California 2011-2012 Regular Session Status: Enacted

AB 1349 — Paternity: conflicting presumptions.

Last action — Chaptered by Secretary of State - Chapter 185, Statutes of 2011.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 18, 2011. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Under existing law, with certain exceptions, a man is conclusively presumed to be the father of a child if he was married to and cohabiting with the child's mother. Existing law also provides that if a man signs a voluntary declaration of paternity, it has the force and effect of a judgment of paternity, subject to certain exceptions. Existing law further provides that a man is rebuttably presumed to be the father if he was married to, or attempted to marry, the mother before or after the birth of the child, or he receives the child as his own and openly holds the child out as his own. Under existing law, the voluntary declaration of paternity may be set aside by the court if genetic evidence establishes the man is not the father of the child, while the latter presumptions are rebutted by a judgment establishing paternity by another man. Existing law provides that if 2 or more presumptions conflict with each other, the presumption which on the facts is founded on the weightier considerations of policy and logic controls. This bill would provide that a voluntary declaration of paternity is invalid if, at the time the declaration was signed, the child already had a presumed parent, as specified, or if the man signing the declaration is a sperm donor. The bill would authorize a person who is rebuttably presumed to be the child's parent under the above-described provisions to bring a motion to set aside a voluntary declaration of paternity, and would require the court to consider specified factors, including the nature, duration, and quality of the petitioning party's relationship with the child in deciding whether to set aside the voluntary declaration of paternity. The bill would include these proceedings among the exceptions to the provision that a voluntary declaration of paternity has the force and effect of a judgment of paternity. The bill would provide that, in the event of a conflict between a rebuttable presumption of paternity and the voluntary declaration of paternity, the weightier considerations of policy and logic control. The bill would make other conforming changes. Under existing law, the donor of semen provided to a licensed physician and surgeon or to a licensed sperm bank for use in artificial insemination or in vitro fertilization of a woman other than the donor's wife is treated as if he were not the natural father of a child thereby conceived. This bill would enable a sperm donor to be treated as a natural father if it is agreed to in a writing signed by the donor and the woman prior to the conception of the child.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 185, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 1:30 p.m.

  4. In Assembly. Ordered to Engrossing and Enrolling.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 23. Noes 14. Page 1852.).

  6. Read second time. Ordered to third reading.

  7. From committee: Do pass. (Ayes 3. Noes 1.) (June 14).

  8. Referred to Com. on JUD.

  9. In Senate. Read first time. To Com. on RLS. for assignment.

  10. Read third time. Passed. Ordered to the Senate. (Ayes 52. Noes 22. Page 1172.)

  11. Read second time. Ordered to third reading.

  12. From committee: Do pass. (Ayes 7. Noes 2.) (April 26).

  13. Re-referred to Com. on JUD.

  14. Measure version as amended on April 14 corrected.

  15. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  16. Referred to Com. on JUD.

  17. From printer. May be heard in committee March 22.

  18. Read first time. To print.

Sponsors

  • Hill · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 6 voted No

Sponsors (1)

  • Hill

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

3rd Reading AB1349 Hill By Lieu

Passed 23 Yea · 14 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 211303
Democratic 2000
Republican 0100
Total 231403
% of votes cast 58%35%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Nay
Evans — Yea
Fuller — Nay
Cannella — Nay
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Hancock — Yea
Harman — Not Voting
Corbett — Yea
Runner — Nay
Hernandez — Yea
Huff — Nay
Alquist — Yea
Anderson — Nay
Blakeslee — Nay
Dutton — Nay
Leno — Yea
Lieu — Yea
Pavley — Yea
Simitian — Yea
Steinberg — Yea
Walters — Nay
Wolk — Yea
Kehoe — Yea
Liu — Yea
Price — Yea
Vargas — Yea
Wright — Not Voting
Emmerson — Nay
Correa — Not Voting
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 3 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 3101
Total 3101
% of votes cast 60%20%0%20%
How each member voted (5)
Member Party Vote
Corbett — Yea
Harman — Nay
Blakeslee — Not Voting
Leno — Yea
Evans — Yea

Official roll call →

AB 1349 HILL Assembly Third Reading

Passed 52 Yea · 22 Nay · 5 Other
Party YeaNayPresentNot Voting
Republican 0200
Unaffiliated 502004
Democratic 2001
Total 522205
% of votes cast 66%28%0%6%
How each member voted (79)
Member Party Vote
Hall — Yea
Butler — Yea
Eng — Yea
Feuer — Yea
Furutani — Yea
Carter — Yea
Cedillo — Yea
Hill — Yea
Huber — Yea
Huffman — Yea
Portantino — Yea
Ammiano — Yea
Ma — Yea
Skinner — Yea
Swanson — Yea
Williams — Yea
John A. Pérez — Yea
Mitchell — Yea
Yamada — Yea
Fletcher — Yea
Galgiani — Yea
Campos — Yea
Garrick — Nay
Bonilla — Yea
Atkins — Yea
Gordon — Yea
Gorell — Not Voting
Hagman — Not Voting
Halderman — Not Voting
Harkey — Nay
Hayashi — Yea
Jeffries — Yea
Knight — Nay
Lara — Yea
Logue — Nay
Beall — Yea
Chesbro — Yea
Conway — Nay
Cook — Nay
Donnelly — Nay
Mendoza — Not Voting
Miller — Nay
Morrell — Nay
Norby — Nay
Olsen — Nay
Pan — Yea
Smyth — Nay
Torres — Yea
Valadao — Nay
Wieckowski — Yea
Achadjian — Nay
Alejo — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hueso — Yea
Mansoor — Nay
Monning — Yea
Nestande — Nay
Nielsen — Nay
Perea — Yea
Silva — Nay
Solorio — Yea
Wagner — Nay
Davis — Yea
Dickinson — Yea
Fuentes — Yea
Gatto — Yea
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Calderon, Lisa Democratic Not Voting
Fong, Mike Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 7 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 7101
Republican 0100
Total 7201
% of votes cast 70%20%0%10%
How each member voted (10)
Member Party Vote
Gorell — Not Voting
Feuer — Yea
Atkins — Yea
Huffman — Yea
Monning — Yea
Wieckowski — Yea
Huber — Yea
Wagner — Nay
Dickinson — Yea
Jones, Brian W. Republican Nay

Official roll call →

Subjects

civil-rights labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 1349 do?
Under existing law, with certain exceptions, a man is conclusively presumed to be the father of a child if he was married to and cohabiting with the child's mother. Existing law also provides that if a man signs a voluntary declaration of paternity, it has the force and effect of a judgment of paternity, subject to certain exceptions. Existing law further provides that a man is rebuttably presumed to be the father if he was married to, or attempted to marry, the mother before or after the birth of the child, or he receives the child as his own and openly holds the child out as his own. Under existing law, the voluntary declaration of paternity may be set aside by the court if genetic evidence establishes the man is not the father of the child, while the latter presumptions are rebutted by a judgment establishing paternity by another man. Existing law provides that if 2 or more presumptions conflict with each other, the presumption which on the facts is founded on the weightier considerations of policy and logic controls. This bill would provide that a voluntary declaration of paternity is invalid if, at the time the declaration was signed, the child already had a presumed parent, as specified, or if the man signing the declaration is a sperm donor. The bill would authorize a person who is rebuttably presumed to be the child's parent under the above-described provisions to bring a motion to set aside a voluntary declaration of paternity, and would require the court to consider specified factors, including the nature, duration, and quality of the petitioning party's relationship with the child in deciding whether to set aside the voluntary declaration of paternity. The bill would include these proceedings among the exceptions to the provision that a voluntary declaration of paternity has the force and effect of a judgment of paternity. The bill would provide that, in the event of a conflict between a rebuttable presumption of paternity and the voluntary declaration of paternity, the weightier considerations of policy and logic control. The bill would make other conforming changes. Under existing law, the donor of semen provided to a licensed physician and surgeon or to a licensed sperm bank for use in artificial insemination or in vitro fertilization of a woman other than the donor's wife is treated as if he were not the natural father of a child thereby conceived. This bill would enable a sperm donor to be treated as a natural father if it is agreed to in a writing signed by the donor and the woman prior to the conception of the child.
Who sponsors AB 1349?
AB 1349 is sponsored by Hill.
What is the current status of AB 1349?
This bill has been enacted into law. Introduced February 18, 2011. Enacted.
Where can I track AB 1349?
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