Can a Child Have Too Many Parents?

Currently, California law does not allow more than two legal parents per child.  In response to societal changes, including surrogate births, same-sex parenthood, and assisted reproduction, state Senator, Mark Leno, is advocating legislation that would allow a child to have multiple parents.  His bill provides that if three or more people could not agree on custody of a child, then a judge could split the custody up among all of them.  

The bill does not force judges to do anything, it just gives them other options when trying to decide what is in the best interest of a child.  The bill could benefit children by providing more financial support, health insurance, or social security benefits, and that could reduce a state’s potential financial responsibility.  

Opponents of the legislation argue that Leno’s bill is redefining and “muddy[ing] the waters of family structure.  The speculate that the bill could cause unintended consequences in other areas of law. For example, in a wrongful death of a child with four parents, determining who has a claim could be complicated. They also note that it is hard enough for a child to be split between two parents, and adding more to the mix could do more harm than good. 

See Jim Sanders, California Bill Would Allow a Child to Have More than Two Parents, The Sacramento Bee, July 2, 2012.  

Special thanks to Mark E. Killingsworth (Attorney, Bowman and Brooke LLP) for bringing this article to my attention.