Bill > AB115

Introduced Session

Legislative Counsel's Digest: Existing law provides the manners in which the legal relationship of a mother 1 and child can be established, including: (1) except in the case of a gestational 2 agreement, proof that a woman gave birth to a child; (2) an adjudication that a 3 woman is the mother of a child; (3) proof that a woman has adopted a child; (4) an 4 unrebutted presumption of a woman s maternity; (5) the consent of a woman to 5 assisted reproduction that resulted in the birth of a child; or (6) an adjudication 6 confirming a woman as a parent of a child born to a gestational carrier. (NRS 7 126.041) Existing law also provides the manners in which the legal relationship of 8 a father and child can be established, including: (1) an adjudication that a man is 9 the father of a child; (2) proof that a man has adopted a child; (3) the consent of a 10 man to assisted reproduction that resulted in the birth of a child; (4) an adjudication 11 confirming a man as a parent of a child born to a gestational carrier; (5) a 12 presumption of paternity that arises if a man was married to or cohabiting with the 13 natural mother of a child or resides with and holds out a child as his natural child; 14 (6) genetic testing establishing a man as the father of a child; or (7) a voluntary 15 acknowledgment of paternity by a man. (NRS 126.041, 126.051, 126.053) 16 Section 2of this bill authorizes a court to determine that more than two people 17 have a parent and child relationship with a child if the court finds that recognizing 18 only two people as having a parent and child relationship with the child will be 19 detrimental to the child. Section 2requires a court to consider all relevant factors 20 when making such a determination, including the harm that may occur to a child by 21 removing him or her from a stable environment with a person who has fulfilled the 22 physical needs of the child and psychological needs of the child for care and 23 affection and has assumed that role for a substantial period. 24 If a court determines pursuant to section 2that a child has more than two 25 parents: (1) section 1of this bill requires a court that is making a determination 26 regarding the legal or physical custody of the child to allocate custody and 27 visitation among the parents based on the best interest of the child; (2) section 4of 28 this bill prohibits a court from granting a petition for adoption of a child unless each 29 parent of the child provides his or her written consent; and (3) section 6of this bill 30 provides that, with respect to the termination of parental rights, if the mother of the 31 child relinquishes or proposes to relinquish the child for adoption and all other 32 parents have not consented to the adoption or relinquished the child for adoption, 33 the court must determine whether any such parent and child relationship should be 34 terminated. 35 Section 8of this bill generally provides that, for the purposes of the Nevada 36 Revised Statutes, if a court determines pursuant to section 2that a child has more 37 than two parents, any reference to: (1) the parents of a child must be interpreted to 38 include any person whom a court has determined to be a parent of the child; and (2) 39 a parent of a child must be interpreted to include any person whom a court has 40 determined to be a parent of a child and to whom the reference can logically be 41 applied. 42 Existing law requires: (1) the Administrator of the Division of Welfare and 43 Supportive Services of the Department of Health and Human Services to adopt 44 regulations that establish the guidelines in this State for the support of one or more 45 children; and (2) the Committee to Review Child Support Guidelines to review 46 such guidelines not less than quadrennially. (NRS 425.620) Existing law requires 47 courts to apply such guidelines to determine the amount of required support in any 48 case involving the support of children or to change the amount of required support. 49 (NRS 125B.080) Section 9of this bill requires the Committee to: (1) review the 50 guidelines not later than 90 days after the effective date of this bill for the purpose 51 of determining the amount of required support in cases in which a court determines 52 that a child has more than two parents; and (2) provide any recommendations for 53 revisions to the guidelines to the Administrator. Section 9also requires the 54 Administrator to review and consider any recommendations of the Committee and 55 revise or adopt any necessary regulations. 56 WHEREAS, Most children have two parents, but in rare cases, a 1 child has more than two people who are that child s parent in every 2 way; and 3 WHEREAS, Separating a child from a parent has a devastating 4 psychological and emotional impact on the child, and courts must 5 have the power to protect children from such harm; and 6 WHEREAS, This act does not change any of the requirements for 7 establishing a claim to parentage, but rather provides that if more 8 than two people have claims to parentage, a court may determine 9 that a child has more than two parents if recognizing only two 10 people as having a parent and child relationship with the child will 11 be detrimental to the child; and 12 WHEREAS, It is the intent of the Legislature that the amendatory 13 provisions of this act will only apply in the rare cases where a child 14 truly has more than two parents, and a finding that a child has more 15 than two parents is necessary to protect the child from the detriment 16 of being separated from one of his or her parents; now, therefore, 17 SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: 20 Section 1. Chapter 125C of NRS is hereby amended by adding 22 thereto a new section to read as follows: 23 Notwithstanding any other provision of law, if a court 24 determines pursuant to section 2 of this act that more than two 25 people have a parent and child relationship with a child, a court 26 making a determination regarding the legal or physical custody of 27 the child shall allocate custody and visitation among the parents 28 based on the best interest of the child, including, without 29 limitation, by addressing the need of the child for continuity and 30 stability by preserving established patterns of care and emotional 31 bonds. This section must not be construed to require a court to 32 order that all parents share legal or physical custody of a child. 33 Sec. 2. Chapter 126 of NRS is hereby amended by adding 34 thereto a new section to read as follows: 35 1. A court may determine that more than two people have a 36 parent and child relationship with a child if the court finds that 37 recognizing only two people as having a parent and child 38 relationship with the child will be detrimental to the child. 39 2. In making a determination pursuant to subsection 1, a 40 court shall consider all relevant factors, including, without 41 limitation, the harm that may occur to a child by removing the 42 child from a stable environment with a person who has fulfilled 43 the physical needs of the child and the psychological needs of the 44 child for care and affection and has assumed that role for a 1 substantial period. 2 3. A finding of the unfitness of a parent or person with a 3 claim to parentage is not required for a court to make a finding 4 pursuant to subsection 1 that recognizing only two people as 5 having a parent and child relationship with the child will be 6 detrimental to the child. 7 4. Unless otherwise specified by a court or expressly provided 8 by law, any person who is determined by a court to have a parent 9 and child relationship with a child: 10 (a) Is entitled to and possesses all privileges, rights, benefits 11 and protections provided to parents under the laws of this State; 12 and 13 (b) Possesses all responsibilities, obligations and duties 14 imposed on parents under the laws of this State. 15

AI Summary

Committee Categories

Nicole Cannizzaro (D)*,  Cecelia González (D)*,  Rochelle Nguyen (D)*,  Sarah Peters (D)*,  Melanie Scheible (D)*,  Christopher Brooks (D),  Selena Torres-Fossett (D),  Howard Watts (D), 

Chapter 512. (on 06/14/2021)

Official Document