Parents Betrayed: Newsom’s AB 495 Lets Anyone Pose as Your Child’s Guardian

California Legal Council | October 13, 2025
Original article can be viewed HERE

Governor Gavin Newsom has once again proven his contempt for California parents. Yesterday afternoon, he signed AB 495, a bill that fundamentally undermines parental rights and opens the door for abuse, kidnapping, and government interference in family life, all while claiming it “protects parents and children.”

After months of warnings from parental rights advocates, faith communities, and constitutional attorneys, Newsom ignored every concern. In a calculated act of deception, his office released a statement claiming AB 495 safeguards parental authority. In reality, this law allows any adult, without verification, without parental consent, and without even notifying parents, to make medical and educational decisions for a child.

CFC President: Newsom’s Assault on Parental Rights Endangers Children
“Governor Newsom is deliberately trying to deceive parents by claiming this bill protects them, when in fact it does the opposite,” said Jonathan Keller, President of California Family Council. “AB 495 strips parents of their constitutional rights and hands them over to unverified strangers. It is unconstitutional, it is illegal, and no school or medical facility should recognize or accept the authority of a Caregiver’s Authorization Affidavit without a verified signature from a parent or legal guardian. Newsom knows exactly what this bill does, but he’s hoping the press and the public won’t read it for themselves.”

Despite claims to the contrary, AB 495 allows ANY adult to use the new Caregiver Authorization Affidavit as “sufficient to authorize enrollment of a minor in school and authorize school-related medical care.” Then any adult claiming to be a relative within five degrees of kinship can sign a Caregiver Authorization Affidavit giving them the ability to “authorize any other medical care.” And all this can be done with no parent signature, no notary, no verification, and no parent notification required. This law will allow unvetted adults to make medical decisions, enroll children in school, and act as de facto guardians, even though parents would remain legal guardians.

Legal Experts Warn: “A Child Predator’s Dream Bill”
“Governor Newsom deceptively describes AB 495 as a caregiver planning tool for undocumented immigrant parents. It’s more accurately described as a child trafficker’s and child predator’s dream bill,” said Dean Broyles, Esq., President and Chief Counsel of the National Center for Law & Policy. “Its sweeping application is not limited to immigrant families, does not require any parental notice or consent, and lacks even the most basic safeguards to protect children. Anyone falsely claiming kinship can easily sign the affidavit, access a child, obtain medical care, and enroll them in another school. Even the most basic safeguard of a notary is not required to confirm the true identity of the person accessing your child. AB 495 violates fundamentally constitutionally protected parental rights, endangers California’s children, and will be appropriately legally challenged and struck down.”

“With AB 495, state-sanctioned kidnapping is now legal,” warned Julianne Fleischer, Senior Legal Counsel at Advocates for Faith & Freedom. “This is more than overreach — it is a betrayal of families and a blatant disregard for parental rights. This unprecedented intrusion into parental rights marks a deeply concerning moment for our state — one for which Gavin Newsom must answer.”

“Governor Newsom’s actions define him, not his smooth talk and 100-watt smile,” added Erin Friday, Esq., President of Our Duty – USA. “Behind that veneer, is a man who consistently signs bills that eviscerate parental rights. Handing a child over to an adult five degrees separated by marriage, divorce, or blood based upon an unverified one-page document without any pre-authorization of the parents, is beyond the pale.”

CFC Calls for Defiance and Parental Vigilance
California Family Council is calling on schools, hospitals, and clinics to refuse to accept any Caregiver Authorization Affidavit that is not verified or notarized by the child’s legal parent or guardian.

“Governor Newsom may have signed this bill into law,” Keller said, “but parents are under no moral or legal obligation to accept its legitimacy. This bill violates both the Constitution and common sense. No one, not a school administrator, not a doctor, not a government bureaucrat, has the right to override a mother or father’s authority.”

CFC urges parents to take immediate action to protect their families:

Update emergency contact lists at schools and medical offices to include ONLY those adults you trust to make educational and medical decisions for your child.
Submit written directives stating that NO ONE outside your listed contacts is authorized to pick up or make decisions for your child.
Support efforts to legally challenge AB 495 and restore parental rights in California law.
“This coalition will not rest,” Keller concluded. “We will work with our partners, our attorneys, and thousands of California parents to overturn this unconstitutional law. Parents, not politicians, are the rightful guardians of their children.”

Parents Betrayed: Newsom’s AB 495 Lets Anyone Pose as Your Child’s Guardian

Parents Betrayed: Newsom’s AB 495 Lets Anyone Pose as Your Child’s Guardian

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