Calif. now allows kids more than two parents

SACRAMENTO, Calif. — California Gov. Jerry Brown has signed legislation allowing children to have more than two parents.

Last year, Brown vetoed a similar proposal, citing the potential for unintended consequences.

The new law authorizes a court to recognize more than two parents if endorsing fewer would be “detrimental” to the child. The bill Brown vetoed last year would have provided judges the authority to identify multiple parents if doing so was “required in the best interest of the child.”

State Sen. Mark Leno of San Francisco noted that his measure applies only when more than two people meet the state’s definition of a parent. It does not apply to stepparents, grandparents, girlfriends or caretakers. Leno said he expects the law to be used sparingly, such as when a child could be at risk of unnecessarily entering the foster care system.

“The bill in its essence merely allows for greater judicial discretion,” Leno said. “It’s really about the child and in the best interest of the child.”

Last year’s bill attracted attention after some critics argued it would make it possible for children to have six or even eight parents. Supporters countered that the proposal was intended when a child is at risk of having too few parents.

Leno’s measure grew out of a 2011 case involving a biological mother, her same-sex partner and a man who was the mother’s boyfriend while the partners were temporarily separated. The California Court of Appeal held that courts could not recognize more than two parents even to protect a child from harm.

Four other states and the District of Columbia have also recognized more than two parents.