Bill That Would Allow Third Parent To Care for Child Advances in Legislature

The California Assembly on Monday passed legislation that authorizes judges to stop children from being placed in foster care when another "parent" might exist.

While most children have two parents, some have relationships with more than two adults who meet the legal definition of a parent under California law, according to a news release by Senate Bill 1476 author Sen. Mark Leno (D-San Francisco). His bill gives courts the ability to recognize when a child may have more than two legal parents if doing so is required to protect the child’s best interests.  

The bill is sponsored by the Children’s Advocacy Institute and the National Center for Lesbian Rights.

“We live in a world today where courts are dealing with diverse circumstances that have reshaped California families,” Leno stated. “This legislation gives courts the flexibility to protect the best interests of a child who is being supported financially and emotionally by those parents. It is critical that judges have the ability to recognize the roles of all parents, especially when a family is in distress and a child’s security is a concern.”

SB 1476 does not change who can be a parent under California law. It applies only when there are more than two people who already meet the specific legal requirements to be a parent. The bill also does not change the law to recognize people who are not parents, like stepparents, grandparents, babysitters and other caretakers.

"Families come in many forms, and all children deserve to have their families protected by the law,” said NCLR Family Protection Project Director Cathy Sakimura. "Legal recognition gives children tremendous legal, emotional, financial, and psychological benefits and helps them thrive.”

"Everyone who places the interests of children first and realizes that judges shouldn't be forced to rule in ways that hurt children, should cheer this Assembly vote,” said Ed Howard, senior counsel for the Children’s Advocacy Institute at the University of San Diego School of Law.

A recent California Court of Appeal case, In re M.C., ruled that courts can never recognize more than two parents, regardless of the situation and even if recognizing a third parent would protect the child from harm, according to the news release. In that case, the court concluded that it could not recognize a third parent even if it meant that the child must be placed in foster care instead of being cared for by the parent. The court agreed that there could be cases where recognizing more than two parents would protect a child’s best interests and called upon the Legislature to address this issue. 

Several other states already recognize that a child may have more than two parents, including Delaware, Maine, Pennsylvania, Louisiana, and the District of Columbia.

SB 1476 returns to the Senate for a concurrence vote before heading to the Governor’s desk.

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