AB 1650 — Family law proceedings: custody, parentage, and adoption.

Summary

(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 child's 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.

Bill Text

• Chaptered 10/13/23 - Chaptered Current pdf October 13, 2023
• Enrolled 09/18/23 - Enrolled pdf September 18, 2023
• Amended 09/08/23 - Amended Senate pdf September 08, 2023
• Amended 06/29/23 - Amended Senate pdf June 29, 2023
• Amended 06/19/23 - Amended Senate pdf June 19, 2023
• Amended 05/03/23 - Amended Assembly pdf May 03, 2023
• Introduced 02/17/23 - Introduced pdf February 17, 2023
• AB1650 View text html

Action History

1. October 13, 2023

   Chaptered by Secretary of State - Chapter 851, Statutes of 2023.

2. October 13, 2023

   Approved by the Governor.

3. September 22, 2023

   Enrolled and presented to the Governor at 11:30 a.m.

4. September 14, 2023

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 3561.).

5. September 13, 2023

   In Assembly. Concurrence in Senate amendments pending.

6. September 13, 2023

   Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2758.).

7. September 11, 2023

   Read second time. Ordered to third reading.

8. September 08, 2023

   Read third time and amended. Ordered to second reading.

9. July 05, 2023

   Ordered to third reading.

10. July 05, 2023

    From Consent Calendar.

11. June 29, 2023

    Read second time and amended. Ordered to consent calendar.

12. June 28, 2023

    From committee: Amend, and do pass as amended. To Consent Calendar. (Ayes 11. Noes 0.) (June 27).

13. June 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.

14. May 24, 2023

    Referred to Com. on JUD.

15. May 11, 2023

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

16. May 11, 2023

    Read third time. Passed. Ordered to the Senate. (Ayes 66. Noes 0. Page 1522.)

17. May 04, 2023

    Read second time. Ordered to Consent Calendar.

18. May 03, 2023

    Read second time and amended. Ordered returned to second reading.

19. May 02, 2023

    From committee: Amend, and do pass as amended. To Consent Calendar. (Ayes 11. Noes 0.) (May 2).

20. March 09, 2023

    Referred to Com. on JUD.

21. February 18, 2023

    From printer. May be heard in committee March 20.

22. February 17, 2023

    Read first time. To print.

Sponsors

• Joe Patterson · Primary

Votes

Subjects