| 1 | | - | Enrolled August 26, 2022 Passed IN Senate August 23, 2022 Passed IN Assembly August 24, 2022 Amended IN Senate May 16, 2022 Amended IN Assembly March 11, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1926Introduced by Assembly Member ChoiFebruary 09, 2022 An act to amend, repeal, and add Sections 7571, 7572, 7573, and 7574 of the Family Code, relating to parentage. LEGISLATIVE COUNSEL'S DIGESTAB 1926, Choi. Voluntary declaration of parentage.Existing law establishes the Department of Child Support Services within the California Health and Human Services Agency and requires the department to administer all services and perform all functions necessary to establish, collect, and distribute child support.Existing law requires a person responsible for registering live births to provide a voluntary declaration of parentage and specified written materials to a woman giving birth and to attempt to provide to the person identified by the woman giving birth as either the only possible genetic parent other than the woman who gave birth or the intended parent of a child conceived through assisted reproduction. Existing law also requires the department to develop a form to execute the voluntary declaration of parentage.This bill would require the department to make the above-described form available as both a paper and an electronic version, as specified.Existing law requires a voluntary declaration of parentage to be in a record signed by the woman who gave birth to the child and by either the only possible genetic parent other than the woman who gave birth or the intended parent of a child conceived through assisted reproduction, and requires the signatures to be attested by a notary or witnessed.This bill would authorize a signatory or witness to sign a voluntary declaration of parentage using an electronic signature if certain requirements are met, including that the electronic signature is unique to the person using it and it is capable of independent verification.The bill would delay the operation of the above-described provisions until January 1, 2024.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 7571 of the Family Code is amended to read:7571. (a) On and after January 1, 1995, upon the event of a live birth, prior to an unmarried mother or a mother who gave birth to a child conceived through assisted reproduction leaving a hospital, the person responsible for registering live births under Section 102405 of the Health and Safety Code shall provide to the woman giving birth and shall attempt to provide, at the place of birth, to the person identified by the woman giving birth as either the only possible genetic parent other than the woman who gave birth or the intended parent of a child conceived through assisted reproduction, a voluntary declaration of parentage together with the written materials described in Section 7572. Staff in the hospital shall witness the signatures of parents signing a voluntary declaration of parentage and shall forward the signed declaration to the Department of Child Support Services within 20 days of the date the declaration was signed. A copy of the declaration shall be made available to each of the attesting parents.(b) A health care provider shall not be subject to civil, criminal, or administrative liability for a negligent act or omission relative to the accuracy of the information provided, or for filing the declaration with the appropriate state or local agencies.(c) The local child support agency shall pay the sum of ten dollars ($10) to birthing hospitals and other entities that provide prenatal services for each completed declaration of parentage that is filed with the Department of Child Support Services, provided that the local child support agency and the hospital or other entity providing prenatal services has entered into a written agreement that specifies the terms and conditions for the payment as required by federal law.(d) If the declaration is not registered by the person responsible for registering live births at the hospital, it may be completed by the attesting parents, notarized, and mailed to the Department of Child Support Services at any time after the childs birth.(e) Prenatal clinics shall offer prospective parents the opportunity to sign a voluntary declaration of parentage. In order to be paid for their services as provided in subdivision (c), prenatal clinics must ensure that the form is witnessed and forwarded to the Department of Child Support Services within 20 days of the date the declaration was signed.(f) Declarations shall be made available without charge at all local child support agency offices, offices of local registrars of births and deaths, courts, and county welfare departments within this state. Staff in these offices shall witness the signatures of parents wishing to sign a voluntary declaration of parentage and shall be responsible for forwarding the signed declaration to the Department of Child Support Services within 20 days of the date the declaration was signed.(g) The Department of Child Support Services, at its option, may pay the sum of ten dollars ($10) to local registrars of births and deaths, county welfare departments, or courts for each completed declaration of parentage that is witnessed by staff in these offices and filed with the Department of Child Support Services. In order to receive payment, the Department of Child Support Services and the entity shall enter into a written agreement that specifies the terms and conditions for payment as required by federal law. The Department of Child Support Services shall study the effect of the ten-dollar ($10) payment on obtaining completed voluntary declaration of parentage forms.(h) The Department of Child Support Services and local child support agencies shall publicize the availability of the declarations. The local child support agency shall make the declaration, together with the written materials described in subdivision (a) of Section 7572, available upon request to any parent and any agency or organization that is required to offer parents the opportunity to sign a voluntary declaration of parentage. The local child support agency shall also provide qualified staff to answer parents questions regarding the declaration and the process of establishing parentage.(i) Copies of the declaration and any rescissions filed with the Department of Child Support Services shall be made available only to the parents, the child, the local child support agency, the county welfare department, the county counsel, the State Department of Public Health, and the courts.(j) Publicly funded or licensed health clinics, pediatric offices, Head Start programs, childcare centers, social services providers, prisons, and schools may offer parents the opportunity to sign a voluntary declaration of parentage. In order to be paid for their services as provided in subdivision (c), publicly funded or licensed health clinics, pediatric offices, Head Start programs, childcare centers, social services providers, prisons, and schools shall ensure that the form is witnessed and forwarded to the Department of Child Support Services.(k) An agency or organization required to offer parents the opportunity to sign a voluntary declaration of parentage shall also identify parents who are willing to sign, but were unavailable when the child was born. The organization shall then contact these parents within 10 days and again offer the parent the opportunity to sign a voluntary declaration of parentage.(l) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.SEC. 2. Section 7571 is added to the Family Code, to read:7571. (a) On and after January 1, 1995, upon the event of a live birth, prior to an unmarried mother or a mother who gave birth to a child conceived through assisted reproduction leaving a hospital, the person responsible for registering live births under Section 102405 of the Health and Safety Code shall provide to the woman giving birth and shall attempt to provide, at the place of birth, to the person identified by the woman giving birth as either the only possible genetic parent other than the woman who gave birth or the intended parent of a child conceived through assisted reproduction, a voluntary declaration of parentage together with the written materials described in Section 7572. Staff in the hospital shall witness the signatures of parents signing a voluntary declaration of parentage and shall forward the signed declaration to the Department of Child Support Services within 20 days of the date the declaration was signed. A printed or electronic copy of the declaration shall be made available to each of the attesting parents.(b) A health care provider shall not be subject to civil, criminal, or administrative liability for a negligent act or omission relative to the accuracy of the information provided, or for filing the declaration with the appropriate state or local agencies.(c) The local child support agency shall pay the sum of ten dollars ($10) to birthing hospitals and other entities that provide prenatal services for each completed declaration of parentage that is filed with the Department of Child Support Services, provided that the local child support agency and the hospital or other entity providing prenatal services has entered into a written agreement that specifies the terms and conditions for the payment as required by federal law.(d) If the declaration is not registered by the person responsible for registering live births at the hospital, it may be completed by the attesting parents, notarized, and mailed to the Department of Child Support Services at any time after the childs birth.(e) Prenatal clinics shall offer prospective parents the opportunity to sign a voluntary declaration of parentage. In order to be paid for their services as provided in subdivision (c), prenatal clinics must ensure that the form is witnessed and forwarded to the Department of Child Support Services within 20 days of the date the declaration was signed.(f) Declarations shall be made available without charge at all local child support agency offices, offices of local registrars of births and deaths, courts, and county welfare departments within this state. Staff in these offices shall witness the signatures of parents wishing to sign a voluntary declaration of parentage and shall be responsible for forwarding the signed declaration to the Department of Child Support Services within 20 days of the date the declaration was signed.(g) The Department of Child Support Services, at its option, may pay the sum of ten dollars ($10) to local registrars of births and deaths, county welfare departments, or courts for each completed declaration of parentage that is witnessed by staff in these offices and filed with the Department of Child Support Services. In order to receive payment, the Department of Child Support Services and the entity shall enter into a written agreement that specifies the terms and conditions for payment as required by federal law. The Department of Child Support Services shall study the effect of the ten-dollar ($10) payment on obtaining completed voluntary declaration of parentage forms.(h) The Department of Child Support Services and local child support agencies shall publicize the availability of the declarations. The local child support agency shall make the declaration, together with the written materials described in subdivision (a) of Section 7572, available upon request to any parent and any agency or organization that is required to offer parents the opportunity to sign a voluntary declaration of parentage. The local child support agency shall also provide qualified staff to answer parents questions regarding the declaration and the process of establishing parentage.(i) Copies of the declaration and any rescissions filed with the Department of Child Support Services shall be made available only to the parents, the child, the local child support agency, the county welfare department, the county counsel, the State Department of Public Health, and the courts.(j) Publicly funded or licensed health clinics, pediatric offices, Head Start programs, childcare centers, social services providers, prisons, and schools may offer parents the opportunity to sign a voluntary declaration of parentage. In order to be paid for their services as provided in subdivision (c), publicly funded or licensed health clinics, pediatric offices, Head Start programs, childcare centers, social services providers, prisons, and schools shall ensure that the form is witnessed and forwarded to the Department of Child Support Services within 20 days of the date the declaration was signed.(k) An agency or organization required to offer parents the opportunity to sign a voluntary declaration of parentage shall also identify parents who are willing to sign, but were unavailable when the child was born. The organization shall then contact these parents within 10 days and again offer the parent the opportunity to sign a voluntary declaration of parentage.(l) This section shall become operative on January 1, 2024.SEC. 3. Section 7572 of the Family Code is amended to read:7572. (a) The Department of Child Support Services, in consultation with the State Department of Health Care Services, the Child Support Directors Association of California, the California Hospital Association, and other affected health provider organizations, shall work cooperatively to develop written materials to assist providers and parents in complying with this chapter. This written material shall be updated periodically by the Department of Child Support Services to reflect changes in law, procedures, or public need.(b) The written materials for unmarried parents or parents of a child conceived through assisted reproduction that shall be attached to the form specified in Section 7574 shall contain the following information:(1) A signed voluntary declaration of parentage that is filed with the Department of Child Support Services legally establishes parentage.(2) The legal rights and obligations of both parents and the child that result from the establishment of parentage.(3) An alleged fathers constitutional rights to have the issue of parentage decided by a court; to notice of any hearing on the issue of parentage; to have an opportunity to present the alleged fathers case to the court, including the right to present and cross-examine witnesses; to be represented by an attorney; and to have an attorney appointed if the alleged father cannot afford one in a parentage action filed by a local child support agency.(4) That by signing the voluntary declaration of parentage, the father is voluntarily waiving the fathers constitutional rights.(c) Parents shall also be given oral notice of the rights and responsibilities specified in subdivision (b). Oral notice may be accomplished through the use of audio or video recorded programs developed by the Department of Child Support Services to the extent permitted by federal law.(d) The Department of Child Support Services shall, free of charge, make available to hospitals, clinics, and other places of birth any and all informational and training materials for the program under this chapter, as well as the declaration of parentage form. The Department of Child Support Services shall make training available to every participating hospital, clinic, local registrar of births and deaths, and other place of birth.(e) The Department of Child Support Services may adopt regulations, including emergency regulations, necessary to implement this chapter.(f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.SEC. 4. Section 7572 is added to the Family Code, to read:7572. (a) The Department of Child Support Services, in consultation with the State Department of Health Care Services, the Child Support Directors Association of California, the California Hospital Association, and other affected health provider organizations, shall work cooperatively to develop written materials to assist providers and parents in complying with this chapter. These written materials shall be updated periodically by the Department of Child Support Services to reflect changes in law, procedures, or public need.(b) The written materials for unmarried parents or parents of a child conceived through assisted reproduction that shall be attached to the form specified in Section 7574 shall contain the following information:(1) A signed voluntary declaration of parentage that is filed with the Department of Child Support Services legally establishes parentage.(2) The legal rights and obligations of both parents and the child that result from the establishment of parentage.(3) An alleged fathers constitutional rights to have the issue of parentage decided by a court; to notice of any hearing on the issue of parentage; to have an opportunity to present the alleged fathers case to the court, including the right to present and cross-examine witnesses; to be represented by an attorney; and to have an attorney appointed if the alleged father cannot afford one in a parentage action filed by a local child support agency.(4) That by signing the voluntary declaration of parentage, the father is voluntarily waiving the fathers constitutional rights.(c) Parents shall also be given oral notice of the rights and responsibilities specified in subdivision (b). Oral notice may be accomplished through the use of audio or video recorded programs developed by the Department of Child Support Services to the extent permitted by federal law.(d) The Department of Child Support Services shall, free of charge, make available to hospitals, clinics, and other places of birth any and all written and training materials for the program under this chapter, as well as the declaration of parentage form in both paper and electronic form. The Department of Child Support Services shall make training available to every participating hospital, clinic, local registrar of births and deaths, and other place of birth.(e) The Department of Child Support Services may adopt regulations, including emergency regulations, necessary to implement this chapter. (f) This section shall become operative on January 1, 2024.SEC. 5. Section 7573 of the Family Code is amended to read:7573. (a) The following persons may sign a voluntary declaration of parentage to establish the parentage of the child:(1) An unmarried woman who gave birth to the child and another person who is a genetic parent.(2) A married or unmarried woman who gave birth to the child and another person who is a parent under Section 7613 of a child conceived through assisted reproduction.(b) A voluntary declaration of parentage shall be in a record signed by the woman who gave birth to the child and by either the only possible genetic parent other than the woman who gave birth or the intended parent of a child conceived through assisted reproduction, and the signatures shall be attested by a notary or witnessed.(c) Except as provided by Section 7580, a voluntary declaration of parentage takes effect on the filing of the document with the Department of Child Support Services.(d) Except as provided in Sections 7573.5, 7575, 7576, 7577, and 7580, a completed voluntary declaration of parentage that complies with this chapter and that has been filed with the Department of Child Support Services is equivalent to a judgment of parentage of the child and confers on the declarant all rights and duties of a parent.(e) The court shall give full faith and credit to a voluntary declaration of parentage effective in another state if the declaration was in a signed record and otherwise complies with the law of the other state.(f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.SEC. 6. Section 7573 is added to the Family Code, to read:7573. (a) The following persons may sign a voluntary declaration of parentage to establish the parentage of the child:(1) An unmarried woman who gave birth to the child and another person who is a genetic parent.(2) A married or unmarried woman who gave birth to the child and another person who is a parent under Section 7613 of a child conceived through assisted reproduction.(b) A voluntary declaration of parentage shall be in a record signed by the woman who gave birth to the child and by either the only possible genetic parent other than the woman who gave birth or the intended parent of a child conceived through assisted reproduction, and the signatures shall be attested by a notary or witnessed.(c) Except as provided by Section 7580, a voluntary declaration of parentage takes effect on the filing of the document with the Department of Child Support Services.(d) Except as provided in Sections 7573.5, 7575, 7576, 7577, and 7580, a completed voluntary declaration of parentage that complies with this chapter and that has been filed with the Department of Child Support Services is equivalent to a judgment of parentage of the child and confers on the declarant all rights and duties of a parent.(e) The court shall give full faith and credit to a voluntary declaration of parentage effective in another state if the declaration was in a signed record and otherwise complies with the law of the other state.(f) Notwithstanding any other law, an authorized signatory or witness under this chapter may sign a voluntary declaration of parentage using an electronic signature only if all of the following requirements of the electronic signature are met:(1) It is unique to the person using it.(2) It is capable of independent verification.(3) It is under the sole control of the person using it.(4) It is linked to data in such a manner that makes evident any tampering or subsequent change or modification to the electronic record that has occurred.(5) If the linked data is changed, the electronic signature is invalidated.(g) This section shall become operative on January 1, 2024.SEC. 7. Section 7574 of the Family Code is amended to read:7574. (a) The voluntary declaration of parentage shall be executed on a form developed by the Department of Child Support Services in consultation with the State Department of Public Health and groups addressing child support, child custody, assisted reproduction issues, and lesbian, gay, bisexual, and transgender rights.(b) The form described in subdivision (a) shall contain, at a minimum, all of the following:(1) The name and the signature of the woman who gave birth to the child.(2) The name and the signature of the person seeking to establish parentage.(3) The name of the child.(4) The date of birth of the child.(5) For a voluntary declaration of parentage signed pursuant to paragraph (1) of subdivision (a) of Section 7573, all of the following:(A) A statement by the woman who gave birth that the woman is unmarried and understands the written materials described in Section 7572, that the person who is signing the voluntary declaration of parentage is the only possible genetic parent other than the woman who gave birth, that the woman who gave birth consents to the establishment of parentage by the genetic parent signing the voluntary declaration of parentage, and that the woman who gave birth understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(B) A statement by the person signing the voluntary declaration of parentage that the person has read and understands the written materials described in Section 7572, understands that by signing the voluntary declaration of parentage the person is waiving rights as described in the written materials, that the person is the genetic parent of the child, that the person consents to the establishment of parentage by signing the voluntary declaration of parentage, that the person is assuming all the rights and responsibilities of a parent and wishes to be named on the childs birth certificate, and that the person understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(6) For a voluntary declaration of parentage signed pursuant to paragraph (2) of subdivision (a) of Section 7573, all of the following:(A) A statement by the woman who gave birth that the woman has read and understands the written materials described in Section 7572, that the person who is signing the voluntary declaration of parentage is the intended parent of a child conceived through assisted reproduction, that the woman who gave birth consents to the establishment of parentage by the other person signing the voluntary declaration of parentage, and that the woman who gave birth understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(B) A statement that the person seeking to establish parentage has read and understands the written materials described in Section 7572, understands that by signing the voluntary declaration of parentage the person is waiving rights as described in the written materials, that the person is the intended parent of the child conceived through assisted reproduction, that the person consents to the establishment of parentage by signing the voluntary declaration of parentage, that the person is assuming all the rights and responsibilities of a parent and wishes to be named on the childs birth certificate, and that the person understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(C) The name and the signature of the person who witnesses the signing of the declaration.(c) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.SEC. 8. Section 7574 is added to the Family Code, to read:7574. (a) The voluntary declaration of parentage shall be executed on a form developed by the Department of Child Support Services in consultation with the State Department of Public Health and groups addressing child support, child custody, assisted reproduction issues, and lesbian, gay, bisexual, and transgender rights.(b) The form described in subdivision (a) shall contain, at a minimum, all of the following:(1) The name and the signature of the woman who gave birth to the child.(2) The name and the signature of the person seeking to establish parentage.(3) The name of the child.(4) The date of birth of the child.(5) For a voluntary declaration of parentage signed pursuant to paragraph (1) of subdivision (a) of Section 7573, all of the following:(A) A statement by the woman who gave birth that the woman is unmarried and understands the written materials described in Section 7572, that the person who is signing the voluntary declaration of parentage is the only possible genetic parent other than the woman who gave birth, that the woman who gave birth consents to the establishment of parentage by the genetic parent signing the voluntary declaration of parentage, and that the woman who gave birth understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(B) A statement by the person signing the voluntary declaration of parentage that the person has read and understands the written materials described in Section 7572, understands that by signing the voluntary declaration of parentage the person is waiving rights as described in the written materials, that the person is the genetic parent of the child, that the person consents to the establishment of parentage by signing the voluntary declaration of parentage, that the person is assuming all the rights and responsibilities of a parent and wishes to be named on the childs birth certificate, and that the person understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(6) For a voluntary declaration of parentage signed pursuant to paragraph (2) of subdivision (a) of Section 7573, all of the following:(A) A statement by the woman who gave birth that the woman has read and understands the written materials described in Section 7572, that the person who is signing the voluntary declaration of parentage is the intended parent of a child conceived through assisted reproduction, that the woman who gave birth consents to the establishment of parentage by the other person signing the voluntary declaration of parentage, and that the woman who gave birth understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(B) A statement that the person seeking to establish parentage has read and understands the written materials described in Section 7572, understands that by signing the voluntary declaration of parentage the person is waiving rights as described in the written materials, that the person is the intended parent of the child conceived through assisted reproduction, that the person consents to the establishment of parentage by signing the voluntary declaration of parentage, that the person is assuming all the rights and responsibilities of a parent and wishes to be named on the childs birth certificate, and that the person understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(C) The name and the signature of the person who witnesses the signing of the declaration. (c) The Department of Child Support Services shall make the declaration of parentage form described in subdivision (a) available as both a paper and an electronic version. The electronic version may include functionality that allows data to be electronically transmitted to the Department of Child Support Services and electronically delivered to the signatories and local child support agency in lieu of mailing or delivering a paper form.(d) This section shall become operative on January 1, 2024. |
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| 1 | + | Amended IN Senate May 16, 2022 Amended IN Assembly March 11, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1926Introduced by Assembly Member ChoiFebruary 09, 2022 An act to amend, repeal, and add Sections 7571, 7572, 7573, and 7574 of the Family Code, relating to parentage. LEGISLATIVE COUNSEL'S DIGESTAB 1926, as amended, Choi. Voluntary declaration of parentage.Existing law establishes the Department of Child Support Services within the California Health and Human Services Agency and requires the department to administer all services and perform all functions necessary to establish, collect, and distribute child support.Existing law requires a person responsible for registering live births to provide a voluntary declaration of parentage and specified written materials to a woman giving birth and to attempt to provide to the person identified by the woman giving birth as either the only possible genetic parent other than the woman who gave birth or the intended parent of a child conceived through assisted reproduction. Existing law also requires the department to develop a form to execute the voluntary declaration of parentage.This bill would require the department to make the above-described form available as both a paper and an electronic version, as specified.Existing law requires a voluntary declaration of parentage to be in a record signed by the woman who gave birth to the child and by either the only possible genetic parent other than the woman who gave birth or the intended parent of a child conceived through assisted reproduction, and requires the signatures to be attested by a notary or witnessed.This bill would authorize a signatory or witness to sign a voluntary declaration of parentage using an electronic signature if certain requirements are met, including that the electronic signature is unique to the person using it and it is capable of independent verification.The bill would delay the operation of the above-described provisions until January 1, 2024.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 7571 of the Family Code is amended to read:7571. (a) On and after January 1, 1995, upon the event of a live birth, prior to an unmarried mother or a mother who gave birth to a child conceived through assisted reproduction leaving a hospital, the person responsible for registering live births under Section 102405 of the Health and Safety Code shall provide to the woman giving birth and shall attempt to provide, at the place of birth, to the person identified by the woman giving birth as either the only possible genetic parent other than the woman who gave birth or the intended parent of a child conceived through assisted reproduction, a voluntary declaration of parentage together with the written materials described in Section 7572. Staff in the hospital shall witness the signatures of parents signing a voluntary declaration of parentage and shall forward the signed declaration to the Department of Child Support Services within 20 days of the date the declaration was signed. A copy of the declaration shall be made available to each of the attesting parents.(b) A health care provider shall not be subject to civil, criminal, or administrative liability for a negligent act or omission relative to the accuracy of the information provided, or for filing the declaration with the appropriate state or local agencies.(c) The local child support agency shall pay the sum of ten dollars ($10) to birthing hospitals and other entities that provide prenatal services for each completed declaration of parentage that is filed with the Department of Child Support Services, provided that the local child support agency and the hospital or other entity providing prenatal services has entered into a written agreement that specifies the terms and conditions for the payment as required by federal law.(d) If the declaration is not registered by the person responsible for registering live births at the hospital, it may be completed by the attesting parents, notarized, and mailed to the Department of Child Support Services at any time after the childs birth.(e) Prenatal clinics shall offer prospective parents the opportunity to sign a voluntary declaration of parentage. In order to be paid for their services as provided in subdivision (c), prenatal clinics must ensure that the form is witnessed and forwarded to the Department of Child Support Services within 20 days of the date the declaration was signed.(f) Declarations shall be made available without charge at all local child support agency offices, offices of local registrars of births and deaths, courts, and county welfare departments within this state. Staff in these offices shall witness the signatures of parents wishing to sign a voluntary declaration of parentage and shall be responsible for forwarding the signed declaration to the Department of Child Support Services within 20 days of the date the declaration was signed.(g) The Department of Child Support Services, at its option, may pay the sum of ten dollars ($10) to local registrars of births and deaths, county welfare departments, or courts for each completed declaration of parentage that is witnessed by staff in these offices and filed with the Department of Child Support Services. In order to receive payment, the Department of Child Support Services and the entity shall enter into a written agreement that specifies the terms and conditions for payment as required by federal law. The Department of Child Support Services shall study the effect of the ten-dollar ($10) payment on obtaining completed voluntary declaration of parentage forms.(h) The Department of Child Support Services and local child support agencies shall publicize the availability of the declarations. The local child support agency shall make the declaration, together with the written materials described in subdivision (a) of Section 7572, available upon request to any parent and any agency or organization that is required to offer parents the opportunity to sign a voluntary declaration of parentage. The local child support agency shall also provide qualified staff to answer parents questions regarding the declaration and the process of establishing parentage.(i) Copies of the declaration and any rescissions filed with the Department of Child Support Services shall be made available only to the parents, the child, the local child support agency, the county welfare department, the county counsel, the State Department of Public Health, and the courts.(j) Publicly funded or licensed health clinics, pediatric offices, Head Start programs, childcare centers, social services providers, prisons, and schools may offer parents the opportunity to sign a voluntary declaration of parentage. In order to be paid for their services as provided in subdivision (c), publicly funded or licensed health clinics, pediatric offices, Head Start programs, childcare centers, social services providers, prisons, and schools shall ensure that the form is witnessed and forwarded to the Department of Child Support Services.(k) An agency or organization required to offer parents the opportunity to sign a voluntary declaration of parentage shall also identify parents who are willing to sign, but were unavailable when the child was born. The organization shall then contact these parents within 10 days and again offer the parent the opportunity to sign a voluntary declaration of parentage.(l) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.SEC. 2. Section 7571 is added to the Family Code, to read:7571. (a) On and after January 1, 1995, upon the event of a live birth, prior to an unmarried mother or a mother who gave birth to a child conceived through assisted reproduction leaving a hospital, the person responsible for registering live births under Section 102405 of the Health and Safety Code shall provide to the woman giving birth and shall attempt to provide, at the place of birth, to the person identified by the woman giving birth as either the only possible genetic parent other than the woman who gave birth or the intended parent of a child conceived through assisted reproduction, a voluntary declaration of parentage together with the written materials described in Section 7572. Staff in the hospital shall witness the signatures of parents signing a voluntary declaration of parentage and shall forward the signed declaration to the Department of Child Support Services within 20 days of the date the declaration was signed. A printed or electronic copy of the declaration shall be made available to each of the attesting parents.(b) A health care provider shall not be subject to civil, criminal, or administrative liability for a negligent act or omission relative to the accuracy of the information provided, or for filing the declaration with the appropriate state or local agencies.(c) The local child support agency shall pay the sum of ten dollars ($10) to birthing hospitals and other entities that provide prenatal services for each completed declaration of parentage that is filed with the Department of Child Support Services, provided that the local child support agency and the hospital or other entity providing prenatal services has entered into a written agreement that specifies the terms and conditions for the payment as required by federal law.(d) If the declaration is not registered by the person responsible for registering live births at the hospital, it may be completed by the attesting parents, notarized, and mailed to the Department of Child Support Services at any time after the childs birth.(e) Prenatal clinics shall offer prospective parents the opportunity to sign a voluntary declaration of parentage. In order to be paid for their services as provided in subdivision (c), prenatal clinics must ensure that the form is witnessed and forwarded to the Department of Child Support Services within 20 days of the date the declaration was signed.(f) Declarations shall be made available without charge at all local child support agency offices, offices of local registrars of births and deaths, courts, and county welfare departments within this state. Staff in these offices shall witness the signatures of parents wishing to sign a voluntary declaration of parentage and shall be responsible for forwarding the signed declaration to the Department of Child Support Services within 20 days of the date the declaration was signed.(g) The Department of Child Support Services, at its option, may pay the sum of ten dollars ($10) to local registrars of births and deaths, county welfare departments, or courts for each completed declaration of parentage that is witnessed by staff in these offices and filed with the Department of Child Support Services. In order to receive payment, the Department of Child Support Services and the entity shall enter into a written agreement that specifies the terms and conditions for payment as required by federal law. The Department of Child Support Services shall study the effect of the ten-dollar ($10) payment on obtaining completed voluntary declaration of parentage forms.(h) The Department of Child Support Services and local child support agencies shall publicize the availability of the declarations. The local child support agency shall make the declaration, together with the written materials described in subdivision (a) of Section 7572, available upon request to any parent and any agency or organization that is required to offer parents the opportunity to sign a voluntary declaration of parentage. The local child support agency shall also provide qualified staff to answer parents questions regarding the declaration and the process of establishing parentage.(i) Copies of the declaration and any rescissions filed with the Department of Child Support Services shall be made available only to the parents, the child, the local child support agency, the county welfare department, the county counsel, the State Department of Public Health, and the courts.(j) Publicly funded or licensed health clinics, pediatric offices, Head Start programs, childcare centers, social services providers, prisons, and schools may offer parents the opportunity to sign a voluntary declaration of parentage. In order to be paid for their services as provided in subdivision (c), publicly funded or licensed health clinics, pediatric offices, Head Start programs, childcare centers, social services providers, prisons, and schools shall ensure that the form is witnessed and forwarded to the Department of Child Support Services within 20 days of the date the declaration was signed.(k) An agency or organization required to offer parents the opportunity to sign a voluntary declaration of parentage shall also identify parents who are willing to sign, but were unavailable when the child was born. The organization shall then contact these parents within 10 days and again offer the parent the opportunity to sign a voluntary declaration of parentage.(l) This section shall become operative on January 1, 2024.SEC. 3. Section 7572 of the Family Code is amended to read:7572. (a) The Department of Child Support Services, in consultation with the State Department of Health Care Services, the California Association of Hospitals and Health Systems, the Child Support Directors Association of California, the California Hospital Association, and other affected health provider organizations, shall work cooperatively to develop written materials to assist providers and parents in complying with this chapter. This written material shall be updated periodically by the Department of Child Support Services to reflect changes in law, procedures, or public need.(b) The written materials for unmarried parents or parents of a child conceived through assisted reproduction that shall be attached to the form specified in Section 7574 shall contain the following information:(1) A signed voluntary declaration of parentage that is filed with the Department of Child Support Services legally establishes parentage.(2) The legal rights and obligations of both parents and the child that result from the establishment of parentage.(3) An alleged fathers constitutional rights to have the issue of parentage decided by a court; to notice of any hearing on the issue of parentage; to have an opportunity to present the alleged fathers case to the court, including the right to present and cross-examine witnesses; to be represented by an attorney; and to have an attorney appointed if the alleged father cannot afford one in a parentage action filed by a local child support agency.(4) That by signing the voluntary declaration of parentage, the father is voluntarily waiving the fathers constitutional rights.(c) Parents shall also be given oral notice of the rights and responsibilities specified in subdivision (b). Oral notice may be accomplished through the use of audio or video recorded programs developed by the Department of Child Support Services to the extent permitted by federal law.(d) The Department of Child Support Services shall, free of charge, make available to hospitals, clinics, and other places of birth any and all informational and training materials for the program under this chapter, as well as the declaration of parentage form. The Department of Child Support Services shall make training available to every participating hospital, clinic, local registrar of births and deaths, and other place of birth.(e) The Department of Child Support Services may adopt regulations, including emergency regulations, necessary to implement this chapter.(f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.SEC. 4. Section 7572 is added to the Family Code, to read:7572. (a) The Department of Child Support Services, in consultation with the State Department of Health Care Services, the California Association of Hospitals and Health Systems, the Child Support Directors Association of California, the California Hospital Association, and other affected health provider organizations, shall work cooperatively to develop written materials to assist providers and parents in complying with this chapter. These written materials shall be updated periodically by the Department of Child Support Services to reflect changes in law, procedures, or public need.(b) The written materials for unmarried parents or parents of a child conceived through assisted reproduction that shall be attached to the form specified in Section 7574 shall contain the following information:(1) A signed voluntary declaration of parentage that is filed with the Department of Child Support Services legally establishes parentage.(2) The legal rights and obligations of both parents and the child that result from the establishment of parentage.(3) An alleged fathers constitutional rights to have the issue of parentage decided by a court; to notice of any hearing on the issue of parentage; to have an opportunity to present the alleged fathers case to the court, including the right to present and cross-examine witnesses; to be represented by an attorney; and to have an attorney appointed if the alleged father cannot afford one in a parentage action filed by a local child support agency.(4) That by signing the voluntary declaration of parentage, the father is voluntarily waiving the fathers constitutional rights.(c) Parents shall also be given oral notice of the rights and responsibilities specified in subdivision (b). Oral notice may be accomplished through the use of audio or video recorded programs developed by the Department of Child Support Services to the extent permitted by federal law.(d) The Department of Child Support Services shall, free of charge, make available to hospitals, clinics, and other places of birth any and all written and training materials for the program under this chapter, as well as the declaration of parentage form in both paper and electronic form. The Department of Child Support Services shall make training available to every participating hospital, clinic, local registrar of births and deaths, and other place of birth.(e) The Department of Child Support Services may adopt regulations, including emergency regulations, necessary to implement this chapter. (f) This section shall become operative on January 1, 2024.SEC. 5. Section 7573 of the Family Code is amended to read:7573. (a) The following persons may sign a voluntary declaration of parentage to establish the parentage of the child:(1) An unmarried woman who gave birth to the child and another person who is a genetic parent.(2) A married or unmarried woman who gave birth to the child and another person who is a parent under Section 7613 of a child conceived through assisted reproduction.(b) A voluntary declaration of parentage shall be in a record signed by the woman who gave birth to the child and by either the only possible genetic parent other than the woman who gave birth or the intended parent of a child conceived through assisted reproduction, and the signatures shall be attested by a notary or witnessed.(c) Except as provided by Section 7580, a voluntary declaration of parentage takes effect on the filing of the document with the Department of Child Support Services.(d) Except as provided in Sections 7573.5, 7575, 7576, 7577, and 7580, a completed voluntary declaration of parentage that complies with this chapter and that has been filed with the Department of Child Support Services is equivalent to a judgment of parentage of the child and confers on the declarant all rights and duties of a parent.(e) The court shall give full faith and credit to a voluntary declaration of parentage effective in another state if the declaration was in a signed record and otherwise complies with the law of the other state.(f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.SEC. 6. Section 7573 is added to the Family Code, to read:7573. (a) The following persons may sign a voluntary declaration of parentage to establish the parentage of the child:(1) An unmarried woman who gave birth to the child and another person who is a genetic parent.(2) A married or unmarried woman who gave birth to the child and another person who is a parent under Section 7613 of a child conceived through assisted reproduction.(b) A voluntary declaration of parentage shall be in a record signed by the woman who gave birth to the child and by either the only possible genetic parent other than the woman who gave birth or the intended parent of a child conceived through assisted reproduction, and the signatures shall be attested by a notary or witnessed.(c) Except as provided by Section 7580, a voluntary declaration of parentage takes effect on the filing of the document with the Department of Child Support Services.(d) Except as provided in Sections 7573.5, 7575, 7576, 7577, and 7580, a completed voluntary declaration of parentage that complies with this chapter and that has been filed with the Department of Child Support Services is equivalent to a judgment of parentage of the child and confers on the declarant all rights and duties of a parent.(e) The court shall give full faith and credit to a voluntary declaration of parentage effective in another state if the declaration was in a signed record and otherwise complies with the law of the other state.(f) Notwithstanding any other law, an authorized signatory or witness under this chapter may sign a voluntary declaration of parentage using an electronic signature only if all of the following requirements of the electronic signature are met:(1) It is unique to the person using it.(2) It is capable of independent verification.(3) It is under the sole control of the person using it.(4) It is linked to data in such a manner that makes evident any tampering or subsequent change or modification to the electronic record that has occurred.(5) If the linked data is changed, the electronic signature is invalidated.(g) This section shall become operative on January 1, 2024.SEC. 7. Section 7574 of the Family Code is amended to read:7574. (a) The voluntary declaration of parentage shall be executed on a form developed by the Department of Child Support Services in consultation with the State Department of Public Health and groups addressing child support, child custody, assisted reproduction issues, and lesbian, gay, bisexual, and transgender rights.(b) The form described in subdivision (a) shall contain, at a minimum, all of the following:(1) The name and the signature of the woman who gave birth to the child.(2) The name and the signature of the person seeking to establish parentage.(3) The name of the child.(4) The date of birth of the child.(5) For a voluntary declaration of parentage signed pursuant to paragraph (1) of subdivision (a) of Section 7573, all of the following:(A) A statement by the woman who gave birth that the woman is unmarried and understands the written materials described in Section 7572, that the person who is signing the voluntary declaration of parentage is the only possible genetic parent other than the woman who gave birth, that the woman who gave birth consents to the establishment of parentage by the genetic parent signing the voluntary declaration of parentage, and that the woman who gave birth understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(B) A statement by the person signing the voluntary declaration of parentage that the person has read and understands the written materials described in Section 7572, understands that by signing the voluntary declaration of parentage the person is waiving rights as described in the written materials, that the person is the genetic parent of the child, that the person consents to the establishment of parentage by signing the voluntary declaration of parentage, that the person is assuming all the rights and responsibilities of a parent and wishes to be named on the childs birth certificate, and that the person understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(6) For a voluntary declaration of parentage signed pursuant to paragraph (2) of subdivision (a) of Section 7573, all of the following:(A) A statement by the woman who gave birth that the woman has read and understands the written materials described in Section 7572, that the person who is signing the voluntary declaration of parentage is the intended parent of a child conceived through assisted reproduction, that the woman who gave birth consents to the establishment of parentage by the other person signing the voluntary declaration of parentage, and that the woman who gave birth understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(B) A statement that the person seeking to establish parentage has read and understands the written materials described in Section 7572, understands that by signing the voluntary declaration of parentage the person is waiving rights as described in the written materials, that the person is the intended parent of the child conceived through assisted reproduction, that the person consents to the establishment of parentage by signing the voluntary declaration of parentage, that the person is assuming all the rights and responsibilities of a parent and wishes to be named on the childs birth certificate, and that the person understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(C) The name and the signature of the person who witnesses the signing of the declaration.(c) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.SEC. 8. Section 7574 is added to the Family Code, to read:7574. (a) The voluntary declaration of parentage shall be executed on a form developed by the Department of Child Support Services in consultation with the State Department of Public Health and groups addressing child support, child custody, assisted reproduction issues, and lesbian, gay, bisexual, and transgender rights.(b) The form described in subdivision (a) shall contain, at a minimum, all of the following:(1) The name and the signature of the woman who gave birth to the child.(2) The name and the signature of the person seeking to establish parentage.(3) The name of the child.(4) The date of birth of the child.(5) For a voluntary declaration of parentage signed pursuant to paragraph (1) of subdivision (a) of Section 7573, all of the following:(A) A statement by the woman who gave birth that the woman is unmarried and understands the written materials described in Section 7572, that the person who is signing the voluntary declaration of parentage is the only possible genetic parent other than the woman who gave birth, that the woman who gave birth consents to the establishment of parentage by the genetic parent signing the voluntary declaration of parentage, and that the woman who gave birth understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(B) A statement by the person signing the voluntary declaration of parentage that the person has read and understands the written materials described in Section 7572, understands that by signing the voluntary declaration of parentage the person is waiving rights as described in the written materials, that the person is the genetic parent of the child, that the person consents to the establishment of parentage by signing the voluntary declaration of parentage, that the person is assuming all the rights and responsibilities of a parent and wishes to be named on the childs birth certificate, and that the person understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(6) For a voluntary declaration of parentage signed pursuant to paragraph (2) of subdivision (a) of Section 7573, all of the following:(A) A statement by the woman who gave birth that the woman has read and understands the written materials described in Section 7572, that the person who is signing the voluntary declaration of parentage is the intended parent of a child conceived through assisted reproduction, that the woman who gave birth consents to the establishment of parentage by the other person signing the voluntary declaration of parentage, and that the woman who gave birth understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(B) A statement that the person seeking to establish parentage has read and understands the written materials described in Section 7572, understands that by signing the voluntary declaration of parentage the person is waiving rights as described in the written materials, that the person is the intended parent of the child conceived through assisted reproduction, that the person consents to the establishment of parentage by signing the voluntary declaration of parentage, that the person is assuming all the rights and responsibilities of a parent and wishes to be named on the childs birth certificate, and that the person understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(C) The name and the signature of the person who witnesses the signing of the declaration. (c) The Department of Child Support Services shall make the declaration of parentage form described in subdivision (a) available as both a paper and an electronic version. The electronic version may include functionality that allows data to be electronically transmitted to the Department of Child Support Services and electronically delivered to the signatories and local child support agency in lieu of mailing or delivering a paper form.(d) This section shall become operative on January 1, 2024. |
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| 50 | | - | The people of the State of California do enact as follows:SECTION 1. Section 7571 of the Family Code is amended to read:7571. (a) On and after January 1, 1995, upon the event of a live birth, prior to an unmarried mother or a mother who gave birth to a child conceived through assisted reproduction leaving a hospital, the person responsible for registering live births under Section 102405 of the Health and Safety Code shall provide to the woman giving birth and shall attempt to provide, at the place of birth, to the person identified by the woman giving birth as either the only possible genetic parent other than the woman who gave birth or the intended parent of a child conceived through assisted reproduction, a voluntary declaration of parentage together with the written materials described in Section 7572. Staff in the hospital shall witness the signatures of parents signing a voluntary declaration of parentage and shall forward the signed declaration to the Department of Child Support Services within 20 days of the date the declaration was signed. A copy of the declaration shall be made available to each of the attesting parents.(b) A health care provider shall not be subject to civil, criminal, or administrative liability for a negligent act or omission relative to the accuracy of the information provided, or for filing the declaration with the appropriate state or local agencies.(c) The local child support agency shall pay the sum of ten dollars ($10) to birthing hospitals and other entities that provide prenatal services for each completed declaration of parentage that is filed with the Department of Child Support Services, provided that the local child support agency and the hospital or other entity providing prenatal services has entered into a written agreement that specifies the terms and conditions for the payment as required by federal law.(d) If the declaration is not registered by the person responsible for registering live births at the hospital, it may be completed by the attesting parents, notarized, and mailed to the Department of Child Support Services at any time after the childs birth.(e) Prenatal clinics shall offer prospective parents the opportunity to sign a voluntary declaration of parentage. In order to be paid for their services as provided in subdivision (c), prenatal clinics must ensure that the form is witnessed and forwarded to the Department of Child Support Services within 20 days of the date the declaration was signed.(f) Declarations shall be made available without charge at all local child support agency offices, offices of local registrars of births and deaths, courts, and county welfare departments within this state. Staff in these offices shall witness the signatures of parents wishing to sign a voluntary declaration of parentage and shall be responsible for forwarding the signed declaration to the Department of Child Support Services within 20 days of the date the declaration was signed.(g) The Department of Child Support Services, at its option, may pay the sum of ten dollars ($10) to local registrars of births and deaths, county welfare departments, or courts for each completed declaration of parentage that is witnessed by staff in these offices and filed with the Department of Child Support Services. In order to receive payment, the Department of Child Support Services and the entity shall enter into a written agreement that specifies the terms and conditions for payment as required by federal law. The Department of Child Support Services shall study the effect of the ten-dollar ($10) payment on obtaining completed voluntary declaration of parentage forms.(h) The Department of Child Support Services and local child support agencies shall publicize the availability of the declarations. The local child support agency shall make the declaration, together with the written materials described in subdivision (a) of Section 7572, available upon request to any parent and any agency or organization that is required to offer parents the opportunity to sign a voluntary declaration of parentage. The local child support agency shall also provide qualified staff to answer parents questions regarding the declaration and the process of establishing parentage.(i) Copies of the declaration and any rescissions filed with the Department of Child Support Services shall be made available only to the parents, the child, the local child support agency, the county welfare department, the county counsel, the State Department of Public Health, and the courts.(j) Publicly funded or licensed health clinics, pediatric offices, Head Start programs, childcare centers, social services providers, prisons, and schools may offer parents the opportunity to sign a voluntary declaration of parentage. In order to be paid for their services as provided in subdivision (c), publicly funded or licensed health clinics, pediatric offices, Head Start programs, childcare centers, social services providers, prisons, and schools shall ensure that the form is witnessed and forwarded to the Department of Child Support Services.(k) An agency or organization required to offer parents the opportunity to sign a voluntary declaration of parentage shall also identify parents who are willing to sign, but were unavailable when the child was born. The organization shall then contact these parents within 10 days and again offer the parent the opportunity to sign a voluntary declaration of parentage.(l) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.SEC. 2. Section 7571 is added to the Family Code, to read:7571. (a) On and after January 1, 1995, upon the event of a live birth, prior to an unmarried mother or a mother who gave birth to a child conceived through assisted reproduction leaving a hospital, the person responsible for registering live births under Section 102405 of the Health and Safety Code shall provide to the woman giving birth and shall attempt to provide, at the place of birth, to the person identified by the woman giving birth as either the only possible genetic parent other than the woman who gave birth or the intended parent of a child conceived through assisted reproduction, a voluntary declaration of parentage together with the written materials described in Section 7572. Staff in the hospital shall witness the signatures of parents signing a voluntary declaration of parentage and shall forward the signed declaration to the Department of Child Support Services within 20 days of the date the declaration was signed. A printed or electronic copy of the declaration shall be made available to each of the attesting parents.(b) A health care provider shall not be subject to civil, criminal, or administrative liability for a negligent act or omission relative to the accuracy of the information provided, or for filing the declaration with the appropriate state or local agencies.(c) The local child support agency shall pay the sum of ten dollars ($10) to birthing hospitals and other entities that provide prenatal services for each completed declaration of parentage that is filed with the Department of Child Support Services, provided that the local child support agency and the hospital or other entity providing prenatal services has entered into a written agreement that specifies the terms and conditions for the payment as required by federal law.(d) If the declaration is not registered by the person responsible for registering live births at the hospital, it may be completed by the attesting parents, notarized, and mailed to the Department of Child Support Services at any time after the childs birth.(e) Prenatal clinics shall offer prospective parents the opportunity to sign a voluntary declaration of parentage. In order to be paid for their services as provided in subdivision (c), prenatal clinics must ensure that the form is witnessed and forwarded to the Department of Child Support Services within 20 days of the date the declaration was signed.(f) Declarations shall be made available without charge at all local child support agency offices, offices of local registrars of births and deaths, courts, and county welfare departments within this state. Staff in these offices shall witness the signatures of parents wishing to sign a voluntary declaration of parentage and shall be responsible for forwarding the signed declaration to the Department of Child Support Services within 20 days of the date the declaration was signed.(g) The Department of Child Support Services, at its option, may pay the sum of ten dollars ($10) to local registrars of births and deaths, county welfare departments, or courts for each completed declaration of parentage that is witnessed by staff in these offices and filed with the Department of Child Support Services. In order to receive payment, the Department of Child Support Services and the entity shall enter into a written agreement that specifies the terms and conditions for payment as required by federal law. The Department of Child Support Services shall study the effect of the ten-dollar ($10) payment on obtaining completed voluntary declaration of parentage forms.(h) The Department of Child Support Services and local child support agencies shall publicize the availability of the declarations. The local child support agency shall make the declaration, together with the written materials described in subdivision (a) of Section 7572, available upon request to any parent and any agency or organization that is required to offer parents the opportunity to sign a voluntary declaration of parentage. The local child support agency shall also provide qualified staff to answer parents questions regarding the declaration and the process of establishing parentage.(i) Copies of the declaration and any rescissions filed with the Department of Child Support Services shall be made available only to the parents, the child, the local child support agency, the county welfare department, the county counsel, the State Department of Public Health, and the courts.(j) Publicly funded or licensed health clinics, pediatric offices, Head Start programs, childcare centers, social services providers, prisons, and schools may offer parents the opportunity to sign a voluntary declaration of parentage. In order to be paid for their services as provided in subdivision (c), publicly funded or licensed health clinics, pediatric offices, Head Start programs, childcare centers, social services providers, prisons, and schools shall ensure that the form is witnessed and forwarded to the Department of Child Support Services within 20 days of the date the declaration was signed.(k) An agency or organization required to offer parents the opportunity to sign a voluntary declaration of parentage shall also identify parents who are willing to sign, but were unavailable when the child was born. The organization shall then contact these parents within 10 days and again offer the parent the opportunity to sign a voluntary declaration of parentage.(l) This section shall become operative on January 1, 2024.SEC. 3. Section 7572 of the Family Code is amended to read:7572. (a) The Department of Child Support Services, in consultation with the State Department of Health Care Services, the Child Support Directors Association of California, the California Hospital Association, and other affected health provider organizations, shall work cooperatively to develop written materials to assist providers and parents in complying with this chapter. This written material shall be updated periodically by the Department of Child Support Services to reflect changes in law, procedures, or public need.(b) The written materials for unmarried parents or parents of a child conceived through assisted reproduction that shall be attached to the form specified in Section 7574 shall contain the following information:(1) A signed voluntary declaration of parentage that is filed with the Department of Child Support Services legally establishes parentage.(2) The legal rights and obligations of both parents and the child that result from the establishment of parentage.(3) An alleged fathers constitutional rights to have the issue of parentage decided by a court; to notice of any hearing on the issue of parentage; to have an opportunity to present the alleged fathers case to the court, including the right to present and cross-examine witnesses; to be represented by an attorney; and to have an attorney appointed if the alleged father cannot afford one in a parentage action filed by a local child support agency.(4) That by signing the voluntary declaration of parentage, the father is voluntarily waiving the fathers constitutional rights.(c) Parents shall also be given oral notice of the rights and responsibilities specified in subdivision (b). Oral notice may be accomplished through the use of audio or video recorded programs developed by the Department of Child Support Services to the extent permitted by federal law.(d) The Department of Child Support Services shall, free of charge, make available to hospitals, clinics, and other places of birth any and all informational and training materials for the program under this chapter, as well as the declaration of parentage form. The Department of Child Support Services shall make training available to every participating hospital, clinic, local registrar of births and deaths, and other place of birth.(e) The Department of Child Support Services may adopt regulations, including emergency regulations, necessary to implement this chapter.(f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.SEC. 4. Section 7572 is added to the Family Code, to read:7572. (a) The Department of Child Support Services, in consultation with the State Department of Health Care Services, the Child Support Directors Association of California, the California Hospital Association, and other affected health provider organizations, shall work cooperatively to develop written materials to assist providers and parents in complying with this chapter. These written materials shall be updated periodically by the Department of Child Support Services to reflect changes in law, procedures, or public need.(b) The written materials for unmarried parents or parents of a child conceived through assisted reproduction that shall be attached to the form specified in Section 7574 shall contain the following information:(1) A signed voluntary declaration of parentage that is filed with the Department of Child Support Services legally establishes parentage.(2) The legal rights and obligations of both parents and the child that result from the establishment of parentage.(3) An alleged fathers constitutional rights to have the issue of parentage decided by a court; to notice of any hearing on the issue of parentage; to have an opportunity to present the alleged fathers case to the court, including the right to present and cross-examine witnesses; to be represented by an attorney; and to have an attorney appointed if the alleged father cannot afford one in a parentage action filed by a local child support agency.(4) That by signing the voluntary declaration of parentage, the father is voluntarily waiving the fathers constitutional rights.(c) Parents shall also be given oral notice of the rights and responsibilities specified in subdivision (b). Oral notice may be accomplished through the use of audio or video recorded programs developed by the Department of Child Support Services to the extent permitted by federal law.(d) The Department of Child Support Services shall, free of charge, make available to hospitals, clinics, and other places of birth any and all written and training materials for the program under this chapter, as well as the declaration of parentage form in both paper and electronic form. The Department of Child Support Services shall make training available to every participating hospital, clinic, local registrar of births and deaths, and other place of birth.(e) The Department of Child Support Services may adopt regulations, including emergency regulations, necessary to implement this chapter. (f) This section shall become operative on January 1, 2024.SEC. 5. Section 7573 of the Family Code is amended to read:7573. (a) The following persons may sign a voluntary declaration of parentage to establish the parentage of the child:(1) An unmarried woman who gave birth to the child and another person who is a genetic parent.(2) A married or unmarried woman who gave birth to the child and another person who is a parent under Section 7613 of a child conceived through assisted reproduction.(b) A voluntary declaration of parentage shall be in a record signed by the woman who gave birth to the child and by either the only possible genetic parent other than the woman who gave birth or the intended parent of a child conceived through assisted reproduction, and the signatures shall be attested by a notary or witnessed.(c) Except as provided by Section 7580, a voluntary declaration of parentage takes effect on the filing of the document with the Department of Child Support Services.(d) Except as provided in Sections 7573.5, 7575, 7576, 7577, and 7580, a completed voluntary declaration of parentage that complies with this chapter and that has been filed with the Department of Child Support Services is equivalent to a judgment of parentage of the child and confers on the declarant all rights and duties of a parent.(e) The court shall give full faith and credit to a voluntary declaration of parentage effective in another state if the declaration was in a signed record and otherwise complies with the law of the other state.(f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.SEC. 6. Section 7573 is added to the Family Code, to read:7573. (a) The following persons may sign a voluntary declaration of parentage to establish the parentage of the child:(1) An unmarried woman who gave birth to the child and another person who is a genetic parent.(2) A married or unmarried woman who gave birth to the child and another person who is a parent under Section 7613 of a child conceived through assisted reproduction.(b) A voluntary declaration of parentage shall be in a record signed by the woman who gave birth to the child and by either the only possible genetic parent other than the woman who gave birth or the intended parent of a child conceived through assisted reproduction, and the signatures shall be attested by a notary or witnessed.(c) Except as provided by Section 7580, a voluntary declaration of parentage takes effect on the filing of the document with the Department of Child Support Services.(d) Except as provided in Sections 7573.5, 7575, 7576, 7577, and 7580, a completed voluntary declaration of parentage that complies with this chapter and that has been filed with the Department of Child Support Services is equivalent to a judgment of parentage of the child and confers on the declarant all rights and duties of a parent.(e) The court shall give full faith and credit to a voluntary declaration of parentage effective in another state if the declaration was in a signed record and otherwise complies with the law of the other state.(f) Notwithstanding any other law, an authorized signatory or witness under this chapter may sign a voluntary declaration of parentage using an electronic signature only if all of the following requirements of the electronic signature are met:(1) It is unique to the person using it.(2) It is capable of independent verification.(3) It is under the sole control of the person using it.(4) It is linked to data in such a manner that makes evident any tampering or subsequent change or modification to the electronic record that has occurred.(5) If the linked data is changed, the electronic signature is invalidated.(g) This section shall become operative on January 1, 2024.SEC. 7. Section 7574 of the Family Code is amended to read:7574. (a) The voluntary declaration of parentage shall be executed on a form developed by the Department of Child Support Services in consultation with the State Department of Public Health and groups addressing child support, child custody, assisted reproduction issues, and lesbian, gay, bisexual, and transgender rights.(b) The form described in subdivision (a) shall contain, at a minimum, all of the following:(1) The name and the signature of the woman who gave birth to the child.(2) The name and the signature of the person seeking to establish parentage.(3) The name of the child.(4) The date of birth of the child.(5) For a voluntary declaration of parentage signed pursuant to paragraph (1) of subdivision (a) of Section 7573, all of the following:(A) A statement by the woman who gave birth that the woman is unmarried and understands the written materials described in Section 7572, that the person who is signing the voluntary declaration of parentage is the only possible genetic parent other than the woman who gave birth, that the woman who gave birth consents to the establishment of parentage by the genetic parent signing the voluntary declaration of parentage, and that the woman who gave birth understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(B) A statement by the person signing the voluntary declaration of parentage that the person has read and understands the written materials described in Section 7572, understands that by signing the voluntary declaration of parentage the person is waiving rights as described in the written materials, that the person is the genetic parent of the child, that the person consents to the establishment of parentage by signing the voluntary declaration of parentage, that the person is assuming all the rights and responsibilities of a parent and wishes to be named on the childs birth certificate, and that the person understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(6) For a voluntary declaration of parentage signed pursuant to paragraph (2) of subdivision (a) of Section 7573, all of the following:(A) A statement by the woman who gave birth that the woman has read and understands the written materials described in Section 7572, that the person who is signing the voluntary declaration of parentage is the intended parent of a child conceived through assisted reproduction, that the woman who gave birth consents to the establishment of parentage by the other person signing the voluntary declaration of parentage, and that the woman who gave birth understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(B) A statement that the person seeking to establish parentage has read and understands the written materials described in Section 7572, understands that by signing the voluntary declaration of parentage the person is waiving rights as described in the written materials, that the person is the intended parent of the child conceived through assisted reproduction, that the person consents to the establishment of parentage by signing the voluntary declaration of parentage, that the person is assuming all the rights and responsibilities of a parent and wishes to be named on the childs birth certificate, and that the person understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(C) The name and the signature of the person who witnesses the signing of the declaration.(c) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.SEC. 8. Section 7574 is added to the Family Code, to read:7574. (a) The voluntary declaration of parentage shall be executed on a form developed by the Department of Child Support Services in consultation with the State Department of Public Health and groups addressing child support, child custody, assisted reproduction issues, and lesbian, gay, bisexual, and transgender rights.(b) The form described in subdivision (a) shall contain, at a minimum, all of the following:(1) The name and the signature of the woman who gave birth to the child.(2) The name and the signature of the person seeking to establish parentage.(3) The name of the child.(4) The date of birth of the child.(5) For a voluntary declaration of parentage signed pursuant to paragraph (1) of subdivision (a) of Section 7573, all of the following:(A) A statement by the woman who gave birth that the woman is unmarried and understands the written materials described in Section 7572, that the person who is signing the voluntary declaration of parentage is the only possible genetic parent other than the woman who gave birth, that the woman who gave birth consents to the establishment of parentage by the genetic parent signing the voluntary declaration of parentage, and that the woman who gave birth understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(B) A statement by the person signing the voluntary declaration of parentage that the person has read and understands the written materials described in Section 7572, understands that by signing the voluntary declaration of parentage the person is waiving rights as described in the written materials, that the person is the genetic parent of the child, that the person consents to the establishment of parentage by signing the voluntary declaration of parentage, that the person is assuming all the rights and responsibilities of a parent and wishes to be named on the childs birth certificate, and that the person understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(6) For a voluntary declaration of parentage signed pursuant to paragraph (2) of subdivision (a) of Section 7573, all of the following:(A) A statement by the woman who gave birth that the woman has read and understands the written materials described in Section 7572, that the person who is signing the voluntary declaration of parentage is the intended parent of a child conceived through assisted reproduction, that the woman who gave birth consents to the establishment of parentage by the other person signing the voluntary declaration of parentage, and that the woman who gave birth understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(B) A statement that the person seeking to establish parentage has read and understands the written materials described in Section 7572, understands that by signing the voluntary declaration of parentage the person is waiving rights as described in the written materials, that the person is the intended parent of the child conceived through assisted reproduction, that the person consents to the establishment of parentage by signing the voluntary declaration of parentage, that the person is assuming all the rights and responsibilities of a parent and wishes to be named on the childs birth certificate, and that the person understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(C) The name and the signature of the person who witnesses the signing of the declaration. (c) The Department of Child Support Services shall make the declaration of parentage form described in subdivision (a) available as both a paper and an electronic version. The electronic version may include functionality that allows data to be electronically transmitted to the Department of Child Support Services and electronically delivered to the signatories and local child support agency in lieu of mailing or delivering a paper form.(d) This section shall become operative on January 1, 2024. |
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| 47 | + | The people of the State of California do enact as follows:SECTION 1. Section 7571 of the Family Code is amended to read:7571. (a) On and after January 1, 1995, upon the event of a live birth, prior to an unmarried mother or a mother who gave birth to a child conceived through assisted reproduction leaving a hospital, the person responsible for registering live births under Section 102405 of the Health and Safety Code shall provide to the woman giving birth and shall attempt to provide, at the place of birth, to the person identified by the woman giving birth as either the only possible genetic parent other than the woman who gave birth or the intended parent of a child conceived through assisted reproduction, a voluntary declaration of parentage together with the written materials described in Section 7572. Staff in the hospital shall witness the signatures of parents signing a voluntary declaration of parentage and shall forward the signed declaration to the Department of Child Support Services within 20 days of the date the declaration was signed. A copy of the declaration shall be made available to each of the attesting parents.(b) A health care provider shall not be subject to civil, criminal, or administrative liability for a negligent act or omission relative to the accuracy of the information provided, or for filing the declaration with the appropriate state or local agencies.(c) The local child support agency shall pay the sum of ten dollars ($10) to birthing hospitals and other entities that provide prenatal services for each completed declaration of parentage that is filed with the Department of Child Support Services, provided that the local child support agency and the hospital or other entity providing prenatal services has entered into a written agreement that specifies the terms and conditions for the payment as required by federal law.(d) If the declaration is not registered by the person responsible for registering live births at the hospital, it may be completed by the attesting parents, notarized, and mailed to the Department of Child Support Services at any time after the childs birth.(e) Prenatal clinics shall offer prospective parents the opportunity to sign a voluntary declaration of parentage. In order to be paid for their services as provided in subdivision (c), prenatal clinics must ensure that the form is witnessed and forwarded to the Department of Child Support Services within 20 days of the date the declaration was signed.(f) Declarations shall be made available without charge at all local child support agency offices, offices of local registrars of births and deaths, courts, and county welfare departments within this state. Staff in these offices shall witness the signatures of parents wishing to sign a voluntary declaration of parentage and shall be responsible for forwarding the signed declaration to the Department of Child Support Services within 20 days of the date the declaration was signed.(g) The Department of Child Support Services, at its option, may pay the sum of ten dollars ($10) to local registrars of births and deaths, county welfare departments, or courts for each completed declaration of parentage that is witnessed by staff in these offices and filed with the Department of Child Support Services. In order to receive payment, the Department of Child Support Services and the entity shall enter into a written agreement that specifies the terms and conditions for payment as required by federal law. The Department of Child Support Services shall study the effect of the ten-dollar ($10) payment on obtaining completed voluntary declaration of parentage forms.(h) The Department of Child Support Services and local child support agencies shall publicize the availability of the declarations. The local child support agency shall make the declaration, together with the written materials described in subdivision (a) of Section 7572, available upon request to any parent and any agency or organization that is required to offer parents the opportunity to sign a voluntary declaration of parentage. The local child support agency shall also provide qualified staff to answer parents questions regarding the declaration and the process of establishing parentage.(i) Copies of the declaration and any rescissions filed with the Department of Child Support Services shall be made available only to the parents, the child, the local child support agency, the county welfare department, the county counsel, the State Department of Public Health, and the courts.(j) Publicly funded or licensed health clinics, pediatric offices, Head Start programs, childcare centers, social services providers, prisons, and schools may offer parents the opportunity to sign a voluntary declaration of parentage. In order to be paid for their services as provided in subdivision (c), publicly funded or licensed health clinics, pediatric offices, Head Start programs, childcare centers, social services providers, prisons, and schools shall ensure that the form is witnessed and forwarded to the Department of Child Support Services.(k) An agency or organization required to offer parents the opportunity to sign a voluntary declaration of parentage shall also identify parents who are willing to sign, but were unavailable when the child was born. The organization shall then contact these parents within 10 days and again offer the parent the opportunity to sign a voluntary declaration of parentage.(l) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.SEC. 2. Section 7571 is added to the Family Code, to read:7571. (a) On and after January 1, 1995, upon the event of a live birth, prior to an unmarried mother or a mother who gave birth to a child conceived through assisted reproduction leaving a hospital, the person responsible for registering live births under Section 102405 of the Health and Safety Code shall provide to the woman giving birth and shall attempt to provide, at the place of birth, to the person identified by the woman giving birth as either the only possible genetic parent other than the woman who gave birth or the intended parent of a child conceived through assisted reproduction, a voluntary declaration of parentage together with the written materials described in Section 7572. Staff in the hospital shall witness the signatures of parents signing a voluntary declaration of parentage and shall forward the signed declaration to the Department of Child Support Services within 20 days of the date the declaration was signed. A printed or electronic copy of the declaration shall be made available to each of the attesting parents.(b) A health care provider shall not be subject to civil, criminal, or administrative liability for a negligent act or omission relative to the accuracy of the information provided, or for filing the declaration with the appropriate state or local agencies.(c) The local child support agency shall pay the sum of ten dollars ($10) to birthing hospitals and other entities that provide prenatal services for each completed declaration of parentage that is filed with the Department of Child Support Services, provided that the local child support agency and the hospital or other entity providing prenatal services has entered into a written agreement that specifies the terms and conditions for the payment as required by federal law.(d) If the declaration is not registered by the person responsible for registering live births at the hospital, it may be completed by the attesting parents, notarized, and mailed to the Department of Child Support Services at any time after the childs birth.(e) Prenatal clinics shall offer prospective parents the opportunity to sign a voluntary declaration of parentage. In order to be paid for their services as provided in subdivision (c), prenatal clinics must ensure that the form is witnessed and forwarded to the Department of Child Support Services within 20 days of the date the declaration was signed.(f) Declarations shall be made available without charge at all local child support agency offices, offices of local registrars of births and deaths, courts, and county welfare departments within this state. Staff in these offices shall witness the signatures of parents wishing to sign a voluntary declaration of parentage and shall be responsible for forwarding the signed declaration to the Department of Child Support Services within 20 days of the date the declaration was signed.(g) The Department of Child Support Services, at its option, may pay the sum of ten dollars ($10) to local registrars of births and deaths, county welfare departments, or courts for each completed declaration of parentage that is witnessed by staff in these offices and filed with the Department of Child Support Services. In order to receive payment, the Department of Child Support Services and the entity shall enter into a written agreement that specifies the terms and conditions for payment as required by federal law. The Department of Child Support Services shall study the effect of the ten-dollar ($10) payment on obtaining completed voluntary declaration of parentage forms.(h) The Department of Child Support Services and local child support agencies shall publicize the availability of the declarations. The local child support agency shall make the declaration, together with the written materials described in subdivision (a) of Section 7572, available upon request to any parent and any agency or organization that is required to offer parents the opportunity to sign a voluntary declaration of parentage. The local child support agency shall also provide qualified staff to answer parents questions regarding the declaration and the process of establishing parentage.(i) Copies of the declaration and any rescissions filed with the Department of Child Support Services shall be made available only to the parents, the child, the local child support agency, the county welfare department, the county counsel, the State Department of Public Health, and the courts.(j) Publicly funded or licensed health clinics, pediatric offices, Head Start programs, childcare centers, social services providers, prisons, and schools may offer parents the opportunity to sign a voluntary declaration of parentage. In order to be paid for their services as provided in subdivision (c), publicly funded or licensed health clinics, pediatric offices, Head Start programs, childcare centers, social services providers, prisons, and schools shall ensure that the form is witnessed and forwarded to the Department of Child Support Services within 20 days of the date the declaration was signed.(k) An agency or organization required to offer parents the opportunity to sign a voluntary declaration of parentage shall also identify parents who are willing to sign, but were unavailable when the child was born. The organization shall then contact these parents within 10 days and again offer the parent the opportunity to sign a voluntary declaration of parentage.(l) This section shall become operative on January 1, 2024.SEC. 3. Section 7572 of the Family Code is amended to read:7572. (a) The Department of Child Support Services, in consultation with the State Department of Health Care Services, the California Association of Hospitals and Health Systems, the Child Support Directors Association of California, the California Hospital Association, and other affected health provider organizations, shall work cooperatively to develop written materials to assist providers and parents in complying with this chapter. This written material shall be updated periodically by the Department of Child Support Services to reflect changes in law, procedures, or public need.(b) The written materials for unmarried parents or parents of a child conceived through assisted reproduction that shall be attached to the form specified in Section 7574 shall contain the following information:(1) A signed voluntary declaration of parentage that is filed with the Department of Child Support Services legally establishes parentage.(2) The legal rights and obligations of both parents and the child that result from the establishment of parentage.(3) An alleged fathers constitutional rights to have the issue of parentage decided by a court; to notice of any hearing on the issue of parentage; to have an opportunity to present the alleged fathers case to the court, including the right to present and cross-examine witnesses; to be represented by an attorney; and to have an attorney appointed if the alleged father cannot afford one in a parentage action filed by a local child support agency.(4) That by signing the voluntary declaration of parentage, the father is voluntarily waiving the fathers constitutional rights.(c) Parents shall also be given oral notice of the rights and responsibilities specified in subdivision (b). Oral notice may be accomplished through the use of audio or video recorded programs developed by the Department of Child Support Services to the extent permitted by federal law.(d) The Department of Child Support Services shall, free of charge, make available to hospitals, clinics, and other places of birth any and all informational and training materials for the program under this chapter, as well as the declaration of parentage form. The Department of Child Support Services shall make training available to every participating hospital, clinic, local registrar of births and deaths, and other place of birth.(e) The Department of Child Support Services may adopt regulations, including emergency regulations, necessary to implement this chapter.(f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.SEC. 4. Section 7572 is added to the Family Code, to read:7572. (a) The Department of Child Support Services, in consultation with the State Department of Health Care Services, the California Association of Hospitals and Health Systems, the Child Support Directors Association of California, the California Hospital Association, and other affected health provider organizations, shall work cooperatively to develop written materials to assist providers and parents in complying with this chapter. These written materials shall be updated periodically by the Department of Child Support Services to reflect changes in law, procedures, or public need.(b) The written materials for unmarried parents or parents of a child conceived through assisted reproduction that shall be attached to the form specified in Section 7574 shall contain the following information:(1) A signed voluntary declaration of parentage that is filed with the Department of Child Support Services legally establishes parentage.(2) The legal rights and obligations of both parents and the child that result from the establishment of parentage.(3) An alleged fathers constitutional rights to have the issue of parentage decided by a court; to notice of any hearing on the issue of parentage; to have an opportunity to present the alleged fathers case to the court, including the right to present and cross-examine witnesses; to be represented by an attorney; and to have an attorney appointed if the alleged father cannot afford one in a parentage action filed by a local child support agency.(4) That by signing the voluntary declaration of parentage, the father is voluntarily waiving the fathers constitutional rights.(c) Parents shall also be given oral notice of the rights and responsibilities specified in subdivision (b). Oral notice may be accomplished through the use of audio or video recorded programs developed by the Department of Child Support Services to the extent permitted by federal law.(d) The Department of Child Support Services shall, free of charge, make available to hospitals, clinics, and other places of birth any and all written and training materials for the program under this chapter, as well as the declaration of parentage form in both paper and electronic form. The Department of Child Support Services shall make training available to every participating hospital, clinic, local registrar of births and deaths, and other place of birth.(e) The Department of Child Support Services may adopt regulations, including emergency regulations, necessary to implement this chapter. (f) This section shall become operative on January 1, 2024.SEC. 5. Section 7573 of the Family Code is amended to read:7573. (a) The following persons may sign a voluntary declaration of parentage to establish the parentage of the child:(1) An unmarried woman who gave birth to the child and another person who is a genetic parent.(2) A married or unmarried woman who gave birth to the child and another person who is a parent under Section 7613 of a child conceived through assisted reproduction.(b) A voluntary declaration of parentage shall be in a record signed by the woman who gave birth to the child and by either the only possible genetic parent other than the woman who gave birth or the intended parent of a child conceived through assisted reproduction, and the signatures shall be attested by a notary or witnessed.(c) Except as provided by Section 7580, a voluntary declaration of parentage takes effect on the filing of the document with the Department of Child Support Services.(d) Except as provided in Sections 7573.5, 7575, 7576, 7577, and 7580, a completed voluntary declaration of parentage that complies with this chapter and that has been filed with the Department of Child Support Services is equivalent to a judgment of parentage of the child and confers on the declarant all rights and duties of a parent.(e) The court shall give full faith and credit to a voluntary declaration of parentage effective in another state if the declaration was in a signed record and otherwise complies with the law of the other state.(f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.SEC. 6. Section 7573 is added to the Family Code, to read:7573. (a) The following persons may sign a voluntary declaration of parentage to establish the parentage of the child:(1) An unmarried woman who gave birth to the child and another person who is a genetic parent.(2) A married or unmarried woman who gave birth to the child and another person who is a parent under Section 7613 of a child conceived through assisted reproduction.(b) A voluntary declaration of parentage shall be in a record signed by the woman who gave birth to the child and by either the only possible genetic parent other than the woman who gave birth or the intended parent of a child conceived through assisted reproduction, and the signatures shall be attested by a notary or witnessed.(c) Except as provided by Section 7580, a voluntary declaration of parentage takes effect on the filing of the document with the Department of Child Support Services.(d) Except as provided in Sections 7573.5, 7575, 7576, 7577, and 7580, a completed voluntary declaration of parentage that complies with this chapter and that has been filed with the Department of Child Support Services is equivalent to a judgment of parentage of the child and confers on the declarant all rights and duties of a parent.(e) The court shall give full faith and credit to a voluntary declaration of parentage effective in another state if the declaration was in a signed record and otherwise complies with the law of the other state.(f) Notwithstanding any other law, an authorized signatory or witness under this chapter may sign a voluntary declaration of parentage using an electronic signature only if all of the following requirements of the electronic signature are met:(1) It is unique to the person using it.(2) It is capable of independent verification.(3) It is under the sole control of the person using it.(4) It is linked to data in such a manner that makes evident any tampering or subsequent change or modification to the electronic record that has occurred.(5) If the linked data is changed, the electronic signature is invalidated.(g) This section shall become operative on January 1, 2024.SEC. 7. Section 7574 of the Family Code is amended to read:7574. (a) The voluntary declaration of parentage shall be executed on a form developed by the Department of Child Support Services in consultation with the State Department of Public Health and groups addressing child support, child custody, assisted reproduction issues, and lesbian, gay, bisexual, and transgender rights.(b) The form described in subdivision (a) shall contain, at a minimum, all of the following:(1) The name and the signature of the woman who gave birth to the child.(2) The name and the signature of the person seeking to establish parentage.(3) The name of the child.(4) The date of birth of the child.(5) For a voluntary declaration of parentage signed pursuant to paragraph (1) of subdivision (a) of Section 7573, all of the following:(A) A statement by the woman who gave birth that the woman is unmarried and understands the written materials described in Section 7572, that the person who is signing the voluntary declaration of parentage is the only possible genetic parent other than the woman who gave birth, that the woman who gave birth consents to the establishment of parentage by the genetic parent signing the voluntary declaration of parentage, and that the woman who gave birth understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(B) A statement by the person signing the voluntary declaration of parentage that the person has read and understands the written materials described in Section 7572, understands that by signing the voluntary declaration of parentage the person is waiving rights as described in the written materials, that the person is the genetic parent of the child, that the person consents to the establishment of parentage by signing the voluntary declaration of parentage, that the person is assuming all the rights and responsibilities of a parent and wishes to be named on the childs birth certificate, and that the person understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(6) For a voluntary declaration of parentage signed pursuant to paragraph (2) of subdivision (a) of Section 7573, all of the following:(A) A statement by the woman who gave birth that the woman has read and understands the written materials described in Section 7572, that the person who is signing the voluntary declaration of parentage is the intended parent of a child conceived through assisted reproduction, that the woman who gave birth consents to the establishment of parentage by the other person signing the voluntary declaration of parentage, and that the woman who gave birth understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(B) A statement that the person seeking to establish parentage has read and understands the written materials described in Section 7572, understands that by signing the voluntary declaration of parentage the person is waiving rights as described in the written materials, that the person is the intended parent of the child conceived through assisted reproduction, that the person consents to the establishment of parentage by signing the voluntary declaration of parentage, that the person is assuming all the rights and responsibilities of a parent and wishes to be named on the childs birth certificate, and that the person understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(C) The name and the signature of the person who witnesses the signing of the declaration.(c) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.SEC. 8. Section 7574 is added to the Family Code, to read:7574. (a) The voluntary declaration of parentage shall be executed on a form developed by the Department of Child Support Services in consultation with the State Department of Public Health and groups addressing child support, child custody, assisted reproduction issues, and lesbian, gay, bisexual, and transgender rights.(b) The form described in subdivision (a) shall contain, at a minimum, all of the following:(1) The name and the signature of the woman who gave birth to the child.(2) The name and the signature of the person seeking to establish parentage.(3) The name of the child.(4) The date of birth of the child.(5) For a voluntary declaration of parentage signed pursuant to paragraph (1) of subdivision (a) of Section 7573, all of the following:(A) A statement by the woman who gave birth that the woman is unmarried and understands the written materials described in Section 7572, that the person who is signing the voluntary declaration of parentage is the only possible genetic parent other than the woman who gave birth, that the woman who gave birth consents to the establishment of parentage by the genetic parent signing the voluntary declaration of parentage, and that the woman who gave birth understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(B) A statement by the person signing the voluntary declaration of parentage that the person has read and understands the written materials described in Section 7572, understands that by signing the voluntary declaration of parentage the person is waiving rights as described in the written materials, that the person is the genetic parent of the child, that the person consents to the establishment of parentage by signing the voluntary declaration of parentage, that the person is assuming all the rights and responsibilities of a parent and wishes to be named on the childs birth certificate, and that the person understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(6) For a voluntary declaration of parentage signed pursuant to paragraph (2) of subdivision (a) of Section 7573, all of the following:(A) A statement by the woman who gave birth that the woman has read and understands the written materials described in Section 7572, that the person who is signing the voluntary declaration of parentage is the intended parent of a child conceived through assisted reproduction, that the woman who gave birth consents to the establishment of parentage by the other person signing the voluntary declaration of parentage, and that the woman who gave birth understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(B) A statement that the person seeking to establish parentage has read and understands the written materials described in Section 7572, understands that by signing the voluntary declaration of parentage the person is waiving rights as described in the written materials, that the person is the intended parent of the child conceived through assisted reproduction, that the person consents to the establishment of parentage by signing the voluntary declaration of parentage, that the person is assuming all the rights and responsibilities of a parent and wishes to be named on the childs birth certificate, and that the person understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(C) The name and the signature of the person who witnesses the signing of the declaration. (c) The Department of Child Support Services shall make the declaration of parentage form described in subdivision (a) available as both a paper and an electronic version. The electronic version may include functionality that allows data to be electronically transmitted to the Department of Child Support Services and electronically delivered to the signatories and local child support agency in lieu of mailing or delivering a paper form.(d) This section shall become operative on January 1, 2024. |
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| 51 | 48 | | |
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| 52 | 49 | | The people of the State of California do enact as follows: |
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| 53 | 50 | | |
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| 54 | 51 | | ## The people of the State of California do enact as follows: |
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| 55 | 52 | | |
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| 56 | 53 | | SECTION 1. Section 7571 of the Family Code is amended to read:7571. (a) On and after January 1, 1995, upon the event of a live birth, prior to an unmarried mother or a mother who gave birth to a child conceived through assisted reproduction leaving a hospital, the person responsible for registering live births under Section 102405 of the Health and Safety Code shall provide to the woman giving birth and shall attempt to provide, at the place of birth, to the person identified by the woman giving birth as either the only possible genetic parent other than the woman who gave birth or the intended parent of a child conceived through assisted reproduction, a voluntary declaration of parentage together with the written materials described in Section 7572. Staff in the hospital shall witness the signatures of parents signing a voluntary declaration of parentage and shall forward the signed declaration to the Department of Child Support Services within 20 days of the date the declaration was signed. A copy of the declaration shall be made available to each of the attesting parents.(b) A health care provider shall not be subject to civil, criminal, or administrative liability for a negligent act or omission relative to the accuracy of the information provided, or for filing the declaration with the appropriate state or local agencies.(c) The local child support agency shall pay the sum of ten dollars ($10) to birthing hospitals and other entities that provide prenatal services for each completed declaration of parentage that is filed with the Department of Child Support Services, provided that the local child support agency and the hospital or other entity providing prenatal services has entered into a written agreement that specifies the terms and conditions for the payment as required by federal law.(d) If the declaration is not registered by the person responsible for registering live births at the hospital, it may be completed by the attesting parents, notarized, and mailed to the Department of Child Support Services at any time after the childs birth.(e) Prenatal clinics shall offer prospective parents the opportunity to sign a voluntary declaration of parentage. In order to be paid for their services as provided in subdivision (c), prenatal clinics must ensure that the form is witnessed and forwarded to the Department of Child Support Services within 20 days of the date the declaration was signed.(f) Declarations shall be made available without charge at all local child support agency offices, offices of local registrars of births and deaths, courts, and county welfare departments within this state. Staff in these offices shall witness the signatures of parents wishing to sign a voluntary declaration of parentage and shall be responsible for forwarding the signed declaration to the Department of Child Support Services within 20 days of the date the declaration was signed.(g) The Department of Child Support Services, at its option, may pay the sum of ten dollars ($10) to local registrars of births and deaths, county welfare departments, or courts for each completed declaration of parentage that is witnessed by staff in these offices and filed with the Department of Child Support Services. In order to receive payment, the Department of Child Support Services and the entity shall enter into a written agreement that specifies the terms and conditions for payment as required by federal law. The Department of Child Support Services shall study the effect of the ten-dollar ($10) payment on obtaining completed voluntary declaration of parentage forms.(h) The Department of Child Support Services and local child support agencies shall publicize the availability of the declarations. The local child support agency shall make the declaration, together with the written materials described in subdivision (a) of Section 7572, available upon request to any parent and any agency or organization that is required to offer parents the opportunity to sign a voluntary declaration of parentage. The local child support agency shall also provide qualified staff to answer parents questions regarding the declaration and the process of establishing parentage.(i) Copies of the declaration and any rescissions filed with the Department of Child Support Services shall be made available only to the parents, the child, the local child support agency, the county welfare department, the county counsel, the State Department of Public Health, and the courts.(j) Publicly funded or licensed health clinics, pediatric offices, Head Start programs, childcare centers, social services providers, prisons, and schools may offer parents the opportunity to sign a voluntary declaration of parentage. In order to be paid for their services as provided in subdivision (c), publicly funded or licensed health clinics, pediatric offices, Head Start programs, childcare centers, social services providers, prisons, and schools shall ensure that the form is witnessed and forwarded to the Department of Child Support Services.(k) An agency or organization required to offer parents the opportunity to sign a voluntary declaration of parentage shall also identify parents who are willing to sign, but were unavailable when the child was born. The organization shall then contact these parents within 10 days and again offer the parent the opportunity to sign a voluntary declaration of parentage.(l) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 57 | 54 | | |
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| 58 | 55 | | SECTION 1. Section 7571 of the Family Code is amended to read: |
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| 59 | 56 | | |
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| 60 | 57 | | ### SECTION 1. |
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| 61 | 58 | | |
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| 62 | 59 | | 7571. (a) On and after January 1, 1995, upon the event of a live birth, prior to an unmarried mother or a mother who gave birth to a child conceived through assisted reproduction leaving a hospital, the person responsible for registering live births under Section 102405 of the Health and Safety Code shall provide to the woman giving birth and shall attempt to provide, at the place of birth, to the person identified by the woman giving birth as either the only possible genetic parent other than the woman who gave birth or the intended parent of a child conceived through assisted reproduction, a voluntary declaration of parentage together with the written materials described in Section 7572. Staff in the hospital shall witness the signatures of parents signing a voluntary declaration of parentage and shall forward the signed declaration to the Department of Child Support Services within 20 days of the date the declaration was signed. A copy of the declaration shall be made available to each of the attesting parents.(b) A health care provider shall not be subject to civil, criminal, or administrative liability for a negligent act or omission relative to the accuracy of the information provided, or for filing the declaration with the appropriate state or local agencies.(c) The local child support agency shall pay the sum of ten dollars ($10) to birthing hospitals and other entities that provide prenatal services for each completed declaration of parentage that is filed with the Department of Child Support Services, provided that the local child support agency and the hospital or other entity providing prenatal services has entered into a written agreement that specifies the terms and conditions for the payment as required by federal law.(d) If the declaration is not registered by the person responsible for registering live births at the hospital, it may be completed by the attesting parents, notarized, and mailed to the Department of Child Support Services at any time after the childs birth.(e) Prenatal clinics shall offer prospective parents the opportunity to sign a voluntary declaration of parentage. In order to be paid for their services as provided in subdivision (c), prenatal clinics must ensure that the form is witnessed and forwarded to the Department of Child Support Services within 20 days of the date the declaration was signed.(f) Declarations shall be made available without charge at all local child support agency offices, offices of local registrars of births and deaths, courts, and county welfare departments within this state. Staff in these offices shall witness the signatures of parents wishing to sign a voluntary declaration of parentage and shall be responsible for forwarding the signed declaration to the Department of Child Support Services within 20 days of the date the declaration was signed.(g) The Department of Child Support Services, at its option, may pay the sum of ten dollars ($10) to local registrars of births and deaths, county welfare departments, or courts for each completed declaration of parentage that is witnessed by staff in these offices and filed with the Department of Child Support Services. In order to receive payment, the Department of Child Support Services and the entity shall enter into a written agreement that specifies the terms and conditions for payment as required by federal law. The Department of Child Support Services shall study the effect of the ten-dollar ($10) payment on obtaining completed voluntary declaration of parentage forms.(h) The Department of Child Support Services and local child support agencies shall publicize the availability of the declarations. The local child support agency shall make the declaration, together with the written materials described in subdivision (a) of Section 7572, available upon request to any parent and any agency or organization that is required to offer parents the opportunity to sign a voluntary declaration of parentage. The local child support agency shall also provide qualified staff to answer parents questions regarding the declaration and the process of establishing parentage.(i) Copies of the declaration and any rescissions filed with the Department of Child Support Services shall be made available only to the parents, the child, the local child support agency, the county welfare department, the county counsel, the State Department of Public Health, and the courts.(j) Publicly funded or licensed health clinics, pediatric offices, Head Start programs, childcare centers, social services providers, prisons, and schools may offer parents the opportunity to sign a voluntary declaration of parentage. In order to be paid for their services as provided in subdivision (c), publicly funded or licensed health clinics, pediatric offices, Head Start programs, childcare centers, social services providers, prisons, and schools shall ensure that the form is witnessed and forwarded to the Department of Child Support Services.(k) An agency or organization required to offer parents the opportunity to sign a voluntary declaration of parentage shall also identify parents who are willing to sign, but were unavailable when the child was born. The organization shall then contact these parents within 10 days and again offer the parent the opportunity to sign a voluntary declaration of parentage.(l) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 63 | 60 | | |
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| 64 | 61 | | 7571. (a) On and after January 1, 1995, upon the event of a live birth, prior to an unmarried mother or a mother who gave birth to a child conceived through assisted reproduction leaving a hospital, the person responsible for registering live births under Section 102405 of the Health and Safety Code shall provide to the woman giving birth and shall attempt to provide, at the place of birth, to the person identified by the woman giving birth as either the only possible genetic parent other than the woman who gave birth or the intended parent of a child conceived through assisted reproduction, a voluntary declaration of parentage together with the written materials described in Section 7572. Staff in the hospital shall witness the signatures of parents signing a voluntary declaration of parentage and shall forward the signed declaration to the Department of Child Support Services within 20 days of the date the declaration was signed. A copy of the declaration shall be made available to each of the attesting parents.(b) A health care provider shall not be subject to civil, criminal, or administrative liability for a negligent act or omission relative to the accuracy of the information provided, or for filing the declaration with the appropriate state or local agencies.(c) The local child support agency shall pay the sum of ten dollars ($10) to birthing hospitals and other entities that provide prenatal services for each completed declaration of parentage that is filed with the Department of Child Support Services, provided that the local child support agency and the hospital or other entity providing prenatal services has entered into a written agreement that specifies the terms and conditions for the payment as required by federal law.(d) If the declaration is not registered by the person responsible for registering live births at the hospital, it may be completed by the attesting parents, notarized, and mailed to the Department of Child Support Services at any time after the childs birth.(e) Prenatal clinics shall offer prospective parents the opportunity to sign a voluntary declaration of parentage. In order to be paid for their services as provided in subdivision (c), prenatal clinics must ensure that the form is witnessed and forwarded to the Department of Child Support Services within 20 days of the date the declaration was signed.(f) Declarations shall be made available without charge at all local child support agency offices, offices of local registrars of births and deaths, courts, and county welfare departments within this state. Staff in these offices shall witness the signatures of parents wishing to sign a voluntary declaration of parentage and shall be responsible for forwarding the signed declaration to the Department of Child Support Services within 20 days of the date the declaration was signed.(g) The Department of Child Support Services, at its option, may pay the sum of ten dollars ($10) to local registrars of births and deaths, county welfare departments, or courts for each completed declaration of parentage that is witnessed by staff in these offices and filed with the Department of Child Support Services. In order to receive payment, the Department of Child Support Services and the entity shall enter into a written agreement that specifies the terms and conditions for payment as required by federal law. The Department of Child Support Services shall study the effect of the ten-dollar ($10) payment on obtaining completed voluntary declaration of parentage forms.(h) The Department of Child Support Services and local child support agencies shall publicize the availability of the declarations. The local child support agency shall make the declaration, together with the written materials described in subdivision (a) of Section 7572, available upon request to any parent and any agency or organization that is required to offer parents the opportunity to sign a voluntary declaration of parentage. The local child support agency shall also provide qualified staff to answer parents questions regarding the declaration and the process of establishing parentage.(i) Copies of the declaration and any rescissions filed with the Department of Child Support Services shall be made available only to the parents, the child, the local child support agency, the county welfare department, the county counsel, the State Department of Public Health, and the courts.(j) Publicly funded or licensed health clinics, pediatric offices, Head Start programs, childcare centers, social services providers, prisons, and schools may offer parents the opportunity to sign a voluntary declaration of parentage. In order to be paid for their services as provided in subdivision (c), publicly funded or licensed health clinics, pediatric offices, Head Start programs, childcare centers, social services providers, prisons, and schools shall ensure that the form is witnessed and forwarded to the Department of Child Support Services.(k) An agency or organization required to offer parents the opportunity to sign a voluntary declaration of parentage shall also identify parents who are willing to sign, but were unavailable when the child was born. The organization shall then contact these parents within 10 days and again offer the parent the opportunity to sign a voluntary declaration of parentage.(l) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 65 | 62 | | |
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| 66 | 63 | | 7571. (a) On and after January 1, 1995, upon the event of a live birth, prior to an unmarried mother or a mother who gave birth to a child conceived through assisted reproduction leaving a hospital, the person responsible for registering live births under Section 102405 of the Health and Safety Code shall provide to the woman giving birth and shall attempt to provide, at the place of birth, to the person identified by the woman giving birth as either the only possible genetic parent other than the woman who gave birth or the intended parent of a child conceived through assisted reproduction, a voluntary declaration of parentage together with the written materials described in Section 7572. Staff in the hospital shall witness the signatures of parents signing a voluntary declaration of parentage and shall forward the signed declaration to the Department of Child Support Services within 20 days of the date the declaration was signed. A copy of the declaration shall be made available to each of the attesting parents.(b) A health care provider shall not be subject to civil, criminal, or administrative liability for a negligent act or omission relative to the accuracy of the information provided, or for filing the declaration with the appropriate state or local agencies.(c) The local child support agency shall pay the sum of ten dollars ($10) to birthing hospitals and other entities that provide prenatal services for each completed declaration of parentage that is filed with the Department of Child Support Services, provided that the local child support agency and the hospital or other entity providing prenatal services has entered into a written agreement that specifies the terms and conditions for the payment as required by federal law.(d) If the declaration is not registered by the person responsible for registering live births at the hospital, it may be completed by the attesting parents, notarized, and mailed to the Department of Child Support Services at any time after the childs birth.(e) Prenatal clinics shall offer prospective parents the opportunity to sign a voluntary declaration of parentage. In order to be paid for their services as provided in subdivision (c), prenatal clinics must ensure that the form is witnessed and forwarded to the Department of Child Support Services within 20 days of the date the declaration was signed.(f) Declarations shall be made available without charge at all local child support agency offices, offices of local registrars of births and deaths, courts, and county welfare departments within this state. Staff in these offices shall witness the signatures of parents wishing to sign a voluntary declaration of parentage and shall be responsible for forwarding the signed declaration to the Department of Child Support Services within 20 days of the date the declaration was signed.(g) The Department of Child Support Services, at its option, may pay the sum of ten dollars ($10) to local registrars of births and deaths, county welfare departments, or courts for each completed declaration of parentage that is witnessed by staff in these offices and filed with the Department of Child Support Services. In order to receive payment, the Department of Child Support Services and the entity shall enter into a written agreement that specifies the terms and conditions for payment as required by federal law. The Department of Child Support Services shall study the effect of the ten-dollar ($10) payment on obtaining completed voluntary declaration of parentage forms.(h) The Department of Child Support Services and local child support agencies shall publicize the availability of the declarations. The local child support agency shall make the declaration, together with the written materials described in subdivision (a) of Section 7572, available upon request to any parent and any agency or organization that is required to offer parents the opportunity to sign a voluntary declaration of parentage. The local child support agency shall also provide qualified staff to answer parents questions regarding the declaration and the process of establishing parentage.(i) Copies of the declaration and any rescissions filed with the Department of Child Support Services shall be made available only to the parents, the child, the local child support agency, the county welfare department, the county counsel, the State Department of Public Health, and the courts.(j) Publicly funded or licensed health clinics, pediatric offices, Head Start programs, childcare centers, social services providers, prisons, and schools may offer parents the opportunity to sign a voluntary declaration of parentage. In order to be paid for their services as provided in subdivision (c), publicly funded or licensed health clinics, pediatric offices, Head Start programs, childcare centers, social services providers, prisons, and schools shall ensure that the form is witnessed and forwarded to the Department of Child Support Services.(k) An agency or organization required to offer parents the opportunity to sign a voluntary declaration of parentage shall also identify parents who are willing to sign, but were unavailable when the child was born. The organization shall then contact these parents within 10 days and again offer the parent the opportunity to sign a voluntary declaration of parentage.(l) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 67 | 64 | | |
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| 68 | 65 | | |
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| 69 | 66 | | |
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| 70 | 67 | | 7571. (a) On and after January 1, 1995, upon the event of a live birth, prior to an unmarried mother or a mother who gave birth to a child conceived through assisted reproduction leaving a hospital, the person responsible for registering live births under Section 102405 of the Health and Safety Code shall provide to the woman giving birth and shall attempt to provide, at the place of birth, to the person identified by the woman giving birth as either the only possible genetic parent other than the woman who gave birth or the intended parent of a child conceived through assisted reproduction, a voluntary declaration of parentage together with the written materials described in Section 7572. Staff in the hospital shall witness the signatures of parents signing a voluntary declaration of parentage and shall forward the signed declaration to the Department of Child Support Services within 20 days of the date the declaration was signed. A copy of the declaration shall be made available to each of the attesting parents. |
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| 71 | 68 | | |
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| 72 | 69 | | (b) A health care provider shall not be subject to civil, criminal, or administrative liability for a negligent act or omission relative to the accuracy of the information provided, or for filing the declaration with the appropriate state or local agencies. |
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| 73 | 70 | | |
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| 74 | 71 | | (c) The local child support agency shall pay the sum of ten dollars ($10) to birthing hospitals and other entities that provide prenatal services for each completed declaration of parentage that is filed with the Department of Child Support Services, provided that the local child support agency and the hospital or other entity providing prenatal services has entered into a written agreement that specifies the terms and conditions for the payment as required by federal law. |
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| 75 | 72 | | |
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| 76 | 73 | | (d) If the declaration is not registered by the person responsible for registering live births at the hospital, it may be completed by the attesting parents, notarized, and mailed to the Department of Child Support Services at any time after the childs birth. |
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| 77 | 74 | | |
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| 78 | 75 | | (e) Prenatal clinics shall offer prospective parents the opportunity to sign a voluntary declaration of parentage. In order to be paid for their services as provided in subdivision (c), prenatal clinics must ensure that the form is witnessed and forwarded to the Department of Child Support Services within 20 days of the date the declaration was signed. |
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| 79 | 76 | | |
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| 80 | 77 | | (f) Declarations shall be made available without charge at all local child support agency offices, offices of local registrars of births and deaths, courts, and county welfare departments within this state. Staff in these offices shall witness the signatures of parents wishing to sign a voluntary declaration of parentage and shall be responsible for forwarding the signed declaration to the Department of Child Support Services within 20 days of the date the declaration was signed. |
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| 81 | 78 | | |
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| 82 | 79 | | (g) The Department of Child Support Services, at its option, may pay the sum of ten dollars ($10) to local registrars of births and deaths, county welfare departments, or courts for each completed declaration of parentage that is witnessed by staff in these offices and filed with the Department of Child Support Services. In order to receive payment, the Department of Child Support Services and the entity shall enter into a written agreement that specifies the terms and conditions for payment as required by federal law. The Department of Child Support Services shall study the effect of the ten-dollar ($10) payment on obtaining completed voluntary declaration of parentage forms. |
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| 83 | 80 | | |
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| 84 | 81 | | (h) The Department of Child Support Services and local child support agencies shall publicize the availability of the declarations. The local child support agency shall make the declaration, together with the written materials described in subdivision (a) of Section 7572, available upon request to any parent and any agency or organization that is required to offer parents the opportunity to sign a voluntary declaration of parentage. The local child support agency shall also provide qualified staff to answer parents questions regarding the declaration and the process of establishing parentage. |
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| 85 | 82 | | |
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| 86 | 83 | | (i) Copies of the declaration and any rescissions filed with the Department of Child Support Services shall be made available only to the parents, the child, the local child support agency, the county welfare department, the county counsel, the State Department of Public Health, and the courts. |
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| 87 | 84 | | |
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| 88 | 85 | | (j) Publicly funded or licensed health clinics, pediatric offices, Head Start programs, childcare centers, social services providers, prisons, and schools may offer parents the opportunity to sign a voluntary declaration of parentage. In order to be paid for their services as provided in subdivision (c), publicly funded or licensed health clinics, pediatric offices, Head Start programs, childcare centers, social services providers, prisons, and schools shall ensure that the form is witnessed and forwarded to the Department of Child Support Services. |
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| 89 | 86 | | |
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| 90 | 87 | | (k) An agency or organization required to offer parents the opportunity to sign a voluntary declaration of parentage shall also identify parents who are willing to sign, but were unavailable when the child was born. The organization shall then contact these parents within 10 days and again offer the parent the opportunity to sign a voluntary declaration of parentage. |
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| 91 | 88 | | |
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| 92 | 89 | | (l) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 93 | 90 | | |
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| 94 | 91 | | SEC. 2. Section 7571 is added to the Family Code, to read:7571. (a) On and after January 1, 1995, upon the event of a live birth, prior to an unmarried mother or a mother who gave birth to a child conceived through assisted reproduction leaving a hospital, the person responsible for registering live births under Section 102405 of the Health and Safety Code shall provide to the woman giving birth and shall attempt to provide, at the place of birth, to the person identified by the woman giving birth as either the only possible genetic parent other than the woman who gave birth or the intended parent of a child conceived through assisted reproduction, a voluntary declaration of parentage together with the written materials described in Section 7572. Staff in the hospital shall witness the signatures of parents signing a voluntary declaration of parentage and shall forward the signed declaration to the Department of Child Support Services within 20 days of the date the declaration was signed. A printed or electronic copy of the declaration shall be made available to each of the attesting parents.(b) A health care provider shall not be subject to civil, criminal, or administrative liability for a negligent act or omission relative to the accuracy of the information provided, or for filing the declaration with the appropriate state or local agencies.(c) The local child support agency shall pay the sum of ten dollars ($10) to birthing hospitals and other entities that provide prenatal services for each completed declaration of parentage that is filed with the Department of Child Support Services, provided that the local child support agency and the hospital or other entity providing prenatal services has entered into a written agreement that specifies the terms and conditions for the payment as required by federal law.(d) If the declaration is not registered by the person responsible for registering live births at the hospital, it may be completed by the attesting parents, notarized, and mailed to the Department of Child Support Services at any time after the childs birth.(e) Prenatal clinics shall offer prospective parents the opportunity to sign a voluntary declaration of parentage. In order to be paid for their services as provided in subdivision (c), prenatal clinics must ensure that the form is witnessed and forwarded to the Department of Child Support Services within 20 days of the date the declaration was signed.(f) Declarations shall be made available without charge at all local child support agency offices, offices of local registrars of births and deaths, courts, and county welfare departments within this state. Staff in these offices shall witness the signatures of parents wishing to sign a voluntary declaration of parentage and shall be responsible for forwarding the signed declaration to the Department of Child Support Services within 20 days of the date the declaration was signed.(g) The Department of Child Support Services, at its option, may pay the sum of ten dollars ($10) to local registrars of births and deaths, county welfare departments, or courts for each completed declaration of parentage that is witnessed by staff in these offices and filed with the Department of Child Support Services. In order to receive payment, the Department of Child Support Services and the entity shall enter into a written agreement that specifies the terms and conditions for payment as required by federal law. The Department of Child Support Services shall study the effect of the ten-dollar ($10) payment on obtaining completed voluntary declaration of parentage forms.(h) The Department of Child Support Services and local child support agencies shall publicize the availability of the declarations. The local child support agency shall make the declaration, together with the written materials described in subdivision (a) of Section 7572, available upon request to any parent and any agency or organization that is required to offer parents the opportunity to sign a voluntary declaration of parentage. The local child support agency shall also provide qualified staff to answer parents questions regarding the declaration and the process of establishing parentage.(i) Copies of the declaration and any rescissions filed with the Department of Child Support Services shall be made available only to the parents, the child, the local child support agency, the county welfare department, the county counsel, the State Department of Public Health, and the courts.(j) Publicly funded or licensed health clinics, pediatric offices, Head Start programs, childcare centers, social services providers, prisons, and schools may offer parents the opportunity to sign a voluntary declaration of parentage. In order to be paid for their services as provided in subdivision (c), publicly funded or licensed health clinics, pediatric offices, Head Start programs, childcare centers, social services providers, prisons, and schools shall ensure that the form is witnessed and forwarded to the Department of Child Support Services within 20 days of the date the declaration was signed.(k) An agency or organization required to offer parents the opportunity to sign a voluntary declaration of parentage shall also identify parents who are willing to sign, but were unavailable when the child was born. The organization shall then contact these parents within 10 days and again offer the parent the opportunity to sign a voluntary declaration of parentage.(l) This section shall become operative on January 1, 2024. |
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| 95 | 92 | | |
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| 96 | 93 | | SEC. 2. Section 7571 is added to the Family Code, to read: |
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| 97 | 94 | | |
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| 98 | 95 | | ### SEC. 2. |
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| 99 | 96 | | |
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| 100 | 97 | | 7571. (a) On and after January 1, 1995, upon the event of a live birth, prior to an unmarried mother or a mother who gave birth to a child conceived through assisted reproduction leaving a hospital, the person responsible for registering live births under Section 102405 of the Health and Safety Code shall provide to the woman giving birth and shall attempt to provide, at the place of birth, to the person identified by the woman giving birth as either the only possible genetic parent other than the woman who gave birth or the intended parent of a child conceived through assisted reproduction, a voluntary declaration of parentage together with the written materials described in Section 7572. Staff in the hospital shall witness the signatures of parents signing a voluntary declaration of parentage and shall forward the signed declaration to the Department of Child Support Services within 20 days of the date the declaration was signed. A printed or electronic copy of the declaration shall be made available to each of the attesting parents.(b) A health care provider shall not be subject to civil, criminal, or administrative liability for a negligent act or omission relative to the accuracy of the information provided, or for filing the declaration with the appropriate state or local agencies.(c) The local child support agency shall pay the sum of ten dollars ($10) to birthing hospitals and other entities that provide prenatal services for each completed declaration of parentage that is filed with the Department of Child Support Services, provided that the local child support agency and the hospital or other entity providing prenatal services has entered into a written agreement that specifies the terms and conditions for the payment as required by federal law.(d) If the declaration is not registered by the person responsible for registering live births at the hospital, it may be completed by the attesting parents, notarized, and mailed to the Department of Child Support Services at any time after the childs birth.(e) Prenatal clinics shall offer prospective parents the opportunity to sign a voluntary declaration of parentage. In order to be paid for their services as provided in subdivision (c), prenatal clinics must ensure that the form is witnessed and forwarded to the Department of Child Support Services within 20 days of the date the declaration was signed.(f) Declarations shall be made available without charge at all local child support agency offices, offices of local registrars of births and deaths, courts, and county welfare departments within this state. Staff in these offices shall witness the signatures of parents wishing to sign a voluntary declaration of parentage and shall be responsible for forwarding the signed declaration to the Department of Child Support Services within 20 days of the date the declaration was signed.(g) The Department of Child Support Services, at its option, may pay the sum of ten dollars ($10) to local registrars of births and deaths, county welfare departments, or courts for each completed declaration of parentage that is witnessed by staff in these offices and filed with the Department of Child Support Services. In order to receive payment, the Department of Child Support Services and the entity shall enter into a written agreement that specifies the terms and conditions for payment as required by federal law. The Department of Child Support Services shall study the effect of the ten-dollar ($10) payment on obtaining completed voluntary declaration of parentage forms.(h) The Department of Child Support Services and local child support agencies shall publicize the availability of the declarations. The local child support agency shall make the declaration, together with the written materials described in subdivision (a) of Section 7572, available upon request to any parent and any agency or organization that is required to offer parents the opportunity to sign a voluntary declaration of parentage. The local child support agency shall also provide qualified staff to answer parents questions regarding the declaration and the process of establishing parentage.(i) Copies of the declaration and any rescissions filed with the Department of Child Support Services shall be made available only to the parents, the child, the local child support agency, the county welfare department, the county counsel, the State Department of Public Health, and the courts.(j) Publicly funded or licensed health clinics, pediatric offices, Head Start programs, childcare centers, social services providers, prisons, and schools may offer parents the opportunity to sign a voluntary declaration of parentage. In order to be paid for their services as provided in subdivision (c), publicly funded or licensed health clinics, pediatric offices, Head Start programs, childcare centers, social services providers, prisons, and schools shall ensure that the form is witnessed and forwarded to the Department of Child Support Services within 20 days of the date the declaration was signed.(k) An agency or organization required to offer parents the opportunity to sign a voluntary declaration of parentage shall also identify parents who are willing to sign, but were unavailable when the child was born. The organization shall then contact these parents within 10 days and again offer the parent the opportunity to sign a voluntary declaration of parentage.(l) This section shall become operative on January 1, 2024. |
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| 101 | 98 | | |
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| 102 | 99 | | 7571. (a) On and after January 1, 1995, upon the event of a live birth, prior to an unmarried mother or a mother who gave birth to a child conceived through assisted reproduction leaving a hospital, the person responsible for registering live births under Section 102405 of the Health and Safety Code shall provide to the woman giving birth and shall attempt to provide, at the place of birth, to the person identified by the woman giving birth as either the only possible genetic parent other than the woman who gave birth or the intended parent of a child conceived through assisted reproduction, a voluntary declaration of parentage together with the written materials described in Section 7572. Staff in the hospital shall witness the signatures of parents signing a voluntary declaration of parentage and shall forward the signed declaration to the Department of Child Support Services within 20 days of the date the declaration was signed. A printed or electronic copy of the declaration shall be made available to each of the attesting parents.(b) A health care provider shall not be subject to civil, criminal, or administrative liability for a negligent act or omission relative to the accuracy of the information provided, or for filing the declaration with the appropriate state or local agencies.(c) The local child support agency shall pay the sum of ten dollars ($10) to birthing hospitals and other entities that provide prenatal services for each completed declaration of parentage that is filed with the Department of Child Support Services, provided that the local child support agency and the hospital or other entity providing prenatal services has entered into a written agreement that specifies the terms and conditions for the payment as required by federal law.(d) If the declaration is not registered by the person responsible for registering live births at the hospital, it may be completed by the attesting parents, notarized, and mailed to the Department of Child Support Services at any time after the childs birth.(e) Prenatal clinics shall offer prospective parents the opportunity to sign a voluntary declaration of parentage. In order to be paid for their services as provided in subdivision (c), prenatal clinics must ensure that the form is witnessed and forwarded to the Department of Child Support Services within 20 days of the date the declaration was signed.(f) Declarations shall be made available without charge at all local child support agency offices, offices of local registrars of births and deaths, courts, and county welfare departments within this state. Staff in these offices shall witness the signatures of parents wishing to sign a voluntary declaration of parentage and shall be responsible for forwarding the signed declaration to the Department of Child Support Services within 20 days of the date the declaration was signed.(g) The Department of Child Support Services, at its option, may pay the sum of ten dollars ($10) to local registrars of births and deaths, county welfare departments, or courts for each completed declaration of parentage that is witnessed by staff in these offices and filed with the Department of Child Support Services. In order to receive payment, the Department of Child Support Services and the entity shall enter into a written agreement that specifies the terms and conditions for payment as required by federal law. The Department of Child Support Services shall study the effect of the ten-dollar ($10) payment on obtaining completed voluntary declaration of parentage forms.(h) The Department of Child Support Services and local child support agencies shall publicize the availability of the declarations. The local child support agency shall make the declaration, together with the written materials described in subdivision (a) of Section 7572, available upon request to any parent and any agency or organization that is required to offer parents the opportunity to sign a voluntary declaration of parentage. The local child support agency shall also provide qualified staff to answer parents questions regarding the declaration and the process of establishing parentage.(i) Copies of the declaration and any rescissions filed with the Department of Child Support Services shall be made available only to the parents, the child, the local child support agency, the county welfare department, the county counsel, the State Department of Public Health, and the courts.(j) Publicly funded or licensed health clinics, pediatric offices, Head Start programs, childcare centers, social services providers, prisons, and schools may offer parents the opportunity to sign a voluntary declaration of parentage. In order to be paid for their services as provided in subdivision (c), publicly funded or licensed health clinics, pediatric offices, Head Start programs, childcare centers, social services providers, prisons, and schools shall ensure that the form is witnessed and forwarded to the Department of Child Support Services within 20 days of the date the declaration was signed.(k) An agency or organization required to offer parents the opportunity to sign a voluntary declaration of parentage shall also identify parents who are willing to sign, but were unavailable when the child was born. The organization shall then contact these parents within 10 days and again offer the parent the opportunity to sign a voluntary declaration of parentage.(l) This section shall become operative on January 1, 2024. |
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| 103 | 100 | | |
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| 104 | 101 | | 7571. (a) On and after January 1, 1995, upon the event of a live birth, prior to an unmarried mother or a mother who gave birth to a child conceived through assisted reproduction leaving a hospital, the person responsible for registering live births under Section 102405 of the Health and Safety Code shall provide to the woman giving birth and shall attempt to provide, at the place of birth, to the person identified by the woman giving birth as either the only possible genetic parent other than the woman who gave birth or the intended parent of a child conceived through assisted reproduction, a voluntary declaration of parentage together with the written materials described in Section 7572. Staff in the hospital shall witness the signatures of parents signing a voluntary declaration of parentage and shall forward the signed declaration to the Department of Child Support Services within 20 days of the date the declaration was signed. A printed or electronic copy of the declaration shall be made available to each of the attesting parents.(b) A health care provider shall not be subject to civil, criminal, or administrative liability for a negligent act or omission relative to the accuracy of the information provided, or for filing the declaration with the appropriate state or local agencies.(c) The local child support agency shall pay the sum of ten dollars ($10) to birthing hospitals and other entities that provide prenatal services for each completed declaration of parentage that is filed with the Department of Child Support Services, provided that the local child support agency and the hospital or other entity providing prenatal services has entered into a written agreement that specifies the terms and conditions for the payment as required by federal law.(d) If the declaration is not registered by the person responsible for registering live births at the hospital, it may be completed by the attesting parents, notarized, and mailed to the Department of Child Support Services at any time after the childs birth.(e) Prenatal clinics shall offer prospective parents the opportunity to sign a voluntary declaration of parentage. In order to be paid for their services as provided in subdivision (c), prenatal clinics must ensure that the form is witnessed and forwarded to the Department of Child Support Services within 20 days of the date the declaration was signed.(f) Declarations shall be made available without charge at all local child support agency offices, offices of local registrars of births and deaths, courts, and county welfare departments within this state. Staff in these offices shall witness the signatures of parents wishing to sign a voluntary declaration of parentage and shall be responsible for forwarding the signed declaration to the Department of Child Support Services within 20 days of the date the declaration was signed.(g) The Department of Child Support Services, at its option, may pay the sum of ten dollars ($10) to local registrars of births and deaths, county welfare departments, or courts for each completed declaration of parentage that is witnessed by staff in these offices and filed with the Department of Child Support Services. In order to receive payment, the Department of Child Support Services and the entity shall enter into a written agreement that specifies the terms and conditions for payment as required by federal law. The Department of Child Support Services shall study the effect of the ten-dollar ($10) payment on obtaining completed voluntary declaration of parentage forms.(h) The Department of Child Support Services and local child support agencies shall publicize the availability of the declarations. The local child support agency shall make the declaration, together with the written materials described in subdivision (a) of Section 7572, available upon request to any parent and any agency or organization that is required to offer parents the opportunity to sign a voluntary declaration of parentage. The local child support agency shall also provide qualified staff to answer parents questions regarding the declaration and the process of establishing parentage.(i) Copies of the declaration and any rescissions filed with the Department of Child Support Services shall be made available only to the parents, the child, the local child support agency, the county welfare department, the county counsel, the State Department of Public Health, and the courts.(j) Publicly funded or licensed health clinics, pediatric offices, Head Start programs, childcare centers, social services providers, prisons, and schools may offer parents the opportunity to sign a voluntary declaration of parentage. In order to be paid for their services as provided in subdivision (c), publicly funded or licensed health clinics, pediatric offices, Head Start programs, childcare centers, social services providers, prisons, and schools shall ensure that the form is witnessed and forwarded to the Department of Child Support Services within 20 days of the date the declaration was signed.(k) An agency or organization required to offer parents the opportunity to sign a voluntary declaration of parentage shall also identify parents who are willing to sign, but were unavailable when the child was born. The organization shall then contact these parents within 10 days and again offer the parent the opportunity to sign a voluntary declaration of parentage.(l) This section shall become operative on January 1, 2024. |
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| 105 | 102 | | |
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| 106 | 103 | | |
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| 107 | 104 | | |
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| 108 | 105 | | 7571. (a) On and after January 1, 1995, upon the event of a live birth, prior to an unmarried mother or a mother who gave birth to a child conceived through assisted reproduction leaving a hospital, the person responsible for registering live births under Section 102405 of the Health and Safety Code shall provide to the woman giving birth and shall attempt to provide, at the place of birth, to the person identified by the woman giving birth as either the only possible genetic parent other than the woman who gave birth or the intended parent of a child conceived through assisted reproduction, a voluntary declaration of parentage together with the written materials described in Section 7572. Staff in the hospital shall witness the signatures of parents signing a voluntary declaration of parentage and shall forward the signed declaration to the Department of Child Support Services within 20 days of the date the declaration was signed. A printed or electronic copy of the declaration shall be made available to each of the attesting parents. |
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| 109 | 106 | | |
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| 110 | 107 | | (b) A health care provider shall not be subject to civil, criminal, or administrative liability for a negligent act or omission relative to the accuracy of the information provided, or for filing the declaration with the appropriate state or local agencies. |
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| 111 | 108 | | |
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| 112 | 109 | | (c) The local child support agency shall pay the sum of ten dollars ($10) to birthing hospitals and other entities that provide prenatal services for each completed declaration of parentage that is filed with the Department of Child Support Services, provided that the local child support agency and the hospital or other entity providing prenatal services has entered into a written agreement that specifies the terms and conditions for the payment as required by federal law. |
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| 113 | 110 | | |
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| 114 | 111 | | (d) If the declaration is not registered by the person responsible for registering live births at the hospital, it may be completed by the attesting parents, notarized, and mailed to the Department of Child Support Services at any time after the childs birth. |
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| 115 | 112 | | |
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| 116 | 113 | | (e) Prenatal clinics shall offer prospective parents the opportunity to sign a voluntary declaration of parentage. In order to be paid for their services as provided in subdivision (c), prenatal clinics must ensure that the form is witnessed and forwarded to the Department of Child Support Services within 20 days of the date the declaration was signed. |
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| 117 | 114 | | |
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| 118 | 115 | | (f) Declarations shall be made available without charge at all local child support agency offices, offices of local registrars of births and deaths, courts, and county welfare departments within this state. Staff in these offices shall witness the signatures of parents wishing to sign a voluntary declaration of parentage and shall be responsible for forwarding the signed declaration to the Department of Child Support Services within 20 days of the date the declaration was signed. |
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| 119 | 116 | | |
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| 120 | 117 | | (g) The Department of Child Support Services, at its option, may pay the sum of ten dollars ($10) to local registrars of births and deaths, county welfare departments, or courts for each completed declaration of parentage that is witnessed by staff in these offices and filed with the Department of Child Support Services. In order to receive payment, the Department of Child Support Services and the entity shall enter into a written agreement that specifies the terms and conditions for payment as required by federal law. The Department of Child Support Services shall study the effect of the ten-dollar ($10) payment on obtaining completed voluntary declaration of parentage forms. |
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| 121 | 118 | | |
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| 122 | 119 | | (h) The Department of Child Support Services and local child support agencies shall publicize the availability of the declarations. The local child support agency shall make the declaration, together with the written materials described in subdivision (a) of Section 7572, available upon request to any parent and any agency or organization that is required to offer parents the opportunity to sign a voluntary declaration of parentage. The local child support agency shall also provide qualified staff to answer parents questions regarding the declaration and the process of establishing parentage. |
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| 123 | 120 | | |
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| 124 | 121 | | (i) Copies of the declaration and any rescissions filed with the Department of Child Support Services shall be made available only to the parents, the child, the local child support agency, the county welfare department, the county counsel, the State Department of Public Health, and the courts. |
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| 125 | 122 | | |
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| 126 | 123 | | (j) Publicly funded or licensed health clinics, pediatric offices, Head Start programs, childcare centers, social services providers, prisons, and schools may offer parents the opportunity to sign a voluntary declaration of parentage. In order to be paid for their services as provided in subdivision (c), publicly funded or licensed health clinics, pediatric offices, Head Start programs, childcare centers, social services providers, prisons, and schools shall ensure that the form is witnessed and forwarded to the Department of Child Support Services within 20 days of the date the declaration was signed. |
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| 127 | 124 | | |
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| 128 | 125 | | (k) An agency or organization required to offer parents the opportunity to sign a voluntary declaration of parentage shall also identify parents who are willing to sign, but were unavailable when the child was born. The organization shall then contact these parents within 10 days and again offer the parent the opportunity to sign a voluntary declaration of parentage. |
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| 129 | 126 | | |
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| 130 | 127 | | (l) This section shall become operative on January 1, 2024. |
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| 131 | 128 | | |
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| 181 | 178 | | |
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| 182 | 179 | | (b) The written materials for unmarried parents or parents of a child conceived through assisted reproduction that shall be attached to the form specified in Section 7574 shall contain the following information: |
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| 183 | 180 | | |
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| 184 | 181 | | (1) A signed voluntary declaration of parentage that is filed with the Department of Child Support Services legally establishes parentage. |
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| 185 | 182 | | |
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| 186 | 183 | | (2) The legal rights and obligations of both parents and the child that result from the establishment of parentage. |
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| 187 | 184 | | |
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| 188 | 185 | | (3) An alleged fathers constitutional rights to have the issue of parentage decided by a court; to notice of any hearing on the issue of parentage; to have an opportunity to present the alleged fathers case to the court, including the right to present and cross-examine witnesses; to be represented by an attorney; and to have an attorney appointed if the alleged father cannot afford one in a parentage action filed by a local child support agency. |
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| 189 | 186 | | |
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| 190 | 187 | | (4) That by signing the voluntary declaration of parentage, the father is voluntarily waiving the fathers constitutional rights. |
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| 191 | 188 | | |
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| 192 | 189 | | (c) Parents shall also be given oral notice of the rights and responsibilities specified in subdivision (b). Oral notice may be accomplished through the use of audio or video recorded programs developed by the Department of Child Support Services to the extent permitted by federal law. |
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| 193 | 190 | | |
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| 194 | 191 | | (d) The Department of Child Support Services shall, free of charge, make available to hospitals, clinics, and other places of birth any and all written and training materials for the program under this chapter, as well as the declaration of parentage form in both paper and electronic form. The Department of Child Support Services shall make training available to every participating hospital, clinic, local registrar of births and deaths, and other place of birth. |
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| 195 | 192 | | |
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| 196 | 193 | | (e) The Department of Child Support Services may adopt regulations, including emergency regulations, necessary to implement this chapter. |
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| 197 | 194 | | |
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| 198 | 195 | | (f) This section shall become operative on January 1, 2024. |
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| 199 | 196 | | |
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| 200 | 197 | | SEC. 5. Section 7573 of the Family Code is amended to read:7573. (a) The following persons may sign a voluntary declaration of parentage to establish the parentage of the child:(1) An unmarried woman who gave birth to the child and another person who is a genetic parent.(2) A married or unmarried woman who gave birth to the child and another person who is a parent under Section 7613 of a child conceived through assisted reproduction.(b) A voluntary declaration of parentage shall be in a record signed by the woman who gave birth to the child and by either the only possible genetic parent other than the woman who gave birth or the intended parent of a child conceived through assisted reproduction, and the signatures shall be attested by a notary or witnessed.(c) Except as provided by Section 7580, a voluntary declaration of parentage takes effect on the filing of the document with the Department of Child Support Services.(d) Except as provided in Sections 7573.5, 7575, 7576, 7577, and 7580, a completed voluntary declaration of parentage that complies with this chapter and that has been filed with the Department of Child Support Services is equivalent to a judgment of parentage of the child and confers on the declarant all rights and duties of a parent.(e) The court shall give full faith and credit to a voluntary declaration of parentage effective in another state if the declaration was in a signed record and otherwise complies with the law of the other state.(f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 201 | 198 | | |
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| 202 | 199 | | SEC. 5. Section 7573 of the Family Code is amended to read: |
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| 203 | 200 | | |
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| 204 | 201 | | ### SEC. 5. |
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| 205 | 202 | | |
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| 206 | 203 | | 7573. (a) The following persons may sign a voluntary declaration of parentage to establish the parentage of the child:(1) An unmarried woman who gave birth to the child and another person who is a genetic parent.(2) A married or unmarried woman who gave birth to the child and another person who is a parent under Section 7613 of a child conceived through assisted reproduction.(b) A voluntary declaration of parentage shall be in a record signed by the woman who gave birth to the child and by either the only possible genetic parent other than the woman who gave birth or the intended parent of a child conceived through assisted reproduction, and the signatures shall be attested by a notary or witnessed.(c) Except as provided by Section 7580, a voluntary declaration of parentage takes effect on the filing of the document with the Department of Child Support Services.(d) Except as provided in Sections 7573.5, 7575, 7576, 7577, and 7580, a completed voluntary declaration of parentage that complies with this chapter and that has been filed with the Department of Child Support Services is equivalent to a judgment of parentage of the child and confers on the declarant all rights and duties of a parent.(e) The court shall give full faith and credit to a voluntary declaration of parentage effective in another state if the declaration was in a signed record and otherwise complies with the law of the other state.(f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 207 | 204 | | |
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| 208 | 205 | | 7573. (a) The following persons may sign a voluntary declaration of parentage to establish the parentage of the child:(1) An unmarried woman who gave birth to the child and another person who is a genetic parent.(2) A married or unmarried woman who gave birth to the child and another person who is a parent under Section 7613 of a child conceived through assisted reproduction.(b) A voluntary declaration of parentage shall be in a record signed by the woman who gave birth to the child and by either the only possible genetic parent other than the woman who gave birth or the intended parent of a child conceived through assisted reproduction, and the signatures shall be attested by a notary or witnessed.(c) Except as provided by Section 7580, a voluntary declaration of parentage takes effect on the filing of the document with the Department of Child Support Services.(d) Except as provided in Sections 7573.5, 7575, 7576, 7577, and 7580, a completed voluntary declaration of parentage that complies with this chapter and that has been filed with the Department of Child Support Services is equivalent to a judgment of parentage of the child and confers on the declarant all rights and duties of a parent.(e) The court shall give full faith and credit to a voluntary declaration of parentage effective in another state if the declaration was in a signed record and otherwise complies with the law of the other state.(f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 209 | 206 | | |
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| 210 | 207 | | 7573. (a) The following persons may sign a voluntary declaration of parentage to establish the parentage of the child:(1) An unmarried woman who gave birth to the child and another person who is a genetic parent.(2) A married or unmarried woman who gave birth to the child and another person who is a parent under Section 7613 of a child conceived through assisted reproduction.(b) A voluntary declaration of parentage shall be in a record signed by the woman who gave birth to the child and by either the only possible genetic parent other than the woman who gave birth or the intended parent of a child conceived through assisted reproduction, and the signatures shall be attested by a notary or witnessed.(c) Except as provided by Section 7580, a voluntary declaration of parentage takes effect on the filing of the document with the Department of Child Support Services.(d) Except as provided in Sections 7573.5, 7575, 7576, 7577, and 7580, a completed voluntary declaration of parentage that complies with this chapter and that has been filed with the Department of Child Support Services is equivalent to a judgment of parentage of the child and confers on the declarant all rights and duties of a parent.(e) The court shall give full faith and credit to a voluntary declaration of parentage effective in another state if the declaration was in a signed record and otherwise complies with the law of the other state.(f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 211 | 208 | | |
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| 212 | 209 | | |
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| 213 | 210 | | |
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| 214 | 211 | | 7573. (a) The following persons may sign a voluntary declaration of parentage to establish the parentage of the child: |
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| 215 | 212 | | |
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| 216 | 213 | | (1) An unmarried woman who gave birth to the child and another person who is a genetic parent. |
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| 217 | 214 | | |
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| 218 | 215 | | (2) A married or unmarried woman who gave birth to the child and another person who is a parent under Section 7613 of a child conceived through assisted reproduction. |
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| 219 | 216 | | |
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| 220 | 217 | | (b) A voluntary declaration of parentage shall be in a record signed by the woman who gave birth to the child and by either the only possible genetic parent other than the woman who gave birth or the intended parent of a child conceived through assisted reproduction, and the signatures shall be attested by a notary or witnessed. |
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| 221 | 218 | | |
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| 222 | 219 | | (c) Except as provided by Section 7580, a voluntary declaration of parentage takes effect on the filing of the document with the Department of Child Support Services. |
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| 223 | 220 | | |
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| 224 | 221 | | (d) Except as provided in Sections 7573.5, 7575, 7576, 7577, and 7580, a completed voluntary declaration of parentage that complies with this chapter and that has been filed with the Department of Child Support Services is equivalent to a judgment of parentage of the child and confers on the declarant all rights and duties of a parent. |
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| 225 | 222 | | |
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| 226 | 223 | | (e) The court shall give full faith and credit to a voluntary declaration of parentage effective in another state if the declaration was in a signed record and otherwise complies with the law of the other state. |
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| 227 | 224 | | |
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| 228 | 225 | | (f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 229 | 226 | | |
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| 230 | 227 | | SEC. 6. Section 7573 is added to the Family Code, to read:7573. (a) The following persons may sign a voluntary declaration of parentage to establish the parentage of the child:(1) An unmarried woman who gave birth to the child and another person who is a genetic parent.(2) A married or unmarried woman who gave birth to the child and another person who is a parent under Section 7613 of a child conceived through assisted reproduction.(b) A voluntary declaration of parentage shall be in a record signed by the woman who gave birth to the child and by either the only possible genetic parent other than the woman who gave birth or the intended parent of a child conceived through assisted reproduction, and the signatures shall be attested by a notary or witnessed.(c) Except as provided by Section 7580, a voluntary declaration of parentage takes effect on the filing of the document with the Department of Child Support Services.(d) Except as provided in Sections 7573.5, 7575, 7576, 7577, and 7580, a completed voluntary declaration of parentage that complies with this chapter and that has been filed with the Department of Child Support Services is equivalent to a judgment of parentage of the child and confers on the declarant all rights and duties of a parent.(e) The court shall give full faith and credit to a voluntary declaration of parentage effective in another state if the declaration was in a signed record and otherwise complies with the law of the other state.(f) Notwithstanding any other law, an authorized signatory or witness under this chapter may sign a voluntary declaration of parentage using an electronic signature only if all of the following requirements of the electronic signature are met:(1) It is unique to the person using it.(2) It is capable of independent verification.(3) It is under the sole control of the person using it.(4) It is linked to data in such a manner that makes evident any tampering or subsequent change or modification to the electronic record that has occurred.(5) If the linked data is changed, the electronic signature is invalidated.(g) This section shall become operative on January 1, 2024. |
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| 231 | 228 | | |
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| 232 | 229 | | SEC. 6. Section 7573 is added to the Family Code, to read: |
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| 233 | 230 | | |
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| 234 | 231 | | ### SEC. 6. |
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| 235 | 232 | | |
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| 236 | 233 | | 7573. (a) The following persons may sign a voluntary declaration of parentage to establish the parentage of the child:(1) An unmarried woman who gave birth to the child and another person who is a genetic parent.(2) A married or unmarried woman who gave birth to the child and another person who is a parent under Section 7613 of a child conceived through assisted reproduction.(b) A voluntary declaration of parentage shall be in a record signed by the woman who gave birth to the child and by either the only possible genetic parent other than the woman who gave birth or the intended parent of a child conceived through assisted reproduction, and the signatures shall be attested by a notary or witnessed.(c) Except as provided by Section 7580, a voluntary declaration of parentage takes effect on the filing of the document with the Department of Child Support Services.(d) Except as provided in Sections 7573.5, 7575, 7576, 7577, and 7580, a completed voluntary declaration of parentage that complies with this chapter and that has been filed with the Department of Child Support Services is equivalent to a judgment of parentage of the child and confers on the declarant all rights and duties of a parent.(e) The court shall give full faith and credit to a voluntary declaration of parentage effective in another state if the declaration was in a signed record and otherwise complies with the law of the other state.(f) Notwithstanding any other law, an authorized signatory or witness under this chapter may sign a voluntary declaration of parentage using an electronic signature only if all of the following requirements of the electronic signature are met:(1) It is unique to the person using it.(2) It is capable of independent verification.(3) It is under the sole control of the person using it.(4) It is linked to data in such a manner that makes evident any tampering or subsequent change or modification to the electronic record that has occurred.(5) If the linked data is changed, the electronic signature is invalidated.(g) This section shall become operative on January 1, 2024. |
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| 237 | 234 | | |
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| 238 | 235 | | 7573. (a) The following persons may sign a voluntary declaration of parentage to establish the parentage of the child:(1) An unmarried woman who gave birth to the child and another person who is a genetic parent.(2) A married or unmarried woman who gave birth to the child and another person who is a parent under Section 7613 of a child conceived through assisted reproduction.(b) A voluntary declaration of parentage shall be in a record signed by the woman who gave birth to the child and by either the only possible genetic parent other than the woman who gave birth or the intended parent of a child conceived through assisted reproduction, and the signatures shall be attested by a notary or witnessed.(c) Except as provided by Section 7580, a voluntary declaration of parentage takes effect on the filing of the document with the Department of Child Support Services.(d) Except as provided in Sections 7573.5, 7575, 7576, 7577, and 7580, a completed voluntary declaration of parentage that complies with this chapter and that has been filed with the Department of Child Support Services is equivalent to a judgment of parentage of the child and confers on the declarant all rights and duties of a parent.(e) The court shall give full faith and credit to a voluntary declaration of parentage effective in another state if the declaration was in a signed record and otherwise complies with the law of the other state.(f) Notwithstanding any other law, an authorized signatory or witness under this chapter may sign a voluntary declaration of parentage using an electronic signature only if all of the following requirements of the electronic signature are met:(1) It is unique to the person using it.(2) It is capable of independent verification.(3) It is under the sole control of the person using it.(4) It is linked to data in such a manner that makes evident any tampering or subsequent change or modification to the electronic record that has occurred.(5) If the linked data is changed, the electronic signature is invalidated.(g) This section shall become operative on January 1, 2024. |
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| 239 | 236 | | |
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| 240 | 237 | | 7573. (a) The following persons may sign a voluntary declaration of parentage to establish the parentage of the child:(1) An unmarried woman who gave birth to the child and another person who is a genetic parent.(2) A married or unmarried woman who gave birth to the child and another person who is a parent under Section 7613 of a child conceived through assisted reproduction.(b) A voluntary declaration of parentage shall be in a record signed by the woman who gave birth to the child and by either the only possible genetic parent other than the woman who gave birth or the intended parent of a child conceived through assisted reproduction, and the signatures shall be attested by a notary or witnessed.(c) Except as provided by Section 7580, a voluntary declaration of parentage takes effect on the filing of the document with the Department of Child Support Services.(d) Except as provided in Sections 7573.5, 7575, 7576, 7577, and 7580, a completed voluntary declaration of parentage that complies with this chapter and that has been filed with the Department of Child Support Services is equivalent to a judgment of parentage of the child and confers on the declarant all rights and duties of a parent.(e) The court shall give full faith and credit to a voluntary declaration of parentage effective in another state if the declaration was in a signed record and otherwise complies with the law of the other state.(f) Notwithstanding any other law, an authorized signatory or witness under this chapter may sign a voluntary declaration of parentage using an electronic signature only if all of the following requirements of the electronic signature are met:(1) It is unique to the person using it.(2) It is capable of independent verification.(3) It is under the sole control of the person using it.(4) It is linked to data in such a manner that makes evident any tampering or subsequent change or modification to the electronic record that has occurred.(5) If the linked data is changed, the electronic signature is invalidated.(g) This section shall become operative on January 1, 2024. |
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| 241 | 238 | | |
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| 242 | 239 | | |
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| 243 | 240 | | |
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| 244 | 241 | | 7573. (a) The following persons may sign a voluntary declaration of parentage to establish the parentage of the child: |
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| 245 | 242 | | |
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| 246 | 243 | | (1) An unmarried woman who gave birth to the child and another person who is a genetic parent. |
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| 247 | 244 | | |
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| 248 | 245 | | (2) A married or unmarried woman who gave birth to the child and another person who is a parent under Section 7613 of a child conceived through assisted reproduction. |
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| 249 | 246 | | |
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| 250 | 247 | | (b) A voluntary declaration of parentage shall be in a record signed by the woman who gave birth to the child and by either the only possible genetic parent other than the woman who gave birth or the intended parent of a child conceived through assisted reproduction, and the signatures shall be attested by a notary or witnessed. |
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| 251 | 248 | | |
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| 252 | 249 | | (c) Except as provided by Section 7580, a voluntary declaration of parentage takes effect on the filing of the document with the Department of Child Support Services. |
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| 253 | 250 | | |
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| 254 | 251 | | (d) Except as provided in Sections 7573.5, 7575, 7576, 7577, and 7580, a completed voluntary declaration of parentage that complies with this chapter and that has been filed with the Department of Child Support Services is equivalent to a judgment of parentage of the child and confers on the declarant all rights and duties of a parent. |
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| 255 | 252 | | |
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| 256 | 253 | | (e) The court shall give full faith and credit to a voluntary declaration of parentage effective in another state if the declaration was in a signed record and otherwise complies with the law of the other state. |
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| 257 | 254 | | |
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| 258 | 255 | | (f) Notwithstanding any other law, an authorized signatory or witness under this chapter may sign a voluntary declaration of parentage using an electronic signature only if all of the following requirements of the electronic signature are met: |
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| 259 | 256 | | |
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| 260 | 257 | | (1) It is unique to the person using it. |
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| 261 | 258 | | |
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| 262 | 259 | | (2) It is capable of independent verification. |
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| 263 | 260 | | |
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| 264 | 261 | | (3) It is under the sole control of the person using it. |
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| 265 | 262 | | |
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| 266 | 263 | | (4) It is linked to data in such a manner that makes evident any tampering or subsequent change or modification to the electronic record that has occurred. |
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| 267 | 264 | | |
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| 268 | 265 | | (5) If the linked data is changed, the electronic signature is invalidated. |
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| 269 | 266 | | |
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| 270 | 267 | | (g) This section shall become operative on January 1, 2024. |
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| 271 | 268 | | |
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| 272 | 269 | | SEC. 7. Section 7574 of the Family Code is amended to read:7574. (a) The voluntary declaration of parentage shall be executed on a form developed by the Department of Child Support Services in consultation with the State Department of Public Health and groups addressing child support, child custody, assisted reproduction issues, and lesbian, gay, bisexual, and transgender rights.(b) The form described in subdivision (a) shall contain, at a minimum, all of the following:(1) The name and the signature of the woman who gave birth to the child.(2) The name and the signature of the person seeking to establish parentage.(3) The name of the child.(4) The date of birth of the child.(5) For a voluntary declaration of parentage signed pursuant to paragraph (1) of subdivision (a) of Section 7573, all of the following:(A) A statement by the woman who gave birth that the woman is unmarried and understands the written materials described in Section 7572, that the person who is signing the voluntary declaration of parentage is the only possible genetic parent other than the woman who gave birth, that the woman who gave birth consents to the establishment of parentage by the genetic parent signing the voluntary declaration of parentage, and that the woman who gave birth understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(B) A statement by the person signing the voluntary declaration of parentage that the person has read and understands the written materials described in Section 7572, understands that by signing the voluntary declaration of parentage the person is waiving rights as described in the written materials, that the person is the genetic parent of the child, that the person consents to the establishment of parentage by signing the voluntary declaration of parentage, that the person is assuming all the rights and responsibilities of a parent and wishes to be named on the childs birth certificate, and that the person understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(6) For a voluntary declaration of parentage signed pursuant to paragraph (2) of subdivision (a) of Section 7573, all of the following:(A) A statement by the woman who gave birth that the woman has read and understands the written materials described in Section 7572, that the person who is signing the voluntary declaration of parentage is the intended parent of a child conceived through assisted reproduction, that the woman who gave birth consents to the establishment of parentage by the other person signing the voluntary declaration of parentage, and that the woman who gave birth understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(B) A statement that the person seeking to establish parentage has read and understands the written materials described in Section 7572, understands that by signing the voluntary declaration of parentage the person is waiving rights as described in the written materials, that the person is the intended parent of the child conceived through assisted reproduction, that the person consents to the establishment of parentage by signing the voluntary declaration of parentage, that the person is assuming all the rights and responsibilities of a parent and wishes to be named on the childs birth certificate, and that the person understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(C) The name and the signature of the person who witnesses the signing of the declaration.(c) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 273 | 270 | | |
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| 274 | 271 | | SEC. 7. Section 7574 of the Family Code is amended to read: |
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| 275 | 272 | | |
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| 276 | 273 | | ### SEC. 7. |
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| 277 | 274 | | |
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| 278 | 275 | | 7574. (a) The voluntary declaration of parentage shall be executed on a form developed by the Department of Child Support Services in consultation with the State Department of Public Health and groups addressing child support, child custody, assisted reproduction issues, and lesbian, gay, bisexual, and transgender rights.(b) The form described in subdivision (a) shall contain, at a minimum, all of the following:(1) The name and the signature of the woman who gave birth to the child.(2) The name and the signature of the person seeking to establish parentage.(3) The name of the child.(4) The date of birth of the child.(5) For a voluntary declaration of parentage signed pursuant to paragraph (1) of subdivision (a) of Section 7573, all of the following:(A) A statement by the woman who gave birth that the woman is unmarried and understands the written materials described in Section 7572, that the person who is signing the voluntary declaration of parentage is the only possible genetic parent other than the woman who gave birth, that the woman who gave birth consents to the establishment of parentage by the genetic parent signing the voluntary declaration of parentage, and that the woman who gave birth understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(B) A statement by the person signing the voluntary declaration of parentage that the person has read and understands the written materials described in Section 7572, understands that by signing the voluntary declaration of parentage the person is waiving rights as described in the written materials, that the person is the genetic parent of the child, that the person consents to the establishment of parentage by signing the voluntary declaration of parentage, that the person is assuming all the rights and responsibilities of a parent and wishes to be named on the childs birth certificate, and that the person understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(6) For a voluntary declaration of parentage signed pursuant to paragraph (2) of subdivision (a) of Section 7573, all of the following:(A) A statement by the woman who gave birth that the woman has read and understands the written materials described in Section 7572, that the person who is signing the voluntary declaration of parentage is the intended parent of a child conceived through assisted reproduction, that the woman who gave birth consents to the establishment of parentage by the other person signing the voluntary declaration of parentage, and that the woman who gave birth understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(B) A statement that the person seeking to establish parentage has read and understands the written materials described in Section 7572, understands that by signing the voluntary declaration of parentage the person is waiving rights as described in the written materials, that the person is the intended parent of the child conceived through assisted reproduction, that the person consents to the establishment of parentage by signing the voluntary declaration of parentage, that the person is assuming all the rights and responsibilities of a parent and wishes to be named on the childs birth certificate, and that the person understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(C) The name and the signature of the person who witnesses the signing of the declaration.(c) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 279 | 276 | | |
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| 280 | 277 | | 7574. (a) The voluntary declaration of parentage shall be executed on a form developed by the Department of Child Support Services in consultation with the State Department of Public Health and groups addressing child support, child custody, assisted reproduction issues, and lesbian, gay, bisexual, and transgender rights.(b) The form described in subdivision (a) shall contain, at a minimum, all of the following:(1) The name and the signature of the woman who gave birth to the child.(2) The name and the signature of the person seeking to establish parentage.(3) The name of the child.(4) The date of birth of the child.(5) For a voluntary declaration of parentage signed pursuant to paragraph (1) of subdivision (a) of Section 7573, all of the following:(A) A statement by the woman who gave birth that the woman is unmarried and understands the written materials described in Section 7572, that the person who is signing the voluntary declaration of parentage is the only possible genetic parent other than the woman who gave birth, that the woman who gave birth consents to the establishment of parentage by the genetic parent signing the voluntary declaration of parentage, and that the woman who gave birth understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(B) A statement by the person signing the voluntary declaration of parentage that the person has read and understands the written materials described in Section 7572, understands that by signing the voluntary declaration of parentage the person is waiving rights as described in the written materials, that the person is the genetic parent of the child, that the person consents to the establishment of parentage by signing the voluntary declaration of parentage, that the person is assuming all the rights and responsibilities of a parent and wishes to be named on the childs birth certificate, and that the person understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(6) For a voluntary declaration of parentage signed pursuant to paragraph (2) of subdivision (a) of Section 7573, all of the following:(A) A statement by the woman who gave birth that the woman has read and understands the written materials described in Section 7572, that the person who is signing the voluntary declaration of parentage is the intended parent of a child conceived through assisted reproduction, that the woman who gave birth consents to the establishment of parentage by the other person signing the voluntary declaration of parentage, and that the woman who gave birth understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(B) A statement that the person seeking to establish parentage has read and understands the written materials described in Section 7572, understands that by signing the voluntary declaration of parentage the person is waiving rights as described in the written materials, that the person is the intended parent of the child conceived through assisted reproduction, that the person consents to the establishment of parentage by signing the voluntary declaration of parentage, that the person is assuming all the rights and responsibilities of a parent and wishes to be named on the childs birth certificate, and that the person understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(C) The name and the signature of the person who witnesses the signing of the declaration.(c) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 281 | 278 | | |
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| 282 | 279 | | 7574. (a) The voluntary declaration of parentage shall be executed on a form developed by the Department of Child Support Services in consultation with the State Department of Public Health and groups addressing child support, child custody, assisted reproduction issues, and lesbian, gay, bisexual, and transgender rights.(b) The form described in subdivision (a) shall contain, at a minimum, all of the following:(1) The name and the signature of the woman who gave birth to the child.(2) The name and the signature of the person seeking to establish parentage.(3) The name of the child.(4) The date of birth of the child.(5) For a voluntary declaration of parentage signed pursuant to paragraph (1) of subdivision (a) of Section 7573, all of the following:(A) A statement by the woman who gave birth that the woman is unmarried and understands the written materials described in Section 7572, that the person who is signing the voluntary declaration of parentage is the only possible genetic parent other than the woman who gave birth, that the woman who gave birth consents to the establishment of parentage by the genetic parent signing the voluntary declaration of parentage, and that the woman who gave birth understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(B) A statement by the person signing the voluntary declaration of parentage that the person has read and understands the written materials described in Section 7572, understands that by signing the voluntary declaration of parentage the person is waiving rights as described in the written materials, that the person is the genetic parent of the child, that the person consents to the establishment of parentage by signing the voluntary declaration of parentage, that the person is assuming all the rights and responsibilities of a parent and wishes to be named on the childs birth certificate, and that the person understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(6) For a voluntary declaration of parentage signed pursuant to paragraph (2) of subdivision (a) of Section 7573, all of the following:(A) A statement by the woman who gave birth that the woman has read and understands the written materials described in Section 7572, that the person who is signing the voluntary declaration of parentage is the intended parent of a child conceived through assisted reproduction, that the woman who gave birth consents to the establishment of parentage by the other person signing the voluntary declaration of parentage, and that the woman who gave birth understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(B) A statement that the person seeking to establish parentage has read and understands the written materials described in Section 7572, understands that by signing the voluntary declaration of parentage the person is waiving rights as described in the written materials, that the person is the intended parent of the child conceived through assisted reproduction, that the person consents to the establishment of parentage by signing the voluntary declaration of parentage, that the person is assuming all the rights and responsibilities of a parent and wishes to be named on the childs birth certificate, and that the person understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(C) The name and the signature of the person who witnesses the signing of the declaration.(c) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 283 | 280 | | |
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| 284 | 281 | | |
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| 285 | 282 | | |
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| 286 | 283 | | 7574. (a) The voluntary declaration of parentage shall be executed on a form developed by the Department of Child Support Services in consultation with the State Department of Public Health and groups addressing child support, child custody, assisted reproduction issues, and lesbian, gay, bisexual, and transgender rights. |
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| 287 | 284 | | |
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| 288 | 285 | | (b) The form described in subdivision (a) shall contain, at a minimum, all of the following: |
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| 289 | 286 | | |
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| 290 | 287 | | (1) The name and the signature of the woman who gave birth to the child. |
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| 291 | 288 | | |
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| 292 | 289 | | (2) The name and the signature of the person seeking to establish parentage. |
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| 293 | 290 | | |
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| 294 | 291 | | (3) The name of the child. |
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| 295 | 292 | | |
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| 296 | 293 | | (4) The date of birth of the child. |
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| 297 | 294 | | |
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| 298 | 295 | | (5) For a voluntary declaration of parentage signed pursuant to paragraph (1) of subdivision (a) of Section 7573, all of the following: |
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| 299 | 296 | | |
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| 300 | 297 | | (A) A statement by the woman who gave birth that the woman is unmarried and understands the written materials described in Section 7572, that the person who is signing the voluntary declaration of parentage is the only possible genetic parent other than the woman who gave birth, that the woman who gave birth consents to the establishment of parentage by the genetic parent signing the voluntary declaration of parentage, and that the woman who gave birth understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration. |
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| 301 | 298 | | |
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| 302 | 299 | | (B) A statement by the person signing the voluntary declaration of parentage that the person has read and understands the written materials described in Section 7572, understands that by signing the voluntary declaration of parentage the person is waiving rights as described in the written materials, that the person is the genetic parent of the child, that the person consents to the establishment of parentage by signing the voluntary declaration of parentage, that the person is assuming all the rights and responsibilities of a parent and wishes to be named on the childs birth certificate, and that the person understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration. |
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| 303 | 300 | | |
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| 304 | 301 | | (6) For a voluntary declaration of parentage signed pursuant to paragraph (2) of subdivision (a) of Section 7573, all of the following: |
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| 305 | 302 | | |
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| 306 | 303 | | (A) A statement by the woman who gave birth that the woman has read and understands the written materials described in Section 7572, that the person who is signing the voluntary declaration of parentage is the intended parent of a child conceived through assisted reproduction, that the woman who gave birth consents to the establishment of parentage by the other person signing the voluntary declaration of parentage, and that the woman who gave birth understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration. |
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| 307 | 304 | | |
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| 308 | 305 | | (B) A statement that the person seeking to establish parentage has read and understands the written materials described in Section 7572, understands that by signing the voluntary declaration of parentage the person is waiving rights as described in the written materials, that the person is the intended parent of the child conceived through assisted reproduction, that the person consents to the establishment of parentage by signing the voluntary declaration of parentage, that the person is assuming all the rights and responsibilities of a parent and wishes to be named on the childs birth certificate, and that the person understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration. |
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| 309 | 306 | | |
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| 310 | 307 | | (C) The name and the signature of the person who witnesses the signing of the declaration. |
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| 311 | 308 | | |
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| 312 | 309 | | (c) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 313 | 310 | | |
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| 314 | 311 | | SEC. 8. Section 7574 is added to the Family Code, to read:7574. (a) The voluntary declaration of parentage shall be executed on a form developed by the Department of Child Support Services in consultation with the State Department of Public Health and groups addressing child support, child custody, assisted reproduction issues, and lesbian, gay, bisexual, and transgender rights.(b) The form described in subdivision (a) shall contain, at a minimum, all of the following:(1) The name and the signature of the woman who gave birth to the child.(2) The name and the signature of the person seeking to establish parentage.(3) The name of the child.(4) The date of birth of the child.(5) For a voluntary declaration of parentage signed pursuant to paragraph (1) of subdivision (a) of Section 7573, all of the following:(A) A statement by the woman who gave birth that the woman is unmarried and understands the written materials described in Section 7572, that the person who is signing the voluntary declaration of parentage is the only possible genetic parent other than the woman who gave birth, that the woman who gave birth consents to the establishment of parentage by the genetic parent signing the voluntary declaration of parentage, and that the woman who gave birth understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(B) A statement by the person signing the voluntary declaration of parentage that the person has read and understands the written materials described in Section 7572, understands that by signing the voluntary declaration of parentage the person is waiving rights as described in the written materials, that the person is the genetic parent of the child, that the person consents to the establishment of parentage by signing the voluntary declaration of parentage, that the person is assuming all the rights and responsibilities of a parent and wishes to be named on the childs birth certificate, and that the person understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(6) For a voluntary declaration of parentage signed pursuant to paragraph (2) of subdivision (a) of Section 7573, all of the following:(A) A statement by the woman who gave birth that the woman has read and understands the written materials described in Section 7572, that the person who is signing the voluntary declaration of parentage is the intended parent of a child conceived through assisted reproduction, that the woman who gave birth consents to the establishment of parentage by the other person signing the voluntary declaration of parentage, and that the woman who gave birth understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(B) A statement that the person seeking to establish parentage has read and understands the written materials described in Section 7572, understands that by signing the voluntary declaration of parentage the person is waiving rights as described in the written materials, that the person is the intended parent of the child conceived through assisted reproduction, that the person consents to the establishment of parentage by signing the voluntary declaration of parentage, that the person is assuming all the rights and responsibilities of a parent and wishes to be named on the childs birth certificate, and that the person understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(C) The name and the signature of the person who witnesses the signing of the declaration. (c) The Department of Child Support Services shall make the declaration of parentage form described in subdivision (a) available as both a paper and an electronic version. The electronic version may include functionality that allows data to be electronically transmitted to the Department of Child Support Services and electronically delivered to the signatories and local child support agency in lieu of mailing or delivering a paper form.(d) This section shall become operative on January 1, 2024. |
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| 315 | 312 | | |
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| 316 | 313 | | SEC. 8. Section 7574 is added to the Family Code, to read: |
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| 317 | 314 | | |
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| 318 | 315 | | ### SEC. 8. |
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| 319 | 316 | | |
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| 320 | 317 | | 7574. (a) The voluntary declaration of parentage shall be executed on a form developed by the Department of Child Support Services in consultation with the State Department of Public Health and groups addressing child support, child custody, assisted reproduction issues, and lesbian, gay, bisexual, and transgender rights.(b) The form described in subdivision (a) shall contain, at a minimum, all of the following:(1) The name and the signature of the woman who gave birth to the child.(2) The name and the signature of the person seeking to establish parentage.(3) The name of the child.(4) The date of birth of the child.(5) For a voluntary declaration of parentage signed pursuant to paragraph (1) of subdivision (a) of Section 7573, all of the following:(A) A statement by the woman who gave birth that the woman is unmarried and understands the written materials described in Section 7572, that the person who is signing the voluntary declaration of parentage is the only possible genetic parent other than the woman who gave birth, that the woman who gave birth consents to the establishment of parentage by the genetic parent signing the voluntary declaration of parentage, and that the woman who gave birth understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(B) A statement by the person signing the voluntary declaration of parentage that the person has read and understands the written materials described in Section 7572, understands that by signing the voluntary declaration of parentage the person is waiving rights as described in the written materials, that the person is the genetic parent of the child, that the person consents to the establishment of parentage by signing the voluntary declaration of parentage, that the person is assuming all the rights and responsibilities of a parent and wishes to be named on the childs birth certificate, and that the person understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(6) For a voluntary declaration of parentage signed pursuant to paragraph (2) of subdivision (a) of Section 7573, all of the following:(A) A statement by the woman who gave birth that the woman has read and understands the written materials described in Section 7572, that the person who is signing the voluntary declaration of parentage is the intended parent of a child conceived through assisted reproduction, that the woman who gave birth consents to the establishment of parentage by the other person signing the voluntary declaration of parentage, and that the woman who gave birth understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(B) A statement that the person seeking to establish parentage has read and understands the written materials described in Section 7572, understands that by signing the voluntary declaration of parentage the person is waiving rights as described in the written materials, that the person is the intended parent of the child conceived through assisted reproduction, that the person consents to the establishment of parentage by signing the voluntary declaration of parentage, that the person is assuming all the rights and responsibilities of a parent and wishes to be named on the childs birth certificate, and that the person understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(C) The name and the signature of the person who witnesses the signing of the declaration. (c) The Department of Child Support Services shall make the declaration of parentage form described in subdivision (a) available as both a paper and an electronic version. The electronic version may include functionality that allows data to be electronically transmitted to the Department of Child Support Services and electronically delivered to the signatories and local child support agency in lieu of mailing or delivering a paper form.(d) This section shall become operative on January 1, 2024. |
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| 321 | 318 | | |
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| 322 | 319 | | 7574. (a) The voluntary declaration of parentage shall be executed on a form developed by the Department of Child Support Services in consultation with the State Department of Public Health and groups addressing child support, child custody, assisted reproduction issues, and lesbian, gay, bisexual, and transgender rights.(b) The form described in subdivision (a) shall contain, at a minimum, all of the following:(1) The name and the signature of the woman who gave birth to the child.(2) The name and the signature of the person seeking to establish parentage.(3) The name of the child.(4) The date of birth of the child.(5) For a voluntary declaration of parentage signed pursuant to paragraph (1) of subdivision (a) of Section 7573, all of the following:(A) A statement by the woman who gave birth that the woman is unmarried and understands the written materials described in Section 7572, that the person who is signing the voluntary declaration of parentage is the only possible genetic parent other than the woman who gave birth, that the woman who gave birth consents to the establishment of parentage by the genetic parent signing the voluntary declaration of parentage, and that the woman who gave birth understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(B) A statement by the person signing the voluntary declaration of parentage that the person has read and understands the written materials described in Section 7572, understands that by signing the voluntary declaration of parentage the person is waiving rights as described in the written materials, that the person is the genetic parent of the child, that the person consents to the establishment of parentage by signing the voluntary declaration of parentage, that the person is assuming all the rights and responsibilities of a parent and wishes to be named on the childs birth certificate, and that the person understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(6) For a voluntary declaration of parentage signed pursuant to paragraph (2) of subdivision (a) of Section 7573, all of the following:(A) A statement by the woman who gave birth that the woman has read and understands the written materials described in Section 7572, that the person who is signing the voluntary declaration of parentage is the intended parent of a child conceived through assisted reproduction, that the woman who gave birth consents to the establishment of parentage by the other person signing the voluntary declaration of parentage, and that the woman who gave birth understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(B) A statement that the person seeking to establish parentage has read and understands the written materials described in Section 7572, understands that by signing the voluntary declaration of parentage the person is waiving rights as described in the written materials, that the person is the intended parent of the child conceived through assisted reproduction, that the person consents to the establishment of parentage by signing the voluntary declaration of parentage, that the person is assuming all the rights and responsibilities of a parent and wishes to be named on the childs birth certificate, and that the person understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(C) The name and the signature of the person who witnesses the signing of the declaration. (c) The Department of Child Support Services shall make the declaration of parentage form described in subdivision (a) available as both a paper and an electronic version. The electronic version may include functionality that allows data to be electronically transmitted to the Department of Child Support Services and electronically delivered to the signatories and local child support agency in lieu of mailing or delivering a paper form.(d) This section shall become operative on January 1, 2024. |
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| 323 | 320 | | |
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| 324 | 321 | | 7574. (a) The voluntary declaration of parentage shall be executed on a form developed by the Department of Child Support Services in consultation with the State Department of Public Health and groups addressing child support, child custody, assisted reproduction issues, and lesbian, gay, bisexual, and transgender rights.(b) The form described in subdivision (a) shall contain, at a minimum, all of the following:(1) The name and the signature of the woman who gave birth to the child.(2) The name and the signature of the person seeking to establish parentage.(3) The name of the child.(4) The date of birth of the child.(5) For a voluntary declaration of parentage signed pursuant to paragraph (1) of subdivision (a) of Section 7573, all of the following:(A) A statement by the woman who gave birth that the woman is unmarried and understands the written materials described in Section 7572, that the person who is signing the voluntary declaration of parentage is the only possible genetic parent other than the woman who gave birth, that the woman who gave birth consents to the establishment of parentage by the genetic parent signing the voluntary declaration of parentage, and that the woman who gave birth understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(B) A statement by the person signing the voluntary declaration of parentage that the person has read and understands the written materials described in Section 7572, understands that by signing the voluntary declaration of parentage the person is waiving rights as described in the written materials, that the person is the genetic parent of the child, that the person consents to the establishment of parentage by signing the voluntary declaration of parentage, that the person is assuming all the rights and responsibilities of a parent and wishes to be named on the childs birth certificate, and that the person understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(6) For a voluntary declaration of parentage signed pursuant to paragraph (2) of subdivision (a) of Section 7573, all of the following:(A) A statement by the woman who gave birth that the woman has read and understands the written materials described in Section 7572, that the person who is signing the voluntary declaration of parentage is the intended parent of a child conceived through assisted reproduction, that the woman who gave birth consents to the establishment of parentage by the other person signing the voluntary declaration of parentage, and that the woman who gave birth understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(B) A statement that the person seeking to establish parentage has read and understands the written materials described in Section 7572, understands that by signing the voluntary declaration of parentage the person is waiving rights as described in the written materials, that the person is the intended parent of the child conceived through assisted reproduction, that the person consents to the establishment of parentage by signing the voluntary declaration of parentage, that the person is assuming all the rights and responsibilities of a parent and wishes to be named on the childs birth certificate, and that the person understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration.(C) The name and the signature of the person who witnesses the signing of the declaration. (c) The Department of Child Support Services shall make the declaration of parentage form described in subdivision (a) available as both a paper and an electronic version. The electronic version may include functionality that allows data to be electronically transmitted to the Department of Child Support Services and electronically delivered to the signatories and local child support agency in lieu of mailing or delivering a paper form.(d) This section shall become operative on January 1, 2024. |
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| 325 | 322 | | |
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| 326 | 323 | | |
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| 327 | 324 | | |
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| 328 | 325 | | 7574. (a) The voluntary declaration of parentage shall be executed on a form developed by the Department of Child Support Services in consultation with the State Department of Public Health and groups addressing child support, child custody, assisted reproduction issues, and lesbian, gay, bisexual, and transgender rights. |
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| 329 | 326 | | |
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| 330 | 327 | | (b) The form described in subdivision (a) shall contain, at a minimum, all of the following: |
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| 331 | 328 | | |
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| 332 | 329 | | (1) The name and the signature of the woman who gave birth to the child. |
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| 333 | 330 | | |
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| 334 | 331 | | (2) The name and the signature of the person seeking to establish parentage. |
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| 335 | 332 | | |
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| 336 | 333 | | (3) The name of the child. |
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| 337 | 334 | | |
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| 338 | 335 | | (4) The date of birth of the child. |
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| 339 | 336 | | |
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| 340 | 337 | | (5) For a voluntary declaration of parentage signed pursuant to paragraph (1) of subdivision (a) of Section 7573, all of the following: |
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| 341 | 338 | | |
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| 342 | 339 | | (A) A statement by the woman who gave birth that the woman is unmarried and understands the written materials described in Section 7572, that the person who is signing the voluntary declaration of parentage is the only possible genetic parent other than the woman who gave birth, that the woman who gave birth consents to the establishment of parentage by the genetic parent signing the voluntary declaration of parentage, and that the woman who gave birth understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration. |
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| 343 | 340 | | |
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| 344 | 341 | | (B) A statement by the person signing the voluntary declaration of parentage that the person has read and understands the written materials described in Section 7572, understands that by signing the voluntary declaration of parentage the person is waiving rights as described in the written materials, that the person is the genetic parent of the child, that the person consents to the establishment of parentage by signing the voluntary declaration of parentage, that the person is assuming all the rights and responsibilities of a parent and wishes to be named on the childs birth certificate, and that the person understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration. |
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| 345 | 342 | | |
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| 346 | 343 | | (6) For a voluntary declaration of parentage signed pursuant to paragraph (2) of subdivision (a) of Section 7573, all of the following: |
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| 347 | 344 | | |
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| 348 | 345 | | (A) A statement by the woman who gave birth that the woman has read and understands the written materials described in Section 7572, that the person who is signing the voluntary declaration of parentage is the intended parent of a child conceived through assisted reproduction, that the woman who gave birth consents to the establishment of parentage by the other person signing the voluntary declaration of parentage, and that the woman who gave birth understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration. |
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| 349 | 346 | | |
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| 350 | 347 | | (B) A statement that the person seeking to establish parentage has read and understands the written materials described in Section 7572, understands that by signing the voluntary declaration of parentage the person is waiving rights as described in the written materials, that the person is the intended parent of the child conceived through assisted reproduction, that the person consents to the establishment of parentage by signing the voluntary declaration of parentage, that the person is assuming all the rights and responsibilities of a parent and wishes to be named on the childs birth certificate, and that the person understands that a challenge by a signatory to a valid declaration of parentage is permitted only under limited circumstances and is barred two years after the effective date of the declaration. |
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| 351 | 348 | | |
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| 352 | 349 | | (C) The name and the signature of the person who witnesses the signing of the declaration. |
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| 353 | 350 | | |
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| 354 | 351 | | (c) The Department of Child Support Services shall make the declaration of parentage form described in subdivision (a) available as both a paper and an electronic version. The electronic version may include functionality that allows data to be electronically transmitted to the Department of Child Support Services and electronically delivered to the signatories and local child support agency in lieu of mailing or delivering a paper form. |
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| 355 | 352 | | |
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| 356 | 353 | | (d) This section shall become operative on January 1, 2024. |
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