Parentage Bill (SB 1476) Passes Assembly

SB 1476 (Leno) passed through the Assembly and is now awaiting approval by the State Senate. SB 1476, which would amend and add to the Family Code, would permit a court, in appropriate cases, to find that a child has more than two legal parents.

Current law allows a child to have only two legal parents. SB 1476 would allow a court to determine that a child has more than two natural or adoptive parents if it is "required to serve the best interests of the child." The court, in determining the best interests of the child, looks to the nature, duration, and quality of the presumed parents' relationship with the child, and the benefit or detriment to the child of continuing those relationships. If the child has more than two legal parents, not all parents are required to share legal or physical custody of that child.

The determination that a child has more than two parents has potential ramifications for school districts as well. Obviously districts are required with certain parental notification and participation requirements, from notifying parents of IEP meetings, to school choice, to providing student records. Involving more than two parents in this process is something that may come about if SB 1476 is chaptered into law. Currently, Education Code section 51101 discussed parental rights relating to their child's education.

More information about SB 1476 can be accessed here.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Kronick, Moskovitz, Tiedemann & Girard | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.