Can a Child Have More Than Two Parents?

How many parents a child can have is an age-old debate that has recently been refueled by a bill that is making its way through the California legislature. California is a State with a habit of ruffling people’s feathers and they are at it yet again with SB 1476. The “multiple parent bill” is introduced by State Senator Mark Leno, and is currently in the middle of legislation process. The bill allows the courts to legally declare a child has more than two parents if the courts deem it best for the child’s well-being. This bill applies equally to men and women as it does to homosexual and heterosexual couples.

Leno was inspired to create this bill by an incident that happened in 2011 involving a young California girl, her two mothers, and her father. One mother went to prison and her other mother went to the hospital. The two women were in a relationship and the two legal parents of the young girl. When both of her legal parents became unable to care for their child, the young girl was put into State custody. Her father, the man who had helped conceive the child and acted as a third parent, fought for custody of her, but because of California law, he was denied custody and the girl remained in State custody. Even though he acted as a parent to her, he was not legally recognized as one of her parents because California law only allows a child two parents. Had California law allowed a child three or more parents, she would not have fallen into State custody and would have gone into the custody of her father.

Contrary to what the opposing side has said, this bill does not seek to "redefine" or "attack" the nuclear family model, or traditional family model if you prefer to call it that. The nuclear/traditional family model is a family consisting of a mother, a father, and their children. It is often considered the "norm" for society, making any other family model often be seen as "unconventional". This bill does also not legalize polygamy. While SB 1476 does benefit polygamist/polyamorous families, it was not created to be specifically directed at them and does not legalize their marriage. In fact, this bill has very little to do with marriage at all.

What this bill ultimately seeks to do is to help our children by giving them more financial and emotional support by allowing them more legally recognized parents. What this bill does is remove the "two parent per child cap" that is present under current California law. Current State law is clear about how many parents a child may have: just two. A child is only allowed two people to be legally recognized as their parents at one time, no more than that. If this bill is passed into law, that cap shall be removed and allow a child to have three or more parents should the courts agree. This bill does not expand or alter the definition of what qualifies someone as a parent but simply allows a child more parents.

It will not be an easy task to get a child another parent, it would require going through the courts which can end up taking a long while for a case to be completed. A child may only get another legally recognized parent if a judge agrees that it is in that child's best interest and gives permission to the family. The bill specifically instructs that a child should only get another parent if it would be in that child's best interest.

As Leno has mentioned, another thing this bill seeks to do is to keep children out of the foster system. If a child has more than two legally recognized parents, the chances of them falling into the foster system go down. If the child's two main parents become unable to care for that child for any reason, the child would have a third (and possibly fourth) parent to fall back on to escape falling into the foster care system. The Senator hopes that this bill will help move children into a loving home instead of forcing them into the foster care system should something happen to their two main parents.

In a fast-changing world, a bill like this may be very necessary to give help and protection to people as more families step away from the nuclear model. Unconventional families are on the rise in the U.S in many situations varying from such situations as a child having same-sex parents to a child having a step-parent. This bill will benefit possibly hundreds of unconventional California families get more protection and financial and emotional support for their children. If it passes, the bill has a potential to start a trend in the U.S, perhaps leading more States to follow suit and embrace unconventional family models.

There are a number of situations where this bill can be beneficial. Here are just a few examples:

  • A family where a man began dating a woman while she was pregnant then raised that child with her for seven years. The youth also had a parental relationship with the biological father. The child would be able to legally have one mother and two fathers.
  • A same-sex couple, who asked a close male friend to help them conceive, then decided that all three would raise the child together. The child would be able to legally have two mothers and one father.
  • A divorce where a woman and her second husband were the legal parents of a child, but the biological father maintained close ties as well. The child would be able to legally have two fathers and one mother.
  • A polyamorous family where a woman, a man, and another woman are all in a loving relationship together. The child would be able to legally have two mothers and a father.

Overall, this bill was proposed in good nature with the intent to provide the best for a family's children. But even through all the good, this bill may have a few negative, unintended consequences. However, with work, these consequences can be worked out and resolved. Whether or not these consequences pose great enough problems to the point where this bill should not be passed is up to the individual to decide for themselves. I, personally, am in full support of this bill and hope to see it be passed into law.

As of August 6, 2012, this bill has passed through the Judiciary Committee and is awaiting a vote from the State Assembly.

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