California bill could allow more than two parents per child
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| SACRAMENTO, Calif.
Beaver had June and Ward.
Ricky had Ozzie and Harriet.
Mom and Dad, same-sex couples or blended families, California law is clear: No more than听two听legal听parentsper child.
When adults fight over parenthood, a judge must decide which听two听have that right and responsibility 鈥 but that could end soon.
State Sen. Mark Leno is pushing legislation to allow a child to have multiple听parents.
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鈥淭he bill brings California into the 21st century, recognizing that there are more than Ozzie and Harriet families today,鈥 the San Francisco Democrat said.
Surrogate births, same-sex parenthood and assisted reproduction are changing society by creating new possibilities for nontraditional households and relationships.
Benjamin Lopez, legislative analyst for the Traditional 海角大神 Coalition, blasted Leno鈥檚 bill as a new attempt to 鈥渞evamp, redefine and muddy the waters鈥 of family structure by a leader in the drive to legalize gay marriage.
鈥淚t comes as no surprise that he would try to say that a child has more than听two听parents听鈥 that鈥檚 absurd,鈥 said Lopez, whose group calls itself a leading voice for Bible-based values.
Under Leno鈥檚 bill, if three or more people who acted as听parents听could not agree on custody, visitation and child support, a judge could split those things up among them.
SB 1476 is not meant to expand the definition of who can qualify as a听parent, only to eliminate the limit of听twoper child.
Under current law, a听parent听can be a man who signs a voluntary declaration of paternity, for example. It also can be a man who was married and living with a child鈥檚 mother, or who took a baby into his home and represented the infant as his own.
Leno鈥檚 bill, which has passed the Senate and is now in the Assembly, would apply equally to men or women, and to straight or gay couples.
Examples of three-parent relationships that could be affected by SB 1476 include:
鈥擜 family in which a man began dating a woman while she was pregnant, then raised that child with her for seven years. The youth also had a听parental听relationship with the biological father.
鈥擜 same-sex couple who asked a close male friend to help them conceive, then decided that all three would raise the child.
鈥擜 divorce in which a woman and her second husband were the legal听parents听of a child, but the biological father maintained close ties as well.
SB 1476 stemmed from an appellate court case last year involving a child鈥檚 biological mother, her same-sex partner, and a man who had an affair with the biological mother and impregnated her while she was separated temporarily from her female lover.
Designating multiple听parents听in such cases could enhance the child鈥檚 prospects for financial support, health insurance or Social Security benefits, thus reducing the state鈥檚 potential financial responsibility, supporters say.
In bitter breakups involving听two听unfit or incapacitated听parents, a judge might have more flexibility to keep a child out of foster care by recognizing the existence of another听parent, Leno contends.
The key factor is a child鈥檚 best interest: SB 1476 does not force judges to do anything, it only provides them with discretion to recognize multiple听parents听if doing so not only is beneficial, but is required for a child鈥檚 well-being, Leno said.
Californians give judges great power to split families with the stroke of a pen, so there is a duty to do it right, said Ed Howard, senior counsel for the Children鈥檚 Advocacy Institute at the University of San Diego School of Law. 鈥淎nd we can鈥檛 get it right if we鈥檙e forcing judges to rule against their judgment.鈥
Opponents counter that the issue is complex and that allowing multiple听parents听in one section of law inevitably raises questions that could spark litigation in other sections.
Tax deductions, citizenship, probate, public assistance, school notifications and Social Security rights all can be affected by determinations of parenthood, notes the Association of Certified Family Law Specialists.
鈥淭his bill, in our opinion, if passed, will cause significant unintended consequences,鈥 said Diane Wasznicky, the group鈥檚 president and a family law attorney in Sacramento.
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Assemblyman Donald Wagner, an Irvine Republican who opposes SB 1476, noted it could spark litigation, say, in a case of a wrongful death of a child with four potential听parents听and determining who has a claim.
Karen Anderson, of the California Protective听Parents听Association, said the legislation could result in a child being bounced among multiple adults in a bitter family breakup.
鈥淚t鈥檚 hard enough for children to be split up听two听ways, much less multiple ways,鈥 she said.
Attorney Catherine Sakimura of the National Center for Lesbian Rights, a co-sponsor of SB 1476, said judges would be required under the bill to consider a child鈥檚 stability in awarding custody and visitation.
SB 1476 states that concerns about child stability 鈥渕ay mean that not all听parents听share legal or physical custody.鈥
Wasznicky counters that it makes no sense to declare someone a听parent, essential to a youngster鈥檚 well-being, but then 鈥渃ut that person out鈥 of the kid鈥檚 life.
鈥淓ither someone is vital enough in a child鈥檚 life to be labeled a 鈥榩arent鈥 and have certain rights and obligations to the child, or the person is not,鈥 she contends.
Ellen Pontac, a Davis, Calif., gay-rights activist, said she and her wife, Shelly Bailes, each had听two听children when they began their relationship 38 years ago. She understands how someone can function as a child鈥檚parent听but accrue no legal rights. Government should accommodate changing times, she said.
鈥淚 just think that people should be able to create their own lives,鈥 she said.