California 2011-2012 Regular Session Status: In Committee

SB 375 — Paternity.

Last action — Returned to Secretary of Senate pursuant to Joint Rule 56.

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

This bill died with 2011-2012 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law establishes a conclusive presumption that a man is the natural father of a child if he and the natural mother of the child are married and the child is born during the marriage, or if he signs a voluntary declaration of paternity, as provided. Under existing law, these presumptions of paternity may be rebutted by genetic evidence that another man is the biological father of the child. Existing law requires that a motion for genetic tests be filed not later than 2 years after the birth of the child, as specified. This bill would, notwithstanding those provisions, authorize a presumed father to file a motion for genetic tests within 2 years after he becomes aware of facts that lead him to reasonably believe that he may not be the biological father of the child. Existing law provides that, except as to cases in which paternity is presumed under the conclusive presumption described above, specified persons, including a man alleged or alleging himself to be the father, may bring an action to determine the existence of the father and child relationship. This bill would delete that exception, thereby authorizing those persons to bring an action to determine the existence of the father and child relationship in a case in which another man is presumed to be the father. Existing law declares that there is a compelling state interest in determining paternity for all children. This bill would instead declare that there is compelling state interest in determining biological paternity for all children, and would further declare that establishing paternity for biological fathers would increase respect for the judicial system.

Bill Text

Action History

  1. Returned to Secretary of Senate pursuant to Joint Rule 56.

  2. Set, first hearing. Hearing canceled at the request of author.

  3. Set for hearing May 10.

  4. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  5. Referred to Com. on JUD.

  6. From printer. May be acted upon on or after March 18.

  7. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Wright · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Wright

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"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

Subjects

civil-rights
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Frequently asked questions

What does SB 375 do?
Existing law establishes a conclusive presumption that a man is the natural father of a child if he and the natural mother of the child are married and the child is born during the marriage, or if he signs a voluntary declaration of paternity, as provided. Under existing law, these presumptions of paternity may be rebutted by genetic evidence that another man is the biological father of the child. Existing law requires that a motion for genetic tests be filed not later than 2 years after the birth of the child, as specified. This bill would, notwithstanding those provisions, authorize a presumed father to file a motion for genetic tests within 2 years after he becomes aware of facts that lead him to reasonably believe that he may not be the biological father of the child. Existing law provides that, except as to cases in which paternity is presumed under the conclusive presumption described above, specified persons, including a man alleged or alleging himself to be the father, may bring an action to determine the existence of the father and child relationship. This bill would delete that exception, thereby authorizing those persons to bring an action to determine the existence of the father and child relationship in a case in which another man is presumed to be the father. Existing law declares that there is a compelling state interest in determining paternity for all children. This bill would instead declare that there is compelling state interest in determining biological paternity for all children, and would further declare that establishing paternity for biological fathers would increase respect for the judicial system.
Who sponsors SB 375?
SB 375 is sponsored by Wright.
What is the current status of SB 375?
This bill died with 2011-2012 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 375?
Track SB 375 free on One Click Politics — get push/email alerts when it moves.

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