California Assembly Bill AB891

California 2021-2022 Regular Session

• Introduced: 2/17/21
• Refer: 2/25/21
• Report Pass: 3/11/21
• Refer: 3/15/21
• Report Pass: 3/23/21
• Engrossed: 4/5/21
• Refer: 4/5/21
• Refer: 5/12/21
• Report Pass: 6/8/21
• Enrolled: 6/17/21
• Chaptered: 6/28/21
• Passed: 6/28/21

Caption

Contracts: parental consent.

Impact

The implementation of AB 891 will impact how contracts involving minors are viewed under California law. By explicitly stating that a minor’s representation cannot be used as proof of parental consent, the bill protects minors from entering into potentially exploitative agreements. This legislation aims to prevent situations where a minor might misrepresent their situation or the willingness of their guardians, thereby enhancing the legal safeguards surrounding contractual agreements for vulnerable populations.

Summary

Assembly Bill 891 introduces a critical amendment to California's Civil Code concerning the contractual capabilities of minors. Specifically, the bill adds Section 1568.5, which clarifies that a minor's assertion that their parent or legal guardian has provided consent does not constitute valid consent when forming a contract. This change addresses a significant legal ambiguity regarding the validity of contracts entered into by minors and the representation of parental consent in those scenarios.

Sentiment

The sentiment surrounding AB 891 seems largely supportive, especially from child advocacy groups and legal experts who recognize the importance of protecting minors in contractual situations. They argue that this bill will serve to clarify the existing legal landscape and ensure that minors are not unfairly bound by conditions that they may not fully understand. As such, advocacy for the bill is rooted in a desire for increased protection of minors within legal frameworks.

Contention

While AB 891 has received considerable support, there are potential points of contention to be noted. Some legal professionals express concerns that the bill might complicate certain transactions involving minors, particularly in areas where parental consent is customary. Critics may argue that this could impede minors' ability to engage in everyday contractual relationships, such as with services or activities that require parental consent. Nevertheless, the overarching goal appears to be improving legal clarity and protecting minors.