AB 848

Current law requires that notice of a termination of parental rights proceeding

be given to certain persons, including to a person who is or may be the father of the

child. Notice is not required to be given to a person who may be the father of a child

conceived as a result of a sexual assault, as evidenced by a physician who attests that

he or she believes that such a sexual assault occurred or by the father's conviction

for a sexual assault that may have led to the child's conception. This bill adds that

this exception to the notice requirement also applies if the court determines that the

person is the father of the child as a result of sexual assault based upon an allegation

and evidence presented by the birth mother.

The bill also removes a provision under current law that the notice exception

does not apply to a person who may be the father of a child conceived as a result of

first or second degree sexual assault of a child if he was under 18 years of age at the

time of the sexual assault. Under current law, a person who has not attained the age

of 19 and has sexual intercourse with a child who is at least 15 years old is guilty of

underage sexual activity. Under the bill, the notice exception does not apply to a

person who may be the father of a child conceived as a result of a third degree sexual

assault, if that sexual assault constituted underage sexual activity.