Bill Strengthening Rights of Non-Biological Parents Passes State Senate

A bill that would strengthen the legal rights of non-biological parents was approved by the state Senate on Friday.

The Protection of Parent-Child Relationships Act, AB 1349, passed the Senate on a 23-14 vote and now awaits a signature from Gov. Jerry Brown.

Written by Assemblyman Jerry Hill, D-San Mateo, and sponsored by Equality California and the Association of California Adoption Lawyers, the bill would allow courts leeway in cases where there is both a non-biological parent who has an established relationship with a child and a man who has signed a voluntary declaration of paternity.

It was written in response to a ruling that said the courts could not recognize a non-biological parent who has raised a child if another man has signed a voluntary paternity declaration, even though the biological father had no relationship with the child and or any intention of raising him.

"Parenting is more than just biology," Hill said. "It's about nurturing and a sacred bond between and a child and a guardian that should not be severed by external forces."

The law would also apply to situations where a same-sex couple has split up and the non-biological parent is seeking legal recognition.

Currently, if a sperm donor has signed a declaration of paternity, the courts could not recognize the non-biological parent.

"It is critical that state courts take into consideration the established relationship between a parent and child when determining legal  parentage," said Equality California Executive Director Roland Palencia.

"This bill would protect families from being broken up by preserving children's established family relationships, and this includes LGBT
families."

- Bay City News