Amended IN Assembly March 18, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 746Introduced by Assembly Member CervantesFebruary 16, 2021 An act to amend Section 9000.5 of the Family Code, relating to adoption. LEGISLATIVE COUNSEL'S DIGESTAB 746, as amended, Cervantes. Adoption: same-sex couples. stepparent adoption.Existing law establishes procedures for stepparent adoptions involving a spouse or partner who gave birth to the child during the marriage or domestic partnership. Among other things, existing law exempts those adoptions from the requirements of a home investigation and a hearing, as well as specified costs, unless the court orders otherwise.This bill would clarify that, in those stepparent adoptions, the parties are not required to have been married for a minimum period of time prior to the adoption being granted.Existing law provides that a birth parent may relinquish a child to the State Department of Social Services, a county adoption agency, or a licensed adoption agency for adoption and establishes procedures for the adoption of that child.This bill would state the intent of the Legislature to enact legislation to make policies relating to child adoption by same-sex couples more accessible, affordable, and equitable.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 9000.5 of the Family Code is amended to read:9000.5. (a) The procedures provided in this section apply to a stepparent adoption where the child was born during the marriage or domestic partnership, including a registered domestic partnership or civil union from another jurisdiction, and either of the following circumstances applies:(1) One of the spouses or partners gave birth to the child.(2) The child was born through a gestational surrogacy process brought about by one or both of the spouses or partners, and the parentage of only one spouse or partner was established pursuant to the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12) or another parentage proceeding related to the surrogacy.(b) (1) The following are not required in stepparent adoptions under this section unless otherwise ordered by the court for good cause:(1)(A) A home investigation pursuant to Section 9001 or a home study.(2)(B) Costs incurred pursuant to Section 9002.(3)(C) A hearing pursuant to Section 9007.(2) In stepparent adoptions under this section, the parties shall not be required to have been married for a minimum period of time prior to the adoption being granted.(c) For stepparent adoptions filed under this section, the following shall be filed with the petition for adoption:(1) A copy of the parties marriage certificate, registered domestic partner certificate, or civil union from another jurisdiction.(2) A copy of the childs birth certificate.(3) Declarations by the parent who gave birth, or who caused the birth through gestational surrogacy, and the spouse or partner who is adopting explaining the circumstances of the childs conception in detail sufficient to identify whether there may be other persons with a claim to parentage of the child who is required to be provided notice of, or who must consent to, the adoption.(d) The court may order a hearing to ascertain whether there are additional persons who must be provided notice of, or who must consent to, the adoption if it appears from the face of the pleadings and the evidence that proper notice or consent have not been provided.(e) The court shall grant the stepparent adoption under this section upon finding both of the following:(1) That the parent who gave birth, or who caused the birth through gestational surrogacy, and the spouse or partner who is adopting were married or in a domestic partnership, including a registered domestic partnership or civil union from another jurisdiction, at the time of the childs birth.(2) Any other person with a claim to parentage of the child who is required to be provided notice of, or who must consent to, the adoption has been noticed or provided consent to the adoption.SECTION 1.It is the intent of the Legislature to enact legislation to make policies relating to child adoption by same-sex couples more accessible, affordable, and equitable.
Amended IN Assembly March 18, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 746Introduced by Assembly Member CervantesFebruary 16, 2021 An act to amend Section 9000.5 of the Family Code, relating to adoption. LEGISLATIVE COUNSEL'S DIGESTAB 746, as amended, Cervantes. Adoption: same-sex couples. stepparent adoption.Existing law establishes procedures for stepparent adoptions involving a spouse or partner who gave birth to the child during the marriage or domestic partnership. Among other things, existing law exempts those adoptions from the requirements of a home investigation and a hearing, as well as specified costs, unless the court orders otherwise.This bill would clarify that, in those stepparent adoptions, the parties are not required to have been married for a minimum period of time prior to the adoption being granted.Existing law provides that a birth parent may relinquish a child to the State Department of Social Services, a county adoption agency, or a licensed adoption agency for adoption and establishes procedures for the adoption of that child.This bill would state the intent of the Legislature to enact legislation to make policies relating to child adoption by same-sex couples more accessible, affordable, and equitable.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Assembly March 18, 2021
Amended IN Assembly March 18, 2021
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 746
Introduced by Assembly Member CervantesFebruary 16, 2021
Introduced by Assembly Member Cervantes
February 16, 2021
An act to amend Section 9000.5 of the Family Code, relating to adoption.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 746, as amended, Cervantes. Adoption: same-sex couples. stepparent adoption.
Existing law establishes procedures for stepparent adoptions involving a spouse or partner who gave birth to the child during the marriage or domestic partnership. Among other things, existing law exempts those adoptions from the requirements of a home investigation and a hearing, as well as specified costs, unless the court orders otherwise.This bill would clarify that, in those stepparent adoptions, the parties are not required to have been married for a minimum period of time prior to the adoption being granted.Existing law provides that a birth parent may relinquish a child to the State Department of Social Services, a county adoption agency, or a licensed adoption agency for adoption and establishes procedures for the adoption of that child.This bill would state the intent of the Legislature to enact legislation to make policies relating to child adoption by same-sex couples more accessible, affordable, and equitable.
Existing law establishes procedures for stepparent adoptions involving a spouse or partner who gave birth to the child during the marriage or domestic partnership. Among other things, existing law exempts those adoptions from the requirements of a home investigation and a hearing, as well as specified costs, unless the court orders otherwise.
This bill would clarify that, in those stepparent adoptions, the parties are not required to have been married for a minimum period of time prior to the adoption being granted.
Existing law provides that a birth parent may relinquish a child to the State Department of Social Services, a county adoption agency, or a licensed adoption agency for adoption and establishes procedures for the adoption of that child.
This bill would state the intent of the Legislature to enact legislation to make policies relating to child adoption by same-sex couples more accessible, affordable, and equitable.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 9000.5 of the Family Code is amended to read:9000.5. (a) The procedures provided in this section apply to a stepparent adoption where the child was born during the marriage or domestic partnership, including a registered domestic partnership or civil union from another jurisdiction, and either of the following circumstances applies:(1) One of the spouses or partners gave birth to the child.(2) The child was born through a gestational surrogacy process brought about by one or both of the spouses or partners, and the parentage of only one spouse or partner was established pursuant to the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12) or another parentage proceeding related to the surrogacy.(b) (1) The following are not required in stepparent adoptions under this section unless otherwise ordered by the court for good cause:(1)(A) A home investigation pursuant to Section 9001 or a home study.(2)(B) Costs incurred pursuant to Section 9002.(3)(C) A hearing pursuant to Section 9007.(2) In stepparent adoptions under this section, the parties shall not be required to have been married for a minimum period of time prior to the adoption being granted.(c) For stepparent adoptions filed under this section, the following shall be filed with the petition for adoption:(1) A copy of the parties marriage certificate, registered domestic partner certificate, or civil union from another jurisdiction.(2) A copy of the childs birth certificate.(3) Declarations by the parent who gave birth, or who caused the birth through gestational surrogacy, and the spouse or partner who is adopting explaining the circumstances of the childs conception in detail sufficient to identify whether there may be other persons with a claim to parentage of the child who is required to be provided notice of, or who must consent to, the adoption.(d) The court may order a hearing to ascertain whether there are additional persons who must be provided notice of, or who must consent to, the adoption if it appears from the face of the pleadings and the evidence that proper notice or consent have not been provided.(e) The court shall grant the stepparent adoption under this section upon finding both of the following:(1) That the parent who gave birth, or who caused the birth through gestational surrogacy, and the spouse or partner who is adopting were married or in a domestic partnership, including a registered domestic partnership or civil union from another jurisdiction, at the time of the childs birth.(2) Any other person with a claim to parentage of the child who is required to be provided notice of, or who must consent to, the adoption has been noticed or provided consent to the adoption.SECTION 1.It is the intent of the Legislature to enact legislation to make policies relating to child adoption by same-sex couples more accessible, affordable, and equitable.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 9000.5 of the Family Code is amended to read:9000.5. (a) The procedures provided in this section apply to a stepparent adoption where the child was born during the marriage or domestic partnership, including a registered domestic partnership or civil union from another jurisdiction, and either of the following circumstances applies:(1) One of the spouses or partners gave birth to the child.(2) The child was born through a gestational surrogacy process brought about by one or both of the spouses or partners, and the parentage of only one spouse or partner was established pursuant to the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12) or another parentage proceeding related to the surrogacy.(b) (1) The following are not required in stepparent adoptions under this section unless otherwise ordered by the court for good cause:(1)(A) A home investigation pursuant to Section 9001 or a home study.(2)(B) Costs incurred pursuant to Section 9002.(3)(C) A hearing pursuant to Section 9007.(2) In stepparent adoptions under this section, the parties shall not be required to have been married for a minimum period of time prior to the adoption being granted.(c) For stepparent adoptions filed under this section, the following shall be filed with the petition for adoption:(1) A copy of the parties marriage certificate, registered domestic partner certificate, or civil union from another jurisdiction.(2) A copy of the childs birth certificate.(3) Declarations by the parent who gave birth, or who caused the birth through gestational surrogacy, and the spouse or partner who is adopting explaining the circumstances of the childs conception in detail sufficient to identify whether there may be other persons with a claim to parentage of the child who is required to be provided notice of, or who must consent to, the adoption.(d) The court may order a hearing to ascertain whether there are additional persons who must be provided notice of, or who must consent to, the adoption if it appears from the face of the pleadings and the evidence that proper notice or consent have not been provided.(e) The court shall grant the stepparent adoption under this section upon finding both of the following:(1) That the parent who gave birth, or who caused the birth through gestational surrogacy, and the spouse or partner who is adopting were married or in a domestic partnership, including a registered domestic partnership or civil union from another jurisdiction, at the time of the childs birth.(2) Any other person with a claim to parentage of the child who is required to be provided notice of, or who must consent to, the adoption has been noticed or provided consent to the adoption.
SECTION 1. Section 9000.5 of the Family Code is amended to read:
### SECTION 1.
9000.5. (a) The procedures provided in this section apply to a stepparent adoption where the child was born during the marriage or domestic partnership, including a registered domestic partnership or civil union from another jurisdiction, and either of the following circumstances applies:(1) One of the spouses or partners gave birth to the child.(2) The child was born through a gestational surrogacy process brought about by one or both of the spouses or partners, and the parentage of only one spouse or partner was established pursuant to the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12) or another parentage proceeding related to the surrogacy.(b) (1) The following are not required in stepparent adoptions under this section unless otherwise ordered by the court for good cause:(1)(A) A home investigation pursuant to Section 9001 or a home study.(2)(B) Costs incurred pursuant to Section 9002.(3)(C) A hearing pursuant to Section 9007.(2) In stepparent adoptions under this section, the parties shall not be required to have been married for a minimum period of time prior to the adoption being granted.(c) For stepparent adoptions filed under this section, the following shall be filed with the petition for adoption:(1) A copy of the parties marriage certificate, registered domestic partner certificate, or civil union from another jurisdiction.(2) A copy of the childs birth certificate.(3) Declarations by the parent who gave birth, or who caused the birth through gestational surrogacy, and the spouse or partner who is adopting explaining the circumstances of the childs conception in detail sufficient to identify whether there may be other persons with a claim to parentage of the child who is required to be provided notice of, or who must consent to, the adoption.(d) The court may order a hearing to ascertain whether there are additional persons who must be provided notice of, or who must consent to, the adoption if it appears from the face of the pleadings and the evidence that proper notice or consent have not been provided.(e) The court shall grant the stepparent adoption under this section upon finding both of the following:(1) That the parent who gave birth, or who caused the birth through gestational surrogacy, and the spouse or partner who is adopting were married or in a domestic partnership, including a registered domestic partnership or civil union from another jurisdiction, at the time of the childs birth.(2) Any other person with a claim to parentage of the child who is required to be provided notice of, or who must consent to, the adoption has been noticed or provided consent to the adoption.
9000.5. (a) The procedures provided in this section apply to a stepparent adoption where the child was born during the marriage or domestic partnership, including a registered domestic partnership or civil union from another jurisdiction, and either of the following circumstances applies:(1) One of the spouses or partners gave birth to the child.(2) The child was born through a gestational surrogacy process brought about by one or both of the spouses or partners, and the parentage of only one spouse or partner was established pursuant to the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12) or another parentage proceeding related to the surrogacy.(b) (1) The following are not required in stepparent adoptions under this section unless otherwise ordered by the court for good cause:(1)(A) A home investigation pursuant to Section 9001 or a home study.(2)(B) Costs incurred pursuant to Section 9002.(3)(C) A hearing pursuant to Section 9007.(2) In stepparent adoptions under this section, the parties shall not be required to have been married for a minimum period of time prior to the adoption being granted.(c) For stepparent adoptions filed under this section, the following shall be filed with the petition for adoption:(1) A copy of the parties marriage certificate, registered domestic partner certificate, or civil union from another jurisdiction.(2) A copy of the childs birth certificate.(3) Declarations by the parent who gave birth, or who caused the birth through gestational surrogacy, and the spouse or partner who is adopting explaining the circumstances of the childs conception in detail sufficient to identify whether there may be other persons with a claim to parentage of the child who is required to be provided notice of, or who must consent to, the adoption.(d) The court may order a hearing to ascertain whether there are additional persons who must be provided notice of, or who must consent to, the adoption if it appears from the face of the pleadings and the evidence that proper notice or consent have not been provided.(e) The court shall grant the stepparent adoption under this section upon finding both of the following:(1) That the parent who gave birth, or who caused the birth through gestational surrogacy, and the spouse or partner who is adopting were married or in a domestic partnership, including a registered domestic partnership or civil union from another jurisdiction, at the time of the childs birth.(2) Any other person with a claim to parentage of the child who is required to be provided notice of, or who must consent to, the adoption has been noticed or provided consent to the adoption.
9000.5. (a) The procedures provided in this section apply to a stepparent adoption where the child was born during the marriage or domestic partnership, including a registered domestic partnership or civil union from another jurisdiction, and either of the following circumstances applies:(1) One of the spouses or partners gave birth to the child.(2) The child was born through a gestational surrogacy process brought about by one or both of the spouses or partners, and the parentage of only one spouse or partner was established pursuant to the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12) or another parentage proceeding related to the surrogacy.(b) (1) The following are not required in stepparent adoptions under this section unless otherwise ordered by the court for good cause:(1)(A) A home investigation pursuant to Section 9001 or a home study.(2)(B) Costs incurred pursuant to Section 9002.(3)(C) A hearing pursuant to Section 9007.(2) In stepparent adoptions under this section, the parties shall not be required to have been married for a minimum period of time prior to the adoption being granted.(c) For stepparent adoptions filed under this section, the following shall be filed with the petition for adoption:(1) A copy of the parties marriage certificate, registered domestic partner certificate, or civil union from another jurisdiction.(2) A copy of the childs birth certificate.(3) Declarations by the parent who gave birth, or who caused the birth through gestational surrogacy, and the spouse or partner who is adopting explaining the circumstances of the childs conception in detail sufficient to identify whether there may be other persons with a claim to parentage of the child who is required to be provided notice of, or who must consent to, the adoption.(d) The court may order a hearing to ascertain whether there are additional persons who must be provided notice of, or who must consent to, the adoption if it appears from the face of the pleadings and the evidence that proper notice or consent have not been provided.(e) The court shall grant the stepparent adoption under this section upon finding both of the following:(1) That the parent who gave birth, or who caused the birth through gestational surrogacy, and the spouse or partner who is adopting were married or in a domestic partnership, including a registered domestic partnership or civil union from another jurisdiction, at the time of the childs birth.(2) Any other person with a claim to parentage of the child who is required to be provided notice of, or who must consent to, the adoption has been noticed or provided consent to the adoption.
9000.5. (a) The procedures provided in this section apply to a stepparent adoption where the child was born during the marriage or domestic partnership, including a registered domestic partnership or civil union from another jurisdiction, and either of the following circumstances applies:
(1) One of the spouses or partners gave birth to the child.
(2) The child was born through a gestational surrogacy process brought about by one or both of the spouses or partners, and the parentage of only one spouse or partner was established pursuant to the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12) or another parentage proceeding related to the surrogacy.
(b) (1) The following are not required in stepparent adoptions under this section unless otherwise ordered by the court for good cause:
(1)
(A) A home investigation pursuant to Section 9001 or a home study.
(2)
(B) Costs incurred pursuant to Section 9002.
(3)
(C) A hearing pursuant to Section 9007.
(2) In stepparent adoptions under this section, the parties shall not be required to have been married for a minimum period of time prior to the adoption being granted.
(c) For stepparent adoptions filed under this section, the following shall be filed with the petition for adoption:
(1) A copy of the parties marriage certificate, registered domestic partner certificate, or civil union from another jurisdiction.
(2) A copy of the childs birth certificate.
(3) Declarations by the parent who gave birth, or who caused the birth through gestational surrogacy, and the spouse or partner who is adopting explaining the circumstances of the childs conception in detail sufficient to identify whether there may be other persons with a claim to parentage of the child who is required to be provided notice of, or who must consent to, the adoption.
(d) The court may order a hearing to ascertain whether there are additional persons who must be provided notice of, or who must consent to, the adoption if it appears from the face of the pleadings and the evidence that proper notice or consent have not been provided.
(e) The court shall grant the stepparent adoption under this section upon finding both of the following:
(1) That the parent who gave birth, or who caused the birth through gestational surrogacy, and the spouse or partner who is adopting were married or in a domestic partnership, including a registered domestic partnership or civil union from another jurisdiction, at the time of the childs birth.
(2) Any other person with a claim to parentage of the child who is required to be provided notice of, or who must consent to, the adoption has been noticed or provided consent to the adoption.
It is the intent of the Legislature to enact legislation to make policies relating to child adoption by same-sex couples more accessible, affordable, and equitable.