In California, there’s a particular higher restrict on what number of dad and mom anyone little one can have: 2. State Senator Mark Leno launched a invoice, SB 1476, which blows the lid off that arbitrary quantity. It’s a big and vital step in the best course and has already handed the California State Senate (24-13) and has gotten an o.okay. to go in direction of the Meeting earlier than being anointed the legislation of the land.Underneath California legislation, solely sure dad and mom deserve authorized recognition. Authorized recognition results in safety of the connection between the mother or father and little one and has huge penalties, together with the best to visitation, custody, and little one help. The present formulation of the legislation (typically talking) states that solely sure males are presumed to be the daddy of a kid: (1) one who was married to and residing with the kid’s mom on the time of start, (2) one who indicators a voluntary declaration of paternity (POP Dec), (3) one who tried to marry the mom earlier than or after start, (4) one who receives the kid into his dwelling and holds out that little one as his personal.So, what occurs when a mother and the organic father signal a POP Dec however mother is married to a different man? Or a organic father who executes a POP Dec is a sperm donor, however mother is a lesbian and raises the kid along with her registered home companion? Or when mother’s boyfriend (not bio-dad) indicators a POP Dec, marries mother, after which bio-dad petitions the court docket for genetic testing?A large number ensues, one which has long-lasting and devastating penalties for the kid. The legislation because it at the moment stands prioritizes outmoded assumptions of adults over significance of the bonds between kids and the adults of their lives.In household legislation circumstances, the authorized normal that governs most cases involving the care and custody of kids is one of the best curiosity of the kid. For too lengthy, relating to the edge query of who’re the dad and mom, California (and all states) have put arbitrary numbers and outdated and misplaced assumptions on the middle of a kid’s life. SB 1476, fortunately, places one of the best curiosity of the kid entrance and middle once more. It authorizes the court docket to find out {that a} little one has greater than two dad and mom if doing so is in one of the best curiosity of the kid “based on the nature, duration, and quality of the presumed or claimed parents relationships with the child and the benefit or detriment to the child of continuing those relationships.”
