Gavin Newsom Signs “State-Sanctioned Kidnapping” Law, Continues Assault on Parental Rights

A new law signed by California Democrat Governor Gavin Newsom allows virtually anyone to claim to be the guardian of a child and facilitate medical care on their behalf, a situation critics warn amounts to “state-sanctioned kidnapping.” The legislation is just the latest assault on parental rights by Golden State Democrats.

Assembly Bill 495, signed by Newsom on October 12, allows a relative within five degrees of kinship to declare themselves the guardian of a child and “authorize school-related medical care.” The law also allows for general “medical care” decisions to be made by the alleged caregiver.

Supporters of the law have billed it as a way to protect the children of illegal aliens in the event their parents are deported. The bill “supports parents’ rights and ensures educational institutions are equipped to support families in times of crisis,” Newsom claimed in a signing statement.

Supporters similarly said the law is important for “family preparedness” and to protect against what they call President Trump’s unjust enforcement of the country’s immigration laws. California Parent Teacher Association President Heather Ippolito said the change “reduces trauma when parents face unforeseen crises, such as immigration actions, protecting the well-being of California’s most vulnerable youth.”

But neither Newsom nor any other California Democrat has been able to cite even one case of a child being abandoned at school because his or her parents are deported. While the bill may be a clumsy attempt to score cheap political points against the Trump administration, it has real and potentially dire consequences for the safety of children.

Under the provisions of the law, anyone can fill out a form declaring themselves to be a child’s caregiver as long as they claim to be related. There is no way to verify this, and it seems unlikely that a public school employee or doctor could feasibly require detailed verification or take time to map out a family tree. In fact, the form authorizing schools to release a child to his or her supposed guardian specifically says that a notarization or court seal is not needed.

These flimsy requirements are particularly alarming given Newsom’s ardent support for providing so-called “gender-affirming care” (meaning irreversible sex change operations and dangerous cross-sex hormones) to minor children – whether their parents consent or not.

Newsom notably signed a law in 2022, SB 107, that effectively makes California the first “sanctuary state” for confused children who believe they are transgender. SB 107 specifically gives California courts the ability to claim “temporary emergency jurisdiction” over children to facilitate their “gender-affirming care.”

The law also states that California courts do not have to respect the rulings of other state courts on questions of who should have custody of a child. As National Review has noted, the law encourages “child gender-transition tourism from other states.”

Under SB 107, a minor in another state who believes he is transgender could run away to California to seek transgender surgery or drugs, and California courts would be permitted to use state power to prevent his parents from regaining custody. A divorced parent could also take their child from a state that prohibits transgender drugs and surgeries and go to California to obtain the procedures.

SB 107 becomes even more troubling when viewed alongside AB 495. Together, these laws create a framework where a minor from another state – say, a confused young boy from Texas who believes he is transgender – could flee to California and be placed under the care of a distant relative who supports so-called “gender-transition” procedures.

Because SB 107 allows California courts to assert “temporary emergency jurisdiction” in cases involving gender-affirming care, and AB 495 expands the ability of non-parents to claim temporary caregiving authority, California courts could delay or even refuse to return the child to his parents – especially if the court deems denial of such treatment a form of “harm.”

In practice, that means California law now provides legal cover that could be exploited to keep minors away from their parents and expose them to puberty blockers or cross-sex hormones, even when their home state – and their parents – object.

Alliance Defending Freedom (ADF) President Kristen Waggoner called AB 495 “shocking” and said it “endangers every child in California.” The leader of the renowned religious liberty legal group also said the law will enable “child trafficking” and harm parents who question their child’s so-called “gender transition.”

“In a state that already forces schools to hide social transitions from parents, the terrifying prospect of secret medical transition is hardly far-fetched,” she wrote in her analysis. In 2024, Newsom also signed a law, the first of its kind, banning schools from requiring staff to report when a child says he is the opposite sex and wants to use different pronouns. “The law bans school rules requiring teachers and other staff to disclose a student’s gender identity or sexual orientation to any other person without the child’s permission,” National Public Radio reported.

AB 495 creates “another path to bypass parents and secretly push kids towards these dangerous drugs and surgeries,” Waggoner, an accomplished litigator, warned.

Other pro-family groups are joining the chorus of warnings against this law.

AMAC members in California notably sent more than 1,500 messages to Newsom urging him to veto the bill. He ignored those requests.

The new caregiver form “strips parents of their constitutional rights and hands them over to unverified strangers,” Jonathan Keller, president of the California Family Council, wrote in his analysis. “It is unconstitutional, it is illegal, and no school or medical facility should recognize or accept [its] authority,” he said.

According to attorney Julianne Fleischer, AB 495 means that “state-sanctioned kidnapping is now legal.”

“This is more than overreach — it is a betrayal of families and a blatant disregard for parental rights,” Fleischer added.

It’s no secret by now that Gavin Newsom has his eye on a White House bid in 2028. But as long as he continues to wage war on parents, he likely will find that fewer and fewer moms and dads who aren’t fully on the woke bandwagon will be willing to throw their support behind him.

Matt Lamb is a contributor for AMAC Newsline and an associate editor for The College Fix. He previously worked for Students for Life of America, Students for Life Action, and Turning Point USA. He previously interned for Open the Books. His writing has also appeared in the Washington Examiner, The Federalist, LifeSiteNews, Human Life Review, Headline USA, and other outlets. The opinions expressed are his own. Follow him @mattlamb22 on X.