Through the proposed amendments, AB 1359 seeks to exempt stepparent adoptions from the requirements of a home investigation, hearing, and certain associated costs, unless the court directs otherwise. This adjustment is designed to lessen the procedural burden on families seeking to formalize the adoption of a child born to one partner. By easing these requirements, the bill acknowledges the evolving nature of family structures and aims to support families while ensuring that appropriate legal frameworks are maintained.
Summary
Assembly Bill No. 1359, introduced by Assembly Member Levine on February 19, 2021, aims to amend Section 9000.5 of the Family Code specifically concerning stepparent adoptions. The bill recognizes that stepparent adoptions already follow certain procedures involving a spouse or partner who births the child within a marriage or domestic partnership. The legislation intends to streamline these procedures by making technical, nonsubstantive changes that are expected to simplify the adoption process.
Contention
While the bill is likely to ease the stepparent adoption process, concerns may arise regarding the potential implications on parental rights, especially when it comes to ensuring that all parties with claim to parentage are adequately notified or represented. The requirement that those with parentage claims must either provide consent or be notified of the adoption proceedings remains crucial to uphold, balancing the streamlined process with necessary safeguards for the child's welfare and legal standing.
In proceedings prior to petition to adopt, further providing for hearing, for alternative procedure for relinquishment and for hearing; in support matters generally, further providing for paternity and for continuing jurisdiction over support orders; in general provisions relating to children and minors, repealing provisions relating to acknowledgment and claim of paternity; in jurisdiction, further providing for bases for jurisdiction over nonresident; enacting the Uniform Parentage Act; and providing for parent-child relationship for certain individuals, for voluntary acknowledgment of parentage, for genetic testing, for proceeding to adjudicate parentage, for assisted reproduction, for surrogacy agreements and for information about donors.
In intestate succession, further providing for rules of succession; in administration and personal representatives, providing for liability of executor; in proceedings prior to petition to adopt, further providing for rules of succession, for hearing, for alternative procedure for relinquishment and for hearing; in support matters generally, further providing general administration of support matters, repealing provisions relating to paternity and further providing for continuing jurisdiction over support orders; in general provisions relating to children and minors, repealing provisions relating to acknowledgment and claim of paternity; in jurisdiction, further providing for bases for jurisdiction over nonresident; enacting the Uniform Parentage Act; providing for parent-child relationship for certain individuals, for voluntary acknowledgment of parentage, for genetic testing, for proceeding to adjudicate parentage, for assisted reproduction, for surrogacy agreements and for information about donors; and, in organization and jurisdiction of courts of common pleas, further providing for original jurisdiction and venue.