7540 or subdivisions (a), (b), or (c) of Section 7611 shall not apply.
SEC. 5.Section 8714 of the Family Code is amended to read:8714.(a)A person desiring to adopt a nondependent child may for that purpose file an adoption request in a county authorized by Section 8609.5. A person desiring to adopt a child who has been adjudged to be a dependent of the juvenile court pursuant to Section 300 of the Welfare and Institutions Code, freed for adoption by the juvenile court, and placed for adoption with the petitioner, may file the adoption request either in the county where the petitioner resides or in the county where the child was freed for adoption.
(b)The court clerk shall immediately notify the department at Sacramento in writing of the pendency of the proceeding and of any subsequent action taken.
(c)If the petitioner has entered into a postadoption contact agreement as set forth in Section 8616.5, the petitioner shall file the agreement agreement, signed by both participating parties, with the court before the adoption is finalized. If the petitioner fails to file the agreement by that time, any other party to the agreement may file the agreement with the court at any time during the childs minority.
(d)The caption of the adoption petition shall contain the names of the petitioners, but not the childs name. The petition shall state the childs sex and date of birth. The name the child had before adoption shall appear in the joinder signed by the licensed adoption agency.
(e)If the child is the subject of a guardianship petition, the adoption petition shall so state and shall include the caption and docket number or have attached a copy of the letters of the guardianship or temporary guardianship. The petitioners shall notify the court of any petition for guardianship or temporary guardianship filed after the adoption petition. The guardianship proceeding shall be consolidated with the adoption proceeding.
(f)The order of adoption shall contain the childs adopted name and the name the child had before adoption.
SEC. 6.Section 8802 of the Family Code is amended to read:8802.(a) Any of the following adult persons who desire to adopt a child may, for that purpose, file an adoption request in a county authorized by Section 8609.5:
(1)A person who is related to the child or the childs half sibling by blood or affinity, including all relatives whose status is preceded by the words step, great, great-great, or grand, or the spouse of any of these persons, even if the marriage was terminated by death or dissolution.
(2)A person named in the will of a deceased parent as an intended adoptive parent where the child has no other parent.
(3)A person with whom a child has been placed for adoption, in which case a copy of the independent adoption placement agreement shall be attached to the petition.
(4)A person who has been the childs legal guardian for more than one year. However, if the guardian was nominated by a parent for a purpose other than adoption and for a specified time period, or if the guardianship was established pursuant to Section 360 of the Welfare and Institutions Code, the guardianship shall have been in existence for at least three years, unless parental rights have already been terminated.
(5)If the child is alleged to have been abandoned pursuant to Section 7822, a person who has been the childs legal guardian for more than six months. The legal guardian may file a petition pursuant to Section 7822 in the same court and concurrently with the adoption request.
(6)A person named in a court order terminating parental rights as the childs legal guardian or prospective adoptive parent.
(b)The court clerk shall immediately notify the department in Sacramento in writing of the pendency of the proceeding and of any subsequent action taken.
(c)The adoption request shall contain an allegation that the petitioners will file promptly with the department or delegated county adoption agency information required by the department in the investigation of the proposed adoption. The omission of the allegation from the adoption request does not affect the jurisdiction of the court to proceed or the validity of an adoption order or other order based on the adoption request.
(d)The caption of the adoption request shall contain the names of the petitioners, but not the childs name. The body of the adoption request shall state the childs sex and date of birth and the name the child had before adoption.
(e)If the child is the subject of a guardianship petition, the adoption request shall so state and shall include the caption and docket number or have attached a copy of the letters of the guardianship or temporary guardianship. The petitioners shall notify the court of any petition for guardianship or temporary guardianship filed after the adoption request. The guardianship proceeding shall be consolidated with the adoption proceeding, and the consolidated case shall be heard and decided in the court in which the adoption is pending.
(f)If the petitioner has entered into a postadoption contact agreement as set forth in Section 8616.5, the petitioner shall file the agreement agreement, signed by both participating parties, with the court before the adoption is finalized. If the petitioner fails to file the agreement by that time, any other party to the agreement may file the agreement with the court at any time during the childs minority.
(g)The order of adoption shall contain the childs adopted name and the name the child had before adoption.
SEC. 7.Section 8912 of the Family Code is amended to read:8912.(a)An international adoption or readoption request may be filed by a resident of this state in a county authorized by Section 8609.5. The court clerk shall immediately notify the department at Sacramento in writing of the pendency of the proceeding and of any subsequent action taken.
(b)The caption of the adoption request shall contain the names of the petitioners, but not the childs name. The request shall state the childs sex, date of birth, and the name the child had before adoption.
(c)If the child is the subject of a guardianship petition, the adoption request shall so state and shall include the caption and docket number or have attached a copy of the letters of the guardianship or temporary guardianship. The petitioners shall notify the court of any petition for guardianship or temporary guardianship filed after the adoption petition. The guardianship proceeding shall be consolidated with the adoption proceeding.
(d)The order of adoption shall contain the childs adopted name and the name the child had before adoption.
(e)If the petitioner has entered into a postadoption contact agreement as set forth in Section 8616.5, the petitioner shall file the agreement agreement, signed by both participating parties, with the court before the adoption is finalized. If the petitioner fails to file the agreement by that time, any other party to the agreement may file the agreement with the court at any time during the childs minority.
SEC. 8.Section 9000 of the Family Code is amended to read:9000.(a)A stepparent desiring to adopt a child of the stepparents spouse may for that purpose file a petition in any county authorized by Section 8609.5.
(b)A domestic partner, as defined in Section 297, desiring to adopt a child of the other domestic partner may, for that purpose, file a petition in any county authorized pursuant to Section 8609.5.
(c)The caption of the adoption petition shall contain the names of the petitioners, but not the childs name. The petition shall state the childs sex and date of birth and the name the child had before adoption.
(d)If the child is the subject of a guardianship petition, the adoption petition shall so state and shall include the caption and docket number or have attached a copy of the letters of the guardianship or temporary guardianship. The petitioners shall notify the court of any petition for guardianship or temporary guardianship filed after the adoption petition. The guardianship proceeding shall be consolidated with the adoption proceeding.
(e)The order of adoption shall contain the childs adopted name and the name the child had before adoption.
(f)If the petitioner has entered into a postadoption contact agreement pursuant to Section 8616.5, the petitioner shall file the agreement agreement, signed by both participating parties, with the court before the adoption is finalized. If the petitioner fails to file the agreement by that time, any other party to the agreement may file the agreement with the court at any time during the childs minority.
(g)For the purposes of this chapter, stepparent adoption includes adoption by a domestic partner, as defined in Section 297.
SEC. 9.Section 9004 of the Family Code is amended to read:9004.In a stepparent adoption, the form prescribed by the Judicial Council for the consent of the birth parent shall contain substantially the following notice:
Notice to the parent who gives the child for adoption: If you and your child lived together at any time as parent and child, the adoption of your child through a stepparent adoption does not affect the childs right to inherit your property or the property of other blood relatives.
(a)(1)A superior court has jurisdiction under California law to make judicial determinations regarding the custody and care of children within the meaning of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101 et seq. and 8 C.F.R. Sec. 204.11), which includes, but is not limited to, the juvenile, probate, and family court divisions of the superior court. These courts have jurisdiction to make the factual findings necessary to enable a child to petition the United States Citizenship and Immigration Services for classification as a special immigrant juvenile pursuant to Section 1101(a)(27)(J) of Title 8 of the United States Code.
(2)The factual findings set forth in paragraph (1) of subdivision (b) may be made for a child up to 21 years of age at any point in a proceeding proceeding, nunc pro tunc, or both, regardless of the division of the superior court or type of proceeding if the prerequisites of that subdivision are met. A nunc pro tunc entry of the factual findings shall not require proof of any clerical or other error, but shall only require evidence of the following:
(A)The relevant facts were true as of the requested nunc pro tunc date.
(B)It is in the childs best interests to enter the findings nunc pro tunc.
(b)(1)If an order is requested from the superior court making the necessary findings regarding special immigrant juvenile status pursuant to Section 1101(a)(27)(J) of Title 8 of the United States Code, and there is evidence to support those findings, which may consist solely of, but is not limited to, a declaration by the child who is the subject of the petition, the court shall issue the order, which shall include all of the following findings:
(A)The child was either of the following:
(i)Declared a dependent of the court.
(ii)Legally committed to, or placed under the custody of, a state agency or department, or an individual or entity appointed by the court. The court shall indicate the date on which the dependency, commitment, or custody was ordered.
(B)That reunification of the child with one or both of the childs parents was determined not to be viable because of abuse, neglect, abandonment, or a similar basis pursuant to California law. The court shall indicate the date on which reunification was determined not to be viable.
(C)That it is not in the best interest of the child to be returned to the childs, or his or her the childs parents, previous country of nationality or country of last habitual residence.
(2)The superior the court may make additional findings under this section that are supported by evidence only if requested by a party. The asserted, purported, or perceived motivation of the child seeking classification as a special immigrant juvenile shall not be admissible in making the findings under this section. The court shall not include nor reference the asserted, purported, or perceived motivation of the child seeking classification as a special immigrant juvenile in the courts findings under this section.
(c)In any judicial proceedings in response to a request that the superior court make the findings necessary to support a petition for classification as a special immigrant juvenile, information regarding the childs immigration status that is not otherwise protected by state confidentiality laws shall remain confidential and shall be available for inspection only by the court, the child who is the subject of the proceeding, the parties, the attorneys for the parties, the childs counsel, and the childs guardian.
(d)In any judicial proceedings in response to a request that the superior court make the findings necessary to support a petition for classification as a special immigrant juvenile, records of the proceedings that are not otherwise protected by state confidentiality laws may be sealed using the procedure set forth in California Rules of Court 2.550 and 2.551.
(e)The Judicial Council shall adopt any rules and forms needed to implement this section.
SEC. 2.Section 7551 of the Family Code is amended 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.
(c)A court shall not order in utero 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. 3.Section 7573.5 of the Family Code is amended 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 donor pursuant to Section 7613.
(6)The person seeking to establish parentage asserts that the person 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. 4.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 who is not the womans spouse, with the consent of another intended parent, that intended parent is treated in law as if that intended parent is the natural parent of a child thereby conceived. The other intended parents 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 donors spouse is treated in law as if the donor is 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 signed a written agreement before the conception of the child. child, that the donor would be a parent
(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 donors spouse is treated in law as if the donor is 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 signed a written agreement before 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 mans 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)A person providing ova for use in assisted reproduction by a person other than the providers spouse or nonmarital partner is treated in law as if the provider is not the natural parent of a child thereby conceived unless the court finds satisfactory evidence that the provider of the ova, and each recipient, intended for that provider to have parental rights.
(d)(1)A provider of an embryo for use in assisted reproduction to an intended parent who is not the providers spouse or nonmarital partner is treated in law as if the provider is not the natural parent of a child thereby conceived unless the court finds satisfactory evidence that the provider and the intended parent intended for the provider to be a parent.
(2)If the provider of ova, semen, or embryos is not the original source of the ova or sperm, each original providers written consent to the donation is required unless that person has executed a writing to consent, waive, consent to the donation, or to waive or relinquish their right to the genetic material, or as otherwise ordered by a court of law.
(e)(1)Notwithstanding any other law, persons who are not married to one another and who share legal control over the disposition of embryos shall not be prevented from entering into a written agreement whereby one person renounces all legal interest in the embryos, with the specific intent that the person renouncing all legal interest shall not be a legal parent of any child conceived with use of the embryos, despite any prior oral or written agreements, or legal judgments to the contrary. After that interest has been renounced in a writing signed by all persons with legal interest in or control over disposition of the embryos, the renouncing person shall be treated in law as a donor, and not a legal parent. Upon execution of that agreement, the person who retains legal interest in and control over disposition of the embryos shall have the sole right to determine the use and disposition of the embryos, including the right to attempt conception of a child, subject to any limitation pursuant to paragraph (2) of subdivision (d). Either party may file the agreement with the court, and the court shall issue an order establishing the nonparentage of the donor.
(2)If persons who share legal control over and interest in one or more embryos are married to one another at the time of signing the agreement, the agreement shall only become legally binding upon the courts entry of a final decree of dissolution that incorporates the agreement, after which the presumptions pursuant to Section 7540 or subdivisions (a), (b), or (c) of Section 7611 shall not apply.
SEC. 5.Section 8714 of the Family Code is amended to read:8714.(a)A person desiring to adopt a nondependent child may for that purpose file an adoption request in a county authorized by Section 8609.5. A person desiring to adopt a child who has been adjudged to be a dependent of the juvenile court pursuant to Section 300 of the Welfare and Institutions Code, freed for adoption by the juvenile court, and placed for adoption with the petitioner, may file the adoption request either in the county where the petitioner resides or in the county where the child was freed for adoption.
(b)The court clerk shall immediately notify the department at Sacramento in writing of the pendency of the proceeding and of any subsequent action taken.
(c)If the petitioner has entered into a postadoption contact agreement as set forth in Section 8616.5, the agreement, signed by the participating parties, shall be filed with the court in accordance with Section 8616.5. the petitioner shall file the agreement with the court before the adoption is finalized. If the petitioner fails to file the agreement by that time, any other party to the agreement may file the agreement with the court at any time during the childs minority.
(d)The caption of the adoption petition shall contain the names of the petitioners, but not the childs name. The petition shall state the childs sex and date of birth. The name the child had before adoption shall appear in the joinder signed by the licensed adoption agency.
(e)If the child is the subject of a guardianship petition, the adoption petition shall so state and shall include the caption and docket number or have attached a copy of the letters of the guardianship or temporary guardianship. The petitioners shall notify the court of any petition for guardianship or temporary guardianship filed after the adoption petition. The guardianship proceeding shall be consolidated with the adoption proceeding.
(f)The order of adoption shall contain the childs adopted name and the name the child had before adoption.
SEC. 6.Section 8802 of the Family Code is amended to read:8802.(a) Any of the following adult persons who desire to adopt a child may, for that purpose, file an adoption request in a county authorized by Section 8609.5:
(1)A person who is related to the child or the childs half sibling by blood or affinity, including all relatives whose status is preceded by the words step, great, great-great, or grand, or the spouse of any of these persons, even if the marriage was terminated by death or dissolution.
(2)A person named in the will of a deceased parent as an intended adoptive parent where the child has no other parent.
(3)A person with whom a child has been placed for adoption, in which case a copy of the independent adoption placement agreement shall be attached to the petition.
(4)A person who has been the childs legal guardian for more than one year. However, if the guardian was nominated by a parent for a purpose other than adoption and for a specified time period, or if the guardianship was established pursuant to Section 360 of the Welfare and Institutions Code, the guardianship shall have been in existence for at least three years, unless parental rights have already been terminated.
(5)If the child is alleged to have been abandoned pursuant to Section 7822, a person who has been the childs legal guardian for more than six months. The legal guardian may file a petition pursuant to Section 7822 in the same court and concurrently with the adoption request.
(6)A person named in a court order terminating parental rights as the childs legal guardian or prospective adoptive parent.
(b)The court clerk shall immediately notify the department in Sacramento in writing of the pendency of the proceeding and of any subsequent action taken.
(c)The adoption request shall contain an allegation that the petitioners will file promptly with the department or delegated county adoption agency information required by the department in the investigation of the proposed adoption. The omission of the allegation from the adoption request does not affect the jurisdiction of the court to proceed or the validity of an adoption order or other order based on the adoption request.
(d)The caption of the adoption request shall contain the names of the petitioners, but not the childs name. The body of the adoption request shall state the childs sex and date of birth and the name the child had before adoption.
(e)If the child is the subject of a guardianship petition, the adoption request shall so state and shall include the caption and docket number or have attached a copy of the letters of the guardianship or temporary guardianship. The petitioners shall notify the court of any petition for guardianship or temporary guardianship filed after the adoption request. The guardianship proceeding shall be consolidated with the adoption proceeding, and the consolidated case shall be heard and decided in the court in which the adoption is pending.
(f)If the petitioner has entered into a postadoption contact agreement as set forth in Section 8616.5, the petitioner shall file the agreement with the court before the adoption is finalized. If the petitioner fails to file the agreement by that time, any other party to the agreement may file the agreement with the court at any time during the childs minority.
(f)(g)The order of adoption shall contain the childs adopted name and the name the child had before adoption.
SEC. 7.Section 8912 of the Family Code is amended to read:8912.(a)An international adoption or readoption request may be filed by a resident of this state in a county authorized by Section 8609.5. The court clerk shall immediately notify the department at Sacramento in writing of the pendency of the proceeding and of any subsequent action taken.
(b)The caption of the adoption request shall contain the names of the petitioners, but not the childs name. The request shall state the childs sex, date of birth, and the name the child had before adoption.
(c)If the child is the subject of a guardianship petition, the adoption request shall so state and shall include the caption and docket number or have attached a copy of the letters of the guardianship or temporary guardianship. The petitioners shall notify the court of any petition for guardianship or temporary guardianship filed after the adoption petition. The guardianship proceeding shall be consolidated with the adoption proceeding.
(d)The order of adoption shall contain the childs adopted name and the name the child had before adoption.
(e)If the petitioner has entered into a postadoption contact agreement as set forth in Section 8616.5, the agreement, signed by the participating parties, shall be filed with the court in accordance with that section. the petitioner shall file the agreement with the court before the adoption is finalized. If the petitioner fails to file the agreement by that time, any other party to the agreement may file the agreement with the court at any time during the childs minority.
SEC. 8.Section 9000 of the Family Code is amended to read:9000.(a)A stepparent desiring to adopt a child of the stepparents spouse may for that purpose file a petition in any county authorized by Section 8609.5.
(b)A domestic partner, as defined in Section 297, desiring to adopt a child of the other domestic partner may, for that purpose, file a petition in any county authorized pursuant to Section 8609.5.
(c)The caption of the adoption petition shall contain the names of the petitioners, but not the childs name. The petition shall state the childs sex and date of birth and the name the child had before adoption.
(d)If the child is the subject of a guardianship petition, the adoption petition shall so state and shall include the caption and docket number or have attached a copy of the letters of the guardianship or temporary guardianship. The petitioners shall notify the court of any petition for guardianship or temporary guardianship filed after the adoption petition. The guardianship proceeding shall be consolidated with the adoption proceeding.
(e)The order of adoption shall contain the childs adopted name and the name the child had before adoption.
(f)If the petitioner has entered into a postadoption contact agreement pursuant to Section 8616.5, the agreement shall be filed with the court in accordance with that section. the petitioner shall file the agreement with the court before the adoption is finalized. If the petitioner fails to file the agreement by that time, any other party to the agreement may file the agreement with the court at any time during the childs minority.
(g)For the purposes of this chapter, stepparent adoption includes adoption by a domestic partner, as defined in Section 297.
SEC. 9.Section 9004 of the Family Code is amended to read:9004.In a stepparent adoption, the form prescribed by the department Judicial Council for the consent of the birth parent shall contain substantially the following notice:
Notice to the parent who gives the child for adoption: If you and your child lived together at any time as parent and child, the adoption of your child through a stepparent adoption does not affect the childs right to inherit your property or the property of other blood relatives.
|
Date
|
Status
|
|---|---|
| Oct 13, 2023 | Chaptered by Secretary of State - Chapter 851, Statutes of 2023. |
| Oct 13, 2023 | Approved by the Governor. |
| Sep 22, 2023 | Enrolled and presented to the Governor at 11:30 a.m. |
| Sep 14, 2023 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 3561.). |
| Sep 13, 2023 | In Assembly. Concurrence in Senate amendments pending. |
| Sep 13, 2023 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2758.). |
| Sep 11, 2023 | Read second time. Ordered to third reading. |
| Sep 8, 2023 | Read third time and amended. Ordered to second reading. |
| Jul 5, 2023 | Ordered to third reading. |
| Jul 5, 2023 | From Consent Calendar. |
| Jun 29, 2023 | Read second time and amended. Ordered to consent calendar. |
| Jun 28, 2023 | From committee: Amend, and do pass as amended. To Consent Calendar. (Ayes 11. Noes 0.) (June 27). |
| Jun 19, 2023 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD. |
| May 24, 2023 | Referred to Com. on JUD. |
| May 11, 2023 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 11, 2023 | Read third time. Passed. Ordered to the Senate. (Ayes 66. Noes 0. Page 1522.) |
| May 4, 2023 | Read second time. Ordered to Consent Calendar. |
| May 3, 2023 | Read second time and amended. Ordered returned to second reading. |
| May 2, 2023 | From committee: Amend, and do pass as amended. To Consent Calendar. (Ayes 11. Noes 0.) (May 2). |
| Mar 9, 2023 | Referred to Com. on JUD. |
| Feb 18, 2023 | From printer. May be heard in committee March 20. |
| Feb 17, 2023 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 14, 2023 | AB 1650 Jim Patterson Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 13, 2023 | Assembly 3rd Reading AB1650 Jim Patterson By Jones | Senate Floor |
Passed |
|
| Jun 27, 2023 | Do pass as amended, and be ordered to the Consent Calendar | Senate Standing Committee on Judiciary |
Passed |
|
| May 11, 2023 | AB 1650 Jim Patterson Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 2, 2023 | Do pass as amended. To Consent Calendar. | Assembly Standing Committee on Judiciary |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Academy Of California AdoptionArt Lawyers | ** Support |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1650
Author:(Jim Patterson)
As Amended Ver:September 8, 2023
Majority vote
SUMMARY
Makes various changes to the Family Code and Code of Civil Procedure relating to immigrant juvenile status, agreements on artificial embryos, and the filing of post-adoption agreements.
Major Provisions
- Revises state law provisions relating to required court findings on special juvenile immigrant status to allow the findings to be made for a child up to 21 years of age, as specified.
- Authorizes persons who are not married to one another and who share legal control over the disposition of embryos created through assisted reproduction to enter into a written agreement whereby one person renounces all legal interest in the embryos, with the specific intent to not be a legal parent of any child conceived with use of the embryos. Provides that upon execution of the agreement, the person who retains legal interest in and control over disposition of the embryos would have the sole right to determine the use and disposition of the embryos, and the renouncing person would be treated in law as a donor, and not a legal parent. Authorizes either party to file the agreement with the court, as specified.
- Requires a person who has entered into a post-adoption agreement with a birth parent to file the agreement, signed by both participating parties, with the court before the adoption is finalized. If the petitioner fails to file the agreement by that time, the bill would authorize any other party to the agreement to file the agreement with the court at any time during the child's minority.
Senate Amendments
- Extend the operative date for the provision for the court to make finding nunc pro tunc when determining special juvenile immigrant status until January 1, 2025.
- Eliminate amendments that would have clarified the court's ability to make nunc pro tunc orders.
- Incorporate changes made to Family Code Section 8616.5 by AB 20 (Gipson) of the current legislative session for chaptering purposes.
COMMENTS
This bill is sponsored by the Academy of California Adoption Lawyers (ACAL) and is a part of its regular efforts to make needed, but relatively non-controversial, changes to adoption and family law so that the laws "better reflect current practices and realities." This year's bill makes three changes. First, it aligns state law with federal immigration law by allowing a court to enter its findings on "special juvenile immigration status" for a child up to 21 years of age. Second, it allows persons who create embryos for purposes of assisted reproduction to enter into voluntary agreements whereby one person renounces all interest in the embryo, with the specific intent to not be a legal parent of any child resulting from the embryos. Third, the bill makes a relatively minor change requiring the person petitioning for the adoption of a child to file any post-adoption agreement with the court prior to finalization of adoption. If the petitioner fails to file the agreement by that time, any other party to the agreement may file the agreement with the court at any time during the child's minority. Each of these changes is discussed more fully below.
"Special Immigrant Juvenile Status." Special Immigrant Juvenile Status (SIJS) is a federal immigration classification available to undocumented immigrants under the age of 21 years old who have been abused, neglected, or abandoned by one or more parents. SIJS creates a path for immigrant youth to obtain legal status in situations where they cannot be reunited with one or both parents due to a history of abuse or neglect and where they cannot be safely returned to their country of origin. While a juvenile (or the juvenile's representative) must eventually apply to the United States Citizenship and Immigration Service for SIJS status, the first step requires the juvenile to obtain requisite findings from a state court (usually a family, juvenile, or probate court). These findings must demonstrate the child is a "dependent" committed to the custody of a state agency or a court-appointed guardian; that reunification with one or both parents is not viable due to a history abuse, neglect, or abandonment; and that it is not in the child's best interest to be returned to his or her country of origin.
This bill expressly allows, as of January 1, 2025, the superior court jurisdiction regarding dependency and allow judicial determinations to be made for a child up to 21 years of age.
The Uniform Parentage Act and Assisted Reproduction. California's Uniform Parentage Act (UPA) defines the legal relationship between a child and the child's natural or adoptive parents and imposes upon the legal parent certain rights, duties and obligations. The increasing use of assisted reproduction technology (ART) – including reliance on sperm and ova donation to create an embryo – necessitated changes in UPA, but without fundamentally altering the underling legal principles or the rights, duties, and obligations of parenthood. Assisted reproduction can involve several different kinds of relationships. In some cases, spouses or partners may use ART as a fertility treatment, and the child born by artificial means creates the same legal relationship as a child born by "natural" means. In other cases, the sperm or ova donor may be someone other than a spouse or partner, and a third person may be the other "intended parent." In the latter case, the intended parent is treated at law as if they were the natural parent, so long as the intended parent has consented in writing signed by both parties. In addition, when a person donates semen to a licensed physician or a sperm bank for use by a person other than the donor's spouse, the donor is not assumed to be the legal parent, unless there is a written agreement providing otherwise. In other words, the law assumes that intent to become a parent is more significant than the genetic contribution.
This bill envisions a situation in which two people have together already created an embryo (or embryos) through assisted reproduction but have since decided that they no longer want to be the parents of a child together. The bill, therefore, authorizes the parties to enter into a written agreement whereby one of the two parties renounces all legal interest in the embryos, with the specific intent to not be a legal parent of any child that results from those embryos. Once the agreement has been executed, the person who retains legal interest in and control over disposition of the embryos would have the sole right to determine the use and disposition of the embryos, and the renouncing person is treated in law as a donor, and not a legal parent. Such an agreement would only be valid if entered into before the embryo has been implanted in a womb. According to the author and sponsor, this will provide a mechanism for parties to peaceably resolve their future parental rights after creation of the embryo but prior to its implantation.
Time of filing post-adoption agreements. Existing adoption law recognizes the benefit of continuing contact between adoptive children and their birth parents or birth relatives, at least under appropriate circumstances. As such, the law recognizes, and even favors, agreements that facilitate contact between the child and the birth relatives, so long as the agreement is made voluntarily and the contact is in the best interests of the child. Under existing law, if a petitioner seeking to adopt a child has entered into a postadoption agreement, the petitioner must file a copy agreement – signed by both parties – with the court. The court, in turn, must determine that the agreement was properly executed and is in the best interest of the child at the time the adoption petition is granted. The existing provision does not expressly state when the postadoption agreement must be filed; rather, it says that the court will make its decision on the validity of the postadoption agreement at the time the petition is granted. Presumably, however, if the court must make its determination at the time the petition is granted, then the postadoption agreement must have been filed with the court sometime before this. This bill modifies existing law by expressly requiring the postadoption agreement to be filed "before the adoption is finalized." In addition, if the petitioner fails to file the agreement by that time, this bill authorizes any other party to the agreement to file the agreement with the court at any time during the child's minority.
According to the Author
According to the author, this bill makes three relatively modest but nonetheless important changes to provisions of the Code of Civil Procedure and Family Code relating to post-adoption agreements and assisted reproduction. Specifically, the three changes will 1) fill "gaps in existing law" by ensuring that post-adoption agreements are filed with the court prior to adoption finalization; 2) provide a "mechanism for parties to peaceably resolve their future parental rights after creation of but prior to implantation of embryos;" and 3) "harmonize [state law] with federal law" by allowing courts to enter findings on a person's special juvenile immigrant status nunc pro tunc, if needed.
Arguments in Support
The Academy of California Adoption Lawyers (ACAL), the sponsor, notes that AB 1650 will "correct inequities and gaps in the Family Code related to adoption proceedings and assisted reproduction, as well as conform family law with federal protections related to the custody and care of undocumented minors." Specifically, ACAL writes, it will do this by 1) harmonizing provisions in the Code of Civil Procedure with federal law and the California Probate Code by allowing a court to enter its findings on special juvenile immigrant status nunc pro tunc; 2) authorizing voluntary agreements between parties who created embryos together but no longer wish to become parents together; and 3) making prospective adoptive parents responsible for filing post-adoption agreements with the court before finalization of the adoption. AB 1650, ACAL concludes, will "appropriately modernize outdated adoption and assisted reproduction related laws to establish more fairness and better reflect current practice and realities."
Arguments in Opposition
No opposition on file.
FISCAL COMMENTS
None
VOTES:
ASM JUDICIARY: 11-0-0
YES: Maienschein, Essayli, Connolly, Dixon, Haney, Kalra, Pacheco, Papan, Reyes, Rivas, Sanchez
ASSEMBLY FLOOR: 66-0-14
YES: Addis, Aguiar-Curry, Alanis, Bains, Bennett, Berman, Boerner, Bryan, Calderon, Wendy Carrillo, Chen, Connolly, Megan Dahle, Davies, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Low, Lowenthal, Maienschein, Mathis, McKinnor, Muratsuchi, Stephanie Nguyen, Pacheco, Papan, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Weber, Wicks, Wilson, Zbur, Rendon
ABS, ABST OR NV: Alvarez, Arambula, Bauer-Kahan, Bonta, Juan Carrillo, Cervantes, Dixon, Hart, Lee, McCarty, Ortega, Jim Patterson, Ward, Wood
SENATE FLOOR: 39-0-1
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
ABS, ABST OR NV: Caballero
UPDATED
VERSION: September 8, 2023
CONSULTANT: Tom Clark / JUD. / (916) 319-2334 FN: 0002218
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 1650 |
THIRD READING
Bill No: AB 1650
Author: Jim Patterson (R)
Amended: 9/8/23 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE: 11-0, 6/27/23
AYES: Umberg, Wilk, Allen, Ashby, Caballero, Durazo, Laird, Min, Niello, Stern, Wiener
ASSEMBLY FLOOR: 66-0, 5/11/23 (Consent) - See last page for vote
SUBJECT: Family law proceedings: custody, parentage, and adoption
SOURCE: Academy of California Adoption-ART Lawyers
DIGEST:
This bill makes changes to the state’s parentage and adoption laws.
Senate Floor Amendments of 9/8/23 add chaptering-out amendments to avoid a conflict with AB 20 (Gipson, 2023).
ANALYSIS:
Existing law:
- Provides immigration relief that relies on a state’s interest in the welfare of children by providing for Special Immigrant Juvenile Status (SIJ status) where a state determines that reunification with one or both of the immigrant’s parents is not viable due to abuse, neglect, abandonment, or similar basis found under state law and that it would not be in the child’s best interest to return to their home country. (8 U.S.C. § 1101(a)(27).)
- A “special immigrant juvenile” is a person under 21 years of age who is declared a dependent by a juvenile court or committed to the custody of a state agency or a court-appointed individual, whose reunification with one or both of their parents is not viable due to abuse, neglect, abandonment, or a similar basis found under state law, and whose return to their country of nationality or last habitual residence is not in their best interest. (8 U.S.C. § 1101(a)(27)(J).)
- A person who has obtained SIJ status may, on the basis of that status, apply for a visa for lawful permanent residency. (8 U.S.C. § 1153(b)(4).)
- Authorizes a superior court to make the judicial findings and determinations that are necessary for a person to seek SIJ status from the federal government, regardless of the division of the superior court or the type of the proceedings. (Code Civ. Proc., § 155.)
- Establishes the Uniform Parentage Act, which sets forth the legal relationship between a child and their natural, nonadoptive, or adoptive parents. (Fam. Code, div. 12, pt. 3, §§ 7600 et seq.)
- Establishes, within the Uniform Parentage Act, default rules regarding the donation of embryos and genetic material for the creation of embryos, and the procedures and protections for, and limitations on, a donor of such material; and allows, in certain circumstances, the donors and recipients of such material to enter into agreements regarding the rights and conditions surrounding the donation. (Fam. Code, §§ 7551, 7573.5, 7613.)
- Authorizes adoptive parents to enter into postadoption contact agreements with the adoptee’s birth parents, other family members as specified, or Indian tribe which may provide for, among other things, visitation between the child and relatives and the sharing of information about the child. (Fam. Code, § 8616.5.)
- Establishes procedural requirements for the adoption of a child who is a dependent or ward of the juvenile court, including requiring a postadoption contact agreement, if any, to be filed with the court. (Fam. Code, § 8714.)
- Establishes procedural requirements for an international adoption or readoption request filed by a resident of the state, including requiring a postadoption contact agreement, if any, to be filed with the court. (Fam. Code, § 8912.)
- Establishes procedures for a stepparent to adopt a child of the stepparent’s spouse, including requiring a postadoption contact agreement, if any, to be filed with the court. (Fam. Code, § 9000.)
This bill:
- Clarifies that a superior court make the predicate SIJ status findings for a child up to 21 years of age nunc pro tunc (so that the findings are retroactive to a date determined by the court), without proof of clerical or other error, provided that there is evidence of both of the following:
- The relevant facts were true as of the requested nunc pro tunc date; and
- It is in the child’s best interests to enter the findings nunc pro tunc.
- Clarifies that a superior court has jurisdiction under California law to make determinations regarding the dependency or custody, or both, of children within the meaning of the federal SIJ statute.
- Changes references to “findings” relating to SIJ factors to “declarations” to be consistent with federal law, and clarifies that (a) the determinations should be supported by reference to the relevant provisions of California law and that (b) the court’s order should indicate the factual basis for making its order.
- Authorizes persons who are not married to one another and who share legal control over the disposition of embryos created through assisted reproduction to enter into a written agreement whereby one person renounces all legal interest in the embryos, with the specific intent to not be a legal parent of any child conceived with use of the embryos; upon execution of the agreement, the person who retains legal interest in and control over disposition of the embryos would have the sole right to determine the use and disposition of the embryos, and the renouncing person would be treated in law as a donor, and not a legal parent.
- Either party may file the agreement with the court, at which point the court shall issue an order establishing the nonparentage of the donor.
- If parties who share legal control over the disposition of embryos are married together at the time of an agreement in 2), the agreement shall become legally binding only upon the entry of a final decree of dissolution of the marriage that incorporates the agreement.
- Requires, in an adoption proceeding, each petitioner to inform the court in writing, on a specified form, whether the petitioner has entered, or has agreed to enter, into a postadoption contact agreement with any person or persons.
- If a postadoption contact agreement has been entered into, the terms of the agreement must be set forth on or attached to a specified form; each adult participant in the agreement, and the child who is the subject of the agreement, if certain conditions are met, must sign the form.
- Prior to the finalization of the adoption, the petitioner must file the form or forms with the court and provide a file-marked copy to all signatories to the agreement and to any licensed adoption agency that placed the child for adoption or consented to the adoption within 30 days of receiving the copy.
- Clarifies that, when a party entering into an adoption has entered into a postadoption contact agreement, the agreement must be filed with the court prior to the finalization of the adoption.
- Adds chaptering-out amendments to avoid a conflict with AB 20 (Gipson, 2023).
Comments
This bill is the Academy of California Adoption Lawyers’ annual adoption bill, which makes three straightforward changes to adoption and family law in California. Specifically, this bill:
- Authorizes a superior court to make the necessary factual determinations for a child up to the age of 21 to seek SIJ status nunc pro tunc (retroactively) and modifies the statute addressing SIJ findings to comport with federal law;
- Permits parties to enter into voluntary agreements regarding the rights and obligations relating to embryos; and
- Modifies the requirements for filing a postadoption contact agreement with the court.
According to the author and sponsor, this bill will correct inequities and gaps in the current legal framework for parental rights and adoption proceedings. The author has agreed to minor amendments to bring the SIJS provisions in line with federal law and to clarify that minor-aged siblings need not sign forms relating to a postadoption contact agreement.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
SUPPORT: (Verified 9/11/23)
Academy of California Adoption-ART Lawyers (source)
OPPOSITION: (Verified 9/11/23)
None received
ARGUMENTS IN SUPPORT: According to the Academy of California Adoption-ART Lawyers, “[AB 1650] would correct inequities and gaps in the Family Code related to adoption proceedings and assisted reproduction, as well as conform California law with federal protections related to the custody and care of undocumented minors…AB 1650 will appropriately modernize outdated adoption and assisted reproduction-related laws to establish more fairness and better reflect current practice and realities.”
ASSEMBLY FLOOR: 66-0, 5/11/23
AYES: Addis, Aguiar-Curry, Alanis, Bains, Bennett, Berman, Boerner, Bryan, Calderon, Wendy Carrillo, Chen, Connolly, Megan Dahle, Davies, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Low, Lowenthal, Maienschein, Mathis, McKinnor, Muratsuchi, Stephanie Nguyen, Pacheco, Papan, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Weber, Wicks, Wilson, Zbur, Rendon
NO VOTE RECORDED: Alvarez, Arambula, Bauer-Kahan, Bonta, Juan Carrillo, Cervantes, Dixon, Hart, Lee, McCarty, Ortega, Jim Patterson, Ward, Wood
Prepared by: Allison Whitt Meredith / JUD. / (916) 651-4113
9/11/23 12:54:18
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 1650 |
THIRD READING
Bill No: AB 1650
Author: Jim Patterson (R)
Amended: 6/29/23 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE: 11-0, 6/27/23
AYES: Umberg, Wilk, Allen, Ashby, Caballero, Durazo, Laird, Min, Niello, Stern, Wiener
ASSEMBLY FLOOR: 66-0, 5/11/23 (Consent) - See last page for vote
SUBJECT: Family law proceedings: custody, parentage, and adoption
SOURCE: Academy of California Adoption-ART Lawyers
DIGEST:
This bill makes changes to the state’s parentage and adoption laws.
ANALYSIS:
Existing law:
- Provides immigration relief that relies on a state’s interest in the welfare of children by providing for Special Immigrant Juvenile Status (SIJ status) where a state determines that reunification with one or both of the immigrant’s parents is not viable due to abuse, neglect, abandonment, or similar basis found under state law and that it would not be in the child’s best interest to return to their home country. (8 U.S.C. § 1101(a)(27).)
- A “special immigrant juvenile” is a person under 21 years of age who is declared a dependent by a juvenile court or committed to the custody of a state agency or a court-appointed individual, whose reunification with one or both of their parents is not viable due to abuse, neglect, abandonment, or a similar basis found under state law, and whose return to their country of nationality or last habitual residence is not in their best interest. (8 U.S.C. § 1101(a)(27)(J).)
- A person who has obtained SIJ status may, on the basis of that status, apply for a visa for lawful permanent residency. (8 U.S.C. § 1153(b)(4).)
- Authorizes a superior court to make the judicial findings and determinations that are necessary for a person to seek SIJ status from the federal government, regardless of the division of the superior court or the type of the proceedings. (Code Civ. Proc., § 155.)
- Establishes the Uniform Parentage Act, which sets forth the legal relationship between a child and their natural, nonadoptive, or adoptive parents. (Fam. Code, div. 12, pt. 3, §§ 7600 et seq.)
- Establishes, within the Uniform Parentage Act, default rules regarding the donation of embryos and genetic material for the creation of embryos, and the procedures and protections for, and limitations on, a donor of such material; and allows, in certain circumstances, the donors and recipients of such material to enter into agreements regarding the rights and conditions surrounding the donation. (Fam. Code, §§ 7551, 7573.5, 7613.)
- Authorizes adoptive parents to enter into postadoption contact agreements with the adoptee’s birth parents, other family members as specified, or Indian tribe which may provide for, among other things, visitation between the child and relatives and the sharing of information about the child. (Fam. Code, § 8616.5.)
- Establishes procedural requirements for the adoption of a child who is a dependent or ward of the juvenile court, including requiring a postadoption contact agreement, if any, to be filed with the court. (Fam. Code, § 8714.)
- Establishes procedural requirements for an international adoption or readoption request filed by a resident of the state, including requiring a postadoption contact agreement, if any, to be filed with the court. (Fam. Code, § 8912.)
- Establishes procedures for a stepparent to adopt a child of the stepparent’s spouse, including requiring a postadoption contact agreement, if any, to be filed with the court. (Fam. Code, § 9000.)
This bill:
- Clarifies that a superior court make the predicate SIJ status findings for a child up to 21 years of age nunc pro tunc (so that the findings are retroactive to a date determined by the court), without proof of clerical or other error, provided that there is evidence of both of the following:
- The relevant facts were true as of the requested nunc pro tunc date; and
- It is in the child’s best interests to enter the findings nunc pro tunc.
- Clarifies that a superior court has jurisdiction under California law to make determinations regarding the dependency or custody, or both, of children within the meaning of the federal SIJ statute.
- Changes references to “findings” relating to SIJ factors to “declarations” to be consistent with federal law, and clarifies that (a) the determinations should be supported by reference to the relevant provisions of California law and that (b) the court’s order should indicate the factual basis for making its order.
- Authorizes persons who are not married to one another and who share legal control over the disposition of embryos created through assisted reproduction to enter into a written agreement whereby one person renounces all legal interest in the embryos, with the specific intent to not be a legal parent of any child conceived with use of the embryos; upon execution of the agreement, the person who retains legal interest in and control over disposition of the embryos would have the sole right to determine the use and disposition of the embryos, and the renouncing person would be treated in law as a donor, and not a legal parent.
- Either party may file the agreement with the court, at which point the court shall issue an order establishing the nonparentage of the donor.
- If parties who share legal control over the disposition of embryos are married together at the time of an agreement in 2), the agreement shall become legally binding only upon the entry of a final decree of dissolution of the marriage that incorporates the agreement.
- Requires, in an adoption proceeding, each petitioner to inform the court in writing, on a specified form, whether the petitioner has entered, or has agreed to enter, into a postadoption contact agreement with any person or persons.
- If a postadoption contact agreement has been entered into, the terms of the agreement must be set forth on or attached to a specified form; each adult participant in the agreement, and the child who is the subject of the agreement, if certain conditions are met, must sign the form.
- Prior to the finalization of the adoption, the petitioner must file the form or forms with the court and provide a file-marked copy to all signatories to the agreement and to any licensed adoption agency that placed the child for adoption or consented to the adoption within 30 days of receiving the copy.
- Clarifies that, when a party entering into an adoption has entered into a postadoption contact agreement, the agreement must be filed with the court prior to the finalization of the adoption.
Comments
This bill is the Academy of California Adoption Lawyers’ annual adoption bill, which makes three straightforward changes to adoption and family law in California. Specifically, this bill:
- Authorizes a superior court to make the necessary factual determinations for a child up to the age of 21 to seek SIJ status nunc pro tunc (retroactively) and modifies the statute addressing SIJ findings to comport with federal law;
- Permits parties to enter into voluntary agreements regarding the rights and obligations relating to embryos; and
- Modifies the requirements for filing a postadoption contact agreement with the court.
According to the author and sponsor, this bill will correct inequities and gaps in the current legal framework for parental rights and adoption proceedings. The author has agreed to minor amendments to bring the SIJS provisions in line with federal law and to clarify that minor-aged siblings need not sign forms relating to a postadoption contact agreement.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
SUPPORT: (Verified 6/28/23)
Academy of California Adoption-ART Lawyers (source)
OPPOSITION: (Verified 6/28/23)
None received
ARGUMENTS IN SUPPORT: According to the Academy of California Adoption-ART Lawyers:
[AB 1650] would correct inequities and gaps in the Family Code related to adoption proceedings and assisted reproduction, as well as conform California law with federal protections related to the custody and care of undocumented minors…AB 1650 will appropriately modernize outdated adoption and assisted reproduction-related laws to establish more fairness and better reflect current practice and realities.
ASSEMBLY FLOOR: 66-0, 5/11/23
AYES: Addis, Aguiar-Curry, Alanis, Bains, Bennett, Berman, Boerner, Bryan, Calderon, Wendy Carrillo, Chen, Connolly, Megan Dahle, Davies, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Low, Lowenthal, Maienschein, Mathis, McKinnor, Muratsuchi, Stephanie Nguyen, Pacheco, Papan, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Weber, Wicks, Wilson, Zbur, Rendon
NO VOTE RECORDED: Alvarez, Arambula, Bauer-Kahan, Bonta, Juan Carrillo, Cervantes, Dixon, Hart, Lee, McCarty, Ortega, Jim Patterson, Ward, Wood
Prepared by: Allison Whitt Meredith / JUD. / (916) 651-4113
7/5/23 14:16:05
**** END ****
Senator Thomas Umberg, Chair
2023-2024 Regular Session
Bill No: AB 1650 (Author:Jim Patterson)
Version: June 19, 2023
Hearing Date: June 27, 2023
Fiscal: No
Urgency: No
Consultant: AWM
SUBJECT
Family law proceedings: custody, parentage, and adoption
DIGEST
This bill makes changes to the state’s parentage and adoption laws.
EXECUTIVE SUMMARY
This bill is the Academy of California Adoption Lawyers’ annual adoption bill, which makes three straightforward changes to adoption and family law in California. Specifically, the bill:
- Authorizes a superior court to make the necessary factual determinations for a child up to the age of 21 to seek special immigrant juvenile status (“SIJS”) nunc pro tunc (retroactively);
- Permits parties to enter into voluntary agreements regarding the rights and obligations relating to embryos; and
- Modifies the requirements for filing a postadoption contact agreement with the court.
According to the author and sponsor, this bill will correct inequities and lacunae in the current legal framework for parental rights and adoption proceedings. The author has agreed to minor amendments to bring the SIJS provisions in line with federal law and to clarify that minor-aged siblings need not sign forms relating to a postadoption contact agreement.
This bill is sponsored by the Academy of California Adoption-ART Lawyers. There is no known opposition.
PROPOSED CHANGES TO THE LAW
Existing law:
- Provides immigration relief that relies on a state’s interest in the welfare of children by providing for Special Immigrant Juvenile Status (SIJ) where a state determines that reunification with one or both of the immigrant’s parents is not viable due to abuse, neglect, abandonment, or similar basis found under state law and that it would not be in the child’s best interest to return to their home country. (8 U.S.C. § 1101(a)(27).)
- A “special immigrant juvenile” is a person under 21 years of age who is declared a dependent by a juvenile court or committed to the custody of a state agency or a court-appointed individual, whose reunification with one or both of their parents is not viable due to abuse, neglect, abandonment, or a similar basis found under state law, and whose return to their country of nationality or last habitual residence is not in their best interest. (8 U.S.C. § 1101(a)(27)(J).)
- A person who has obtained SIJ status may, on the basis of that status, apply for a visa for lawful permanent residency. (8 U.S.C. § 1153(b)(4).)
- Authorizes a superior court to make the judicial findings and determinations that are necessary for a person to seek SIJ status from the federal government, regardless of the division of the superior court or the type of the proceedings. (Code Civ. Proc., § 155.)
- Establishes the Uniform Parentage Act, which sets forth the legal relationship between a child and their natural, nonadoptive, or adoptive parents. (Fam. Code, div. 12, pt. 3, §§ 7600 et seq.)
- Establishes, within the Uniform Parentage Act, default rules regarding the donation of embryos and genetic material for the creation of embryos, and the procedures and protections for, and limitations on, a donor of such material; and allows, in certain circumstances, the donors and recipients of such material to enter into agreements regarding the rights and conditions surrounding the donation. (Fam. Code, §§ 7551, 7573.5, 7613.)
- Authorizes adoptive parents to enter into postadoption contact agreements with the adoptee’s birth parents, other family members as specified, or Indian tribe which may provide for, among other things, visitation between the child and relatives and the sharing of information about the child. (Fam. Code, § 8616.5.)
- Establishes procedural requirements for the adoption of a child who is a dependent or ward of the juvenile court, including requiring a postadoption contact agreement, if any, to be filed with the court. (Fam. Code, § 8714.)
- Establishes procedural requirements for an international adoption or readoption request filed by a resident of the state, including requiring a postadoption contact agreement, if any, to be filed with the court. (Fam. Code, § 8912.)
- Establishes procedures for a stepparent to adopt a child of the stepparent’s spouse, including requiring a postadoption contact agreement, if any, to be filed with the court. (Fam. Code, § 9000.)
This bill:
- Clarifies that a superior court make the predicate SIJ status findings for a child up to 21 years of age nunc pro tunc (so that the findings are retroactive to a date determined by the court), without proof of clerical or other error, provided that there is evidence of both of the following:
- The relevant facts were true as of the requested nunc pro tunc date; and
- It is in the child’s best interests to enter the findings nunc pro tunc.
- Authorizes persons who are not married to one another and who share legal control over the disposition of embryos created through assisted reproduction to enter into a written agreement whereby one person renounces all legal interest in the embryos, with the specific intent to not be a legal parent of any child conceived with use of the embryos; upon execution of the agreement, the person who retains legal interest in and control over disposition of the embryos would have the sole right to determine the use and disposition of the embryos, and the renouncing person would be treated in law as a donor, and not a legal parent.
- Either party may file the agreement with the court, at which point the court shall issue an order establishing the nonparentage of the donor.
- If parties who share legal control over the disposition of embryos are married together at the time of an agreement in 2), the agreement shall become legally binding only upon the entry of a final decree of dissolution of the marriage that incorporates the agreement.
- Requires, in an adoption proceeding, each petitioner to inform the court in writing, on a specified form, whether the petitioner has entered, or has agreed to enter, into a postadoption contact agreement with any person or persons.
- If a postadoption contact agreement has been entered into, the terms of the agreement must be set forth on or attached to a specified form and each participant in the agreement must sign the form.
- Prior to the finalization of the adoption, the petitioner must file the form or forms with the court and provide a file-marked copy to all signatories to the agreement and to any licensed adoption agency that placed the child for adoption or consented to the adoption within 30 days of receiving the copy.
- Clarifies that, when a party entering into an adoption has entered into a postadoption contact agreement, the agreement must be filed with the court prior to the finalization of the adoption.
COMMENTS
- Author’s comment
According to the author:
AB 1650 seeks to correct inequities and gaps in the Code of Civil Procedure and the Family Code related to the termination of parental rights and adoption proceedings. The bill would make the following changes:
Amend Code of Civil Procedure Section 155 to harmonize with federal law and with Probate Code Section 1510.1 regarding Special Immigrant Juvenile orders for persons up to age 21, and nunc pro tunc entry of orders if needed.
Amend Family Code Section 7613 to authorize voluntary agreements between parties who created embryos together but no longer wish to become parents together. Further amend this section and Sections 7551 and 7573.5 to make them consistent with these changes, and to remove redundant language.
Amend Family Code Sections 8616.5, 8714, 8802, 8912, [and] 9000 to make each prospective adoptive parent legally responsible for filing any post-adoption contact agreement with the court before finalization of the adoption, and for providing a file-marked copy of the agreement to all signatories.
2. This bill makes three changes to the state’s parental rights and adoption framework
This bill is the annual adoption bill sponsored by the Academy of California Adoption-ART Lawyers. This bill makes three changes to current law, which the sponsors state “will appropriately modernize outdated adoption and assisted-reproduction laws to establish more fairness and better reflect current practice and realities.”
- SIJ findings
A child or person up to 21 years of age who is eligible for SIJ status, which grants them withholding of removal and the potential for lawful permanent residency, must obtain a superior court order making three findings before seeking SIJ status at the federal level.[1] The three findings are: (1) that the child is either a dependent of the court or has been legally placed into the custody of another person or entity appointed by the court; (2) that reunification of the child with one or both parents is not in the child’s best interest due to abandonment, abuse, or neglect; and (3) that it is not in the best interest of the child to be returned to their, or their parent’s, previous country of residence.[2] Any superior court may make these findings upon request.[3]
This bill brings the statute authorizing a court to make the SIJ predicate findings into conformity with federal law by allowing, beginning January 1 2025, a superior court to make SIJ findings for a person up to 21 years of age, and allows the court to make SIJ findings nunc pro tunc, i.e., retroactive to a specific date, for a person up to 21 years of age.
- Voluntary agreements regarding artificial embryos
California already has a robust legal framework regarding parentage when a child was conceived through genetic material from one or two donors.[4] This bill adds a provision allowing persons who have created embryos through artificial means to enter into voluntary agreements regarding the control of the embryos and the parentage rights of the providers of the material if the embryos are used to conceive a child. When the donors are unmarried, they can enter into an agreement that allows one party to renounce all legal interest in the embryos; this person shall not be considered a legal parent of the child, and shall be treated in law as a donor, not a parent. The party who retains the interest has the sole right to determine the use of the embryos. If the parties who created the embryos are married, they may enter into an agreement regarding the embryos’ disposition, but the agreement will not take effect unless and until the parties are legally divorced. The agreement may be filed with the court by either party, and the court shall issue an order establishing the nonparentage of the party declared a donor by the agreement. The bill also makes conforming changes regarding when a court may perform testing to determine parentage. Overall, these provisions provide a clear framework for the disposition of embryos and the parentage of any resulting children.
- Postadoption contact agreements
Current law authorizes adoptive parents to enter into postadoption contact agreements with the adopted child’s birth parents or other family members; the contacts may allow for visitation with the birth parents or other birth family, or for sharing information about the child in the future.[5] Current law permits, but does not require, the agreement to be filed with the court prior to the finalization of the adoption.[6]
This bill requires any postadoption contact agreement to be filed with the court before the adoption is finalized, as specified. In 2022, the Legislature enacted AB 2845 (Patterson, 2022), which would have, among other things, expanded the use of postadoption contacts; the Governor vetoed the bill, stating in his veto message that the added costs imposed by the bill had not been accounted for in the budget.[7] This bill takes a more modest approach to adoption contact agreements. First, the bill requires the petitioner in an adoption proceeding to inform the court whether there is a postadoption contact agreement and, if so, the contents of the agreement; this information must be submitted to the court on specified forms. If the parties have entered into an agreement, the form setting forth the terms of the agreement must contain the signatures of all of the participants. Second, the bill requires the petitioner to provide file-marked copies of the form setting forth the terms of the agreement to all signatories to the form, and to any licensed adoption agency that placed the child for adoption or consented to the adoption, within 30 days of receiving the file-marked copy. Third, the bill clarifies in statutes covering specific types of adoptions that a postadoption agreement must be filed with the court prior to the finalization of the adoption.
4. Amendments
The author has agreed to several minor amendments to clarify and strengthen the bill, including to ensure that state law is consistent with federal law regarding the entry of orders making the necessary SIJ determinations. The amendments are as follows, subject to any nonsubstantive changes the Office of Legislative Counsel may make:
Amendment 1
In Section 2 of the bill, which makes changes to Code of Civil Procedure section 155 that will take effect January 1, 2025, will be amended as follows (additions are underlined, deletions are in strikethrough):
155. (a) (1) A superior court has jurisdiction under California law to make judicial determinations regarding the dependency and/or custody and care of children within the meaning of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101 et seq. and 8 C.F.R. Sec. 204.11), which includes, but is not limited to, the juvenile, probate, and family court divisions of the superior court. These courts have jurisdiction to make the factual findingsjudicial determinations necessary to enable a child to petition the United States Citizenship and Immigration Services for classification as a special immigrant juvenile pursuant to Section 1101(a)(27)(J) of Title 8 of the United States Code.
(2) The judicial determinations set forth in paragraph (1) of subdivision (b) may be made for a child up to 21 years of age at any point in a proceeding regardless of the division of the superior court or type of proceeding if the prerequisites of that subdivision are met. A nunc pro tunc entry is permissible and shall not require proof of any clerical or other error, as long as the determinations could have been made as of the nunc pro tunc date.
(b) (1) If an order is requested from the superior court making the necessary findings determinations regarding special immigrant juvenile status pursuant to Section 1101(a)(27)(J) of Title 8 of the United States Code, and there is evidence to support those findingsdeterminations, which may consist solely of, but is not limited to, a declaration by the child who is the subject of the petition, the court shall issue the order, which shall include all of the following findingsdeterminations, each of which shall be supported by reference to the relevant provisions of California law:
(A) The child was either of the following:
(i) Declared a dependent of the court.
(ii) Legally committed to, or placed under the custody of, a state agency or department, or an individual or entity appointed by the court. The court shall indicate the date on which the dependency, commitment, or custody was ordered and the factual basis for making such order.
(B) That reunification of the child with one or both of the child’s parents was determined not to be viable because of abuse, neglect, abandonment, or a similar basis pursuant to California law. The court shall indicate the date on which reunification was determined not to be viable and the factual basis for making such determination.
(C) That it is not in the best interest of the child to be returned to the child’s, or the child’s parent’s, previous country of nationality or country of last habitual residence. The court shall indicate the factual basis for making such determination.
(2) The superior court may make additional findingsdeterminations under this section that are supported by evidence only if requested by a party. The asserted, purported, or perceived motivation of the child seeking classification as a special immigrant juvenile shall not be admissible in making the findings under this section. The court shall not include nor reference the asserted, purported, or perceived motivation of the child seeking classification as a special immigrant juvenile in the court’s findings under this section.
(c) In any judicial proceedings in response to a request that the superior court make the findingsdeterminations necessary to support a petition for classification as a special immigrant juvenile, information regarding the child’s immigration status that is not otherwise protected by state confidentiality laws shall remain confidential and shall be available for inspection only by the court, the child who is the subject of the proceeding, the parties, the attorneys for the parties, the child’s counsel, and the child’s guardian.
(d) In any judicial proceedings in response to a request that the superior court make the findings necessary to support a petition for classification as a special immigrant juvenile, records of the proceedings that are not otherwise protected by state confidentiality laws may be sealed using the procedure set forth in California Rules of Court 2.550 and 2.551.
(e) This section shall be operative on January 1, 2025.
Amendment 2
At p. 15, in line y, delete line 36 after “ADOPT-310” and all of line 37 and insert “and that form shall be signed by all adult parties to the agreement, and, if applicable pursuant to subdivision (d), by the child who is the subject of the adoption.”
SUPPORT
Academy of California Adoption-ART Lawyers (sponsor)
OPPOSITION
None known
RELATED LEGISLATION
Pending Legislation: AB 20 (Gipson, 2023) requires a local child support agency, when a child who is a dependent or ward of the juvenile court and parental rights have been terminated, to discuss a postadoption contact agreement providing for postadoption contact with specified family members. AB 20 is pending before this Committee.
Prior Legislation:
AB 2845 (Patterson, 2022) would have expanded the use of post-adoption contact agreements to maintain ties between an adopted child and their birth family and specified what a court must consider before ruling on a petition to terminate parental rights. AB 2895 was vetoed by Governor Newsom, whose veto message cited cost concerns as the reason for the veto.
AB 2495 (Patterson, Ch. 159, Stats. 2022) was the Academy of California Adoption-ART Lawyers’ annual adoption bill for 2022 and made multiple changes to adoption and family law in California, including changing rules for determining whether an embryo donor is an intended parent, clarifying rules regarding not concealing a prospective adoptive child from the adoption agency, clarifying who can file for an adoption and when, and expanding venue options for step-parent adoptions and readoptions of children adopted in other countries.
AB 993 (Patterson, 2021) was the Academy of California Adoption Lawyers’ annual adoption bill from 2021 and contained many of the same provisions in AB 2049. AB 993 died in the Senate Appropriations Committee.
PRIOR VOTES:
Assembly Floor (Ayes 66, Noes 0)
Assembly Judiciary Committee (Ayes 11, Noes 0)
**************
Date of Hearing: May 2, 2023
ASSEMBLY COMMITTEE ON JUDICIARY
Brian Maienschein, Chair
ABPCA Bill Id:AB 1650
Author:(Jim Patterson) – As Introduced Ver:February 17, 2023
proposed consent (As Proposed to be Amended)
SUBJECT: Family law proceedings: custody, parentage, and adoption
KEY ISSUES:
- should the court be permitted to make findings related to Special immigrant juvenIle status nunc pro tunc, if necessary and in the best interests of the child?
- should parties who create embryos together be allowed to enter a mutal agreement by which one party renounces legal interest in the embryo, with specific intent not to be the legal parent of any child born of the embryo?
- should a prospective adoptive parent be responsible for filing a post-adoption agreement with the court before finalization of the adoption, as specified?
SYNOPSIS
This bill is the annual adoption bill sponsored by the Academy of California Adoption Lawyers (ACAL). This year’s bill makes three useful, relatively non-controversial, changes to adoption and family law in California. In brief, these changes will allow a court to enter its findings on special juvenile immigration status nunc pro tunc; allow voluntary agreements on the rights and obligations relating to artificial embryos; and modify requirements for filing a post-adoption agreement with the court. The author and sponsor maintain that these changes will correct inequities and gaps in the Code of Civil Procedure and the Family Code related to the termination of parental rights and adoption proceedings, as well as align California law with federal protections for undocumented minors. The bill is sponsored by ACAL. There is no known opposition. The author will take minor clarifying amendments in this Committee. The amendments are already reflected in the bill summary below.
SUMMARY: Makes various changes to the Family Code and Code of Civil Procedure relating to immigrant juvenile status, agreements on artificial embryos, and the filing of post-adoption agreements. Specifically, this bill:
- Revises state law provisions relating to required court findings on special juvenile immigrant status to allow the findings to be made for a child up to 21 years of age, and to additionally allow the findings to be made nunc pro tunc. Specifies that a nunc pro tunc entry of the findings requires evidence that the relevant facts were true as of the requested nunc pro tunc date, and that it is in the child’s best interests to enter the findings nunc pro tunc.
- Authorizes persons who are not married to one another and who share legal control over the disposition of embryos created through assisted reproduction to enter into a written agreement whereby one person renounces all legal interest in the embryos, with the specific intent to not be a legal parent of any child conceived with use of the embryos. Provides that upon execution of the agreement, the person who retains legal interest in and control over disposition of the embryos would have the sole right to determine the use and disposition of the embryos, and the renouncing person would be treated in law as a donor, and not a legal parent. Authorizes either party to file the agreement with the court, as specified.
- Requires a person who has entered into a post-adoption agreement with a birth parent to file the agreement, signed by both participating parties, with the court before the adoption is finalized. If the petitioner fails to file the agreement by that time, the bill would authorize any other party to the agreement to file the agreement with the court at any time during the child’s minority.
EXISTING LAW:
- Permits a superior court in California to make judicial determinations regarding the custody and care of children within the meaning of the federal Immigration and Nationality Act and requires the court to make specified findings when making an order regarding special immigrant juvenile status. Authorizes those findings to be made at any point in a proceeding, as specified. (Code of Civil Procedure Section 155; 8 U.S.C. Sec. 1101 et seq. and 8 Code of Federal Regulations Section 204.11.)
- Authorizes a court, with the consent of the proposed ward, to appoint a guardian of the person for an unmarried individual who is 18 years of age or older, but who has not yet attained 21 years of age in connection with a petition to make the necessary findings regarding special immigrant juvenile status pursuant to subdivision (b) of Section 155 of the Code of Civil Procedure. (Probate Code Section 1510.1 (a)(1).)
- Authorizes a court, at the request of or with the consent of the ward, to extend an existing guardianship of the person for a ward past 18 years of age, for purposes of allowing the ward to complete the application process with the United States Citizenship and Immigration Services for classification as a special immigrant juvenile pursuant to Section 1101(a)(27)(J) of Title 8 of the United States Code. (Probate Code Section 1510.1 (b)(1).)
- Establishes the California Uniform Parentage Act, which defines the parent and child relationship as the legal relationship existing between a child and the child's natural or adoptive parents, incident to which the law confers or imposes rights, privileges, duties, and obligations. (Family Code Section 7600 et seq. Subsequent section numbers refer to the Family Code unless otherwise indicated.)
- Provides that a party to an assisted reproduction agreement may bring an action at any time to establish a parent-child relationship consistent with the intent expressed in the agreement. Requires the court, upon petition by any party to an assisted reproduction agreement for gestational carriers, to issue an order establishing parentage. (Sections 7630, 7962.)
- Provides that if a woman conceives through assisted reproduction with semen or ova donated by a donor not her spouse with the consent of another intended parent, then that intended parent is treated in law as if they were the child's natural parent. Requires that the other intended parent's consent be in writing and signed by both parties. Provides that a donor of semen to a licensed physician or sperm bank for use in assisted reproduction of a woman other than the donor’s spouse is treated in law as if he were not the natural parent of the child thereby conceived, unless otherwise agreed to in a writing signed by the donor and the woman prior to the conception of the child. If the semen is not provided to a licensed physician or sperm bank, provides that the semen donor is treated in law as if he were the natural parent of the child, unless the donor and the woman agree in writing before conception or 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, as provided. (Section 7613.)
- Allows a person desiring to adopt a dependent or nondependent child to file an adoption request, or petition, as specified. Requires a person who has entered into a post-adoption agreement with a birth parent, as specified, to file an agreement, signed by both participating parties, with the court. (Sections 8616.5 and 8714 (c).)
FISCAL EFFECT: As currently in print this bill is keyed non-fiscal.
COMMENTS: According to the author, this bill makes three relatively modest but nonetheless important changes to provisions of the Code of Civil Procedure and Family Code relating to post-adoption agreements and assisted reproduction. Specifically, the three changes will (1) fill “gaps in existing law” by ensuring that post-adoption agreements are filed with the court prior to adoption finalization; (2) provide a “mechanism for parties to peaceably resolve their future parental rights after creation of but prior to implantation of embryos;” and (3) “harmonize [state law] with federal law” by allowing courts to enter findings on a person’s special juvenile immigrant status nunc pro tunc, if needed.
This bill is sponsored by the Academy of California Adoption Lawyers (ACAL) and is a part of its regular efforts to make needed, but relatively non-controversial, changes to adoption and family law so that the laws “better reflect current practices and realities.” This year’s bill makes three changes. First, it would align state law with federal immigration law by allowing a court to enter its findings on “special juvenile immigration status” nunc pro tunc. Second, it will allow persons who create embryos for purposes of assisted reproduction to enter into voluntary agreements whereby one person renounces all interest in the embryo, with the specific intent to not be a legal parent of any child resulting from the embryos. Third, the bill makes a relatively minor change requiring the person petitioning for the adoption of a child to file any post-adoption agreement with the court prior to finalization of adoption. If the petitioner fails to file the agreement by that time, any other party to the agreement may file the agreement with the court at any time during the child’s minority. Each of these changes is discussed more fully below.
“Special Immigrant Juvenile Status” and nunc pro tunc orders. Special Immigrant Juvenile Status (SIJS) is a federal immigration classification available to undocumented immigrants under the age of 21 years old who have been abused, neglected, or abandoned by one or more parents. SIJS creates a path for immigrant youth to obtain legal status in situations where they cannot be reunited with one or both parents due to a history of abuse or neglect and where they cannot be safely returned to their country of origin. While a juvenile (or the juvenile's representative) must eventually apply to the United States Citizenship and Immigration Service for SIJS status, the first step requires the juvenile to obtain requisite findings from a state court (usually a family, juvenile, or probate court). These findings must demonstrate the child is a "dependent" committed to the custody of a state agency or a court-appointed guardian; that reunification with one or both parents is not viable due to a history abuse, neglect, or abandonment; and that it is not in the child's best interest to be returned to his or her country of origin.
This bill expressly allows SJIS findings to be entered nunc pro tunc, a Latin phrase meaning “now for then.” Nunc pro tunc orders allow a court to correct a date erroneously recorded on the court order so that it reflects the date on which the order was actually entered. Consistent with usual practice, this bill permits the court to do this only if there is evidence that the relevant facts were true as of the requested nunc pro tunc date, and that it is in the child’s best interests to enter the findings nunc pro tunc.
The Uniform Parentage Act and Assisted Reproduction. California’s Uniform Parentage Act (UPA) defines the legal relationship between a child and the child’s natural or adoptive parents and imposes upon the legal parent certain rights, duties and obligations. The increasing use of assisted reproduction technology (ART) – including reliance on sperm and ova donation to create an embryo – necessitated changes in UPA, but without fundamentally altering the underling legal principles or the rights, duties, and obligations of parenthood. Assisted reproduction can involve several different kinds of relationships. In some cases, spouses or partners may use ART as a fertility treatment, and the child born by artificial means creates the same legal relationship as a child born by “natural” means. In other cases, the sperm or ova donor may be someone other than a spouse or partner, and a third person may be the other “intended parent.” In the latter case, the intended parent is treated at law as if they were the natural parent, so long as the intended parent has consented in writing signed by both parties. In addition, when a person donates semen to a licensed physician or a sperm bank for use by a person other than the donor’s spouse, the donor is not assumed to be the legal parent, unless there is a written agreement providing otherwise. In other words, the law assumes that intent to become a parent is more significant than the genetic contribution.
This bill envisions a situation in which two people have together already created an embryo (or embryos) through assisted reproduction but have since decided that they no longer want to be the parents of a child together. The bill would, therefore, authorize the parties to enter into a written agreement whereby one of the two parties renounces all legal interest in the embryos, with the specific intent to not be a legal parent of any child that results from those embryos. Once the agreement has been executed, the person who retains legal interest in and control over disposition of the embryos would have the sole right to determine the use and disposition of the embryos, and the renouncing person is treated in law as a donor, and not a legal parent. Such an agreement would only be valid if entered into before the embryo has been implanted in a womb. According to the author and sponsor, this will provide a mechanism for parties to peaceably resolve their future parental rights after creation of the embryo but prior to its implantation.
Time of filing post-adoption agreements. Existing adoption law recognizes the benefit of continuing contact between adoptive children and their birth parents or birth relatives, at least under appropriate circumstances. As such, the law recognizes, and even favors, agreements that facilitate contact between the child and the birth relatives, so long as the agreement is made voluntarily and the contact is in the best interests of the child. Under existing law, if a petitioner seeking to adopt a child has entered into a postadoption agreement, the petitioner must file a copy agreement – signed by both parties – with the court. The court, in turn, must determine that the agreement was properly executed and is in the best interest of the child at the time the adoption petition is granted. The existing provision does not expressly state when the postadoption agreement must be filed; rather, it says that the court will make its decision on the validity of the postadoption agreement at the time the petition is granted. Presumably, however, if the court must make its determination at the time the petition is granted, then the postadoption agreement must have been filed with the court sometime before this. This bill would modify existing law by expressly requiring the postadoption agreement to be filed “before the adoption is finalized.” In addition, if the petitioner fails to file the agreement by that time, this bill would authorize any other party to the agreement to file the agreement with the court at any time during the child’s minority.
If this bill moves forward, the author may wish to consider making the language of this provision consistent with existing law. As noted above, existing law states that the court must rule on the validity and appropriateness of the agreement at “the time the adoption petition is granted,” which necessarily presumes, even if it does not expressly state, that the agreement must have been filed sometime before the petition is granted. This bill, on the other hand, expressly states that the agreement must be filed “before the adoption is finalized.” According to information provided to the Committee by the Department of Social Services, the adoption is “finalized” when the court grants the adoption petition. If the “granting of the adoption petition” and “finalization” are in fact the same thing, then it might be useful to use the same term where the same thing is meant.
Proposed Author Amendments. Under existing law post-adoption agreements filed with the court must be signed by both parties. This provision was inadvertently stricken and not replaced when the bill as introduced modified the relevant subdivision. Therefore, the author will take the following amendments in this Committee:
-On page 8, line 31 after “agreement” insert: signed by both participating parties,
-On page 10, line 23, after “agreement” insert: signed by both participating parties,
-On page 11, line 14 after “agreement” insert: signed by both participating parties,
-On page 12, line 1 after “agreement” insert: signed by both participating parties,
ARGUMENTS IN SUPPORT: The Academy of California Adoption Lawyers (ACAL), the sponsor, argues that AB 1650 will “correct inequities and gaps in the Family Code related to adoption proceedings and assisted reproduction, as well as conform family law with federal protections related to the custody and care of undocumented minors.” Specifically, ACAL writes, it will do this by (1) harmonizing provisions in the Code of Civil Procedure with federal law and the California Probate Code by allowing a court to enter its findings on special juvenile immigrant status nunc pro tunc; (2) authorizing voluntary agreements between parties who created embryos together but no longer wish to become parents together; and (3) making prospective adoptive parents responsible for filing post-adoption agreements with the court before finalization of the adoption. AB 1650, ACAL concludes, will “appropriately modernize outdated adoption and assisted reproduction related laws to establish more fairness and better reflect current practice and realities.”
REGISTERED SUPPORT / OPPOSITION:
Support
Academy of California Adoption Lawyers (sponsor)
Opposition
None on file
Analysis Prepared by: Tom Clark / JUD. / (916) 319-2334
Discussed in Hearing
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Bill Author
Bill Co-Author(s):