California 2019-2020 Regular Session

California Senate Bill SB1109

Introduced
2/19/20  

Caption

Adoption.

Impact

One significant change proposed by SB 1109 is the increase in the maximum amount that prospective adoptive parents may be required to pay for the attorney fees of the birth parents. The bill raises this cap from $500 to $1,500, acknowledging the rising costs associated with legal representation. Additionally, the legislation seeks to provide greater clarity regarding the responsibilities of attorneys in adoption cases, reinforcing the necessity for transparency in the legal process and ensuring that birth parents understand their rights and options.

Summary

Senate Bill No. 1109, introduced by Senator Jackson, amends Section 8800 of the Family Code pertaining to adoption processes in California. The primary objective of the bill is to ensure that birth parents involved in adoption are represented by independent attorneys. This is crucial in protecting the legal interests of the birth parents, especially in cases where there may be a conflict of interest with attorneys representing prospective adoptive parents. The bill underscores the ethical obligations of attorneys, mandating that without written consent, a birth parent must have separate representation during adoption proceedings.

Contention

The bill's provisions aim to tackle potential conflicts of interest that may arise when one attorney represents both the birth parents and prospective adoptive parents. Opponents of the bill may argue that the increased attorney fees could impose a financial burden on prospective adoptive parents, especially in a system where adoption can already be costly. However, the protection of birth parents' rights and the assurance of independent legal advice is emphasized as a priority, reflecting the legislature's commitment to ethical standards in family law.

Companion Bills

No companion bills found.

Previously Filed As

CA AB1650

Family law proceedings: custody, parentage, and adoption.

CA SB807

Adoption facilitators.

CA AB81

Indian children: child custody proceedings.

CA AB3281

Judiciary omnibus.

CA SB1525

Maintenance of the codes.

CA AB120

Human services.

CA SB120

Human services.

CA AB20

Postadoption contact agreements: reinstatement of parental rights.

CA AB3049

Dependency: court hearings.

CA AB1756

Committee on Judiciary: judiciary omnibus.

Similar Bills

CA AB993

The parent and child relationship.

CA SB26

Collegiate athletics: student athlete compensation and representation.

CA SB37

Attorneys: unlawful solicitations and advertisements.

CA SB206

Collegiate athletics: student athlete compensation and representation.

TX HB920

Relating to the compensation and professional representation of student athletes participating in intercollegiate athletic programs at certain public and private institutions of higher education.

TX SB421

Relating to the compensation and professional representation of student athletes participating in intercollegiate athletic programs at certain public and private institutions of higher education.

TX HB1710

Relating to the compensation and professional representation of student athletes participating in intercollegiate athletic programs at certain public and private institutions of higher education.

TX SB660

Relating to the compensation and professional representation of student athletes participating in intercollegiate athletic programs at certain institutions of higher education.