Measure to Provide Equal Treatment to Children Born to Same-Sex Couples Passes Assembly Committee

Wednesday, April 11, 2018

SACRAMENTO – Legislation to provide the same legal protection to children of same-sex couples as is afforded to other families passed the Assembly Judiciary Committee yesterday on a 9-0 vote. The measure, AB 2684, authored by Assemblymember Richard Bloom (D-Santa Monica), makes various statutory changes to update California’s Uniform Parentage Act (UPA), which was implemented to extend the parent and child relationship equally to every child and to every parent, regardless of the martial status of the parents.

“Since state law – and not federal law – determines who is a parent and each state has its own set of laws, it is vital that California update the UPA to ensure protection for same-sex couples and their families,” said Bloom. “AB 2684 fills in gaps in the law to protect all families in California, particularly same-sex couples.”

Adopted in 1975, California’s existing parentage statutes are based on the original 1973 UPA.  A core goal of the original 1973 UPA was to eliminate the discriminatory treatment of nonmarital children. Since 1975, there have been various recommendations by the Uniform Law Commission (ULC), a non-partisan panel of lawyers, which provides states with research and draft legislation in order to promote enactment of uniform state laws.  

AB 2684 seeks to update the UPA in several ways. First, it seeks to provide equal treatment to children born to same-sex couples by updating terms, presumptions, and statutory provisions to ensure that parents and children are treated equally, regardless of whether the children are born to same-sex or opposite-sex couples. Next, the bill updates how genetic testing provisions to clarify that they apply equally to men and women. Finally, AB 2684 creates a process whereby children conceived with donated sperm or ova can get medical information about the donor and may, at 18 years of age if the donor agrees, receive identifying information about the donor.

“California has long been a trail-blazer in protecting LGBT individuals and their children,” said Bloom. “This bill ensures that we continue on that path, by updating our laws to reflect current culture and technology.”

AB 2684 is co-sponsored by the National Center for Lesbian Rights and Equality California. The bill now heads to the Assembly Appropriations Committee.

Richard Bloom represents California’s 50th Assembly District, which comprises the communities of Agoura Hills, Bel Air, Beverly Hills, Brentwood, Hollywood, Malibu, Pacific Palisades, Santa Monica, Topanga, West Hollywood, and West Los Angeles.