Bill Text: CA AB2349 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Assisted reproduction agreements for gestational carriers.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2016-09-16 - Chaptered by Secretary of State - Chapter 385, Statutes of 2016. [AB2349 Detail]

Download: California-2015-AB2349-Amended.html

---

BILL NUMBER: AB 2349	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 18, 2016

INTRODUCED BY   Assembly Member Chiu

                        FEBRUARY 18, 2016

   An act to amend  Section 298   Sections 7620
and 7962  of the Family Code, relating to  domestic
partners.   ass   isted reproduction. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2349, as amended, Chiu.  Domestic partners. 
 Assisted reproduction agreements for gestational carriers. 

   The Uniform Parentage Act defines the parent and child
relationship as the legal relationship existing between a child and
the child's parents, governs proceedings to establish that
relationship, and establishes the jurisdiction of the courts under
the act. Existing law provides that a party to an assisted
reproduction agreement may bring an action under the act at any time
to establish a parent and child relationship consistent with the
intent expressed in that assisted reproduction agreement. Existing
law allows an action to establish the parent-child relationship
between the intended parent or parents and the child as to a child
conceived pursuant to an assisted reproduction agreement for
gestational carriers to be filed before the child's birth and
specifies the counties where that action may be filed.  
   This bill would extend the jurisdiction of the courts under the
act to a proceeding to determine parentage of the child as to a child
who is conceived pursuant to an assisted reproduction agreement for
gestational carriers if certain conditions are satisfied, including
if the child is born in this state, or one or more of the parties to
the assisted reproduction agreement for gestational carriers resides
in this state or resided in this state at the time the assisted
reproduction agreement for gestational carriers was executed. 

   Existing law requires an assisted reproduction agreement for
gestational carriers to contain specified information, including the
persons from which the gametes originated, unless anonymously
donated.  
   This bill would instead require an assisted reproduction agreement
for gestational carriers to contain information regarding the
persons from whom the gametes originated, unless donated gametes were
used, in which case the agreement shall specify whether the donated
gamete or gametes were eggs, sperm, or embryos, or all. 

   Existing law authorizes 2 unmarried, unrelated adults who have
chosen to share one another's lives in an intimate and committed
relationship of mutual caring to establish a domestic partnership by
filing a Declaration of Domestic Partnership with the Secretary of
State if both persons are members of the same sex or one or both are
over 62 years of age. Existing law requires the Secretary of State to
prepare the form for the Declaration of Domestic Partnership
pursuant to specified requirements. The Declaration of Domestic
Partnership requires, among other things, each person who wants to
become a domestic partner to provide a mailing address. 

   This bill would make technical, nonsubstantive changes to this
provision. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 7620 of the   Family
Code   is amended to read: 
   7620.  (a) A person who has sexual intercourse or causes
conception with the intent to become a legal parent by assisted
reproduction in this  state   state, or who
enters into an assisted reproduction agreement for gestational
carriers in this state,  thereby submits to the jurisdiction of
the courts of this state as to an action brought under this part with
respect to a child who may have been conceived by that act of
intercourse or assisted reproduction. 
   (b) If a child is conceived pursuant to an assisted reproduction
agreement for gestational carriers, as defined in Section 7960 and as
described in Section 7962, the courts of this state shall have
jurisdiction over a proceeding to determine parentage of the child if
any of the following conditions is satisfied:  
   (1) One or more of the parties to the assisted reproduction
agreement for gestational carriers resides in this state, or resided
in this state at the time the assisted reproduction agreement for
gestational carriers was executed.  
   (2) The medical procedures leading to conception, including in
vitro fertilization or embryo transfer, or both, were carried out in
this state.  
   (3) The child is born in this state.  
   (b) 
    (c)  An action under this part shall be brought in one
of the following:
   (1) The county in which the child resides or is found.
   (2) If the child is the subject of a pending or proposed adoption,
any county in which a licensed California adoption agency to which
the child has been relinquished or is proposed to be relinquished
maintains an office.
   (3) If the child is the subject of a pending or proposed adoption,
the county in which an office of the department or a public adoption
agency investigating the petition is located.
   (4) If the parent is deceased, the county in which proceedings for
probate of the estate of the parent of the child have been or could
be commenced. 
   (5) If the child was conceived pursuant to an assisted
reproduction agreement for gestational carriers, any county described
in subdivision (e) of Section 7962. 
   SEC. 2.    Section 7962 of the   Family Code
  is amended to read: 
   7962.  (a) An assisted reproduction agreement for gestational
carriers shall contain, but shall not be limited to, all of the
following information:
   (1) The date on which the assisted reproduction agreement for
gestational carriers was executed.
   (2) The persons from which the gametes originated, unless 
anonymously donated.   donated gametes were used, in
which case the assisted reproduction agreement does not need to
specify the name of the donor but shall specify whether the d 
 onated gamete or gametes were eggs, sperm, or embryos, or all.

   (3) The identity of the intended parent or parents.
   (4) Disclosure of how the intended parents will cover the medical
expenses of the gestational carrier and of the newborn or newborns.
If health care coverage is used to cover those medical expenses, the
disclosure shall include a review of the health care policy
provisions related to coverage for surrogate pregnancy, including any
possible liability of the gestational carrier, third-party liability
liens or other insurance coverage, and any notice requirements that
could affect coverage or liability of the gestational carrier. The
review and disclosure do not constitute legal advice. If coverage of
liability is uncertain, a statement of that fact shall be sufficient
to meet the requirements of this section.
   (b) Prior to executing the written assisted reproduction agreement
for gestational carriers, a surrogate and the intended parent or
intended parents shall be represented by separate independent
licensed attorneys of their choosing.
   (c) The assisted reproduction agreement for gestational carriers
shall be executed by the parties and the signatures on the assisted
reproduction agreement for gestational carriers shall be notarized or
witnessed by an equivalent method of affirmation as required in the
jurisdiction where the assisted reproduction agreement for
gestational carriers is executed.
   (d) The parties to an assisted reproduction agreement for
gestational carriers shall not undergo an embryo transfer procedure,
or commence injectable medication in preparation for an embryo
transfer for assisted reproduction purposes, until the assisted
reproduction agreement for gestational carriers has been fully
executed as required by subdivisions (b) and (c) of this section.
   (e) An action to establish the parent-child relationship between
the intended parent or parents and the child as to a child conceived
pursuant to an assisted reproduction agreement for gestational
carriers may be filed before the child's birth and may be filed in
the county where the child is anticipated to be born, the county
where the intended parent or intended parents reside, the county
where the surrogate resides, the county where the assisted
reproduction agreement for gestational carriers is executed, or the
county where medical procedures pursuant to the agreement are to be
performed. A copy of the assisted reproduction agreement for
gestational carriers shall be lodged in the court action filed for
the purpose of establishing the parent-child relationship. The
parties to the assisted reproduction agreement for gestational
carriers shall attest, under penalty of perjury, and to the best of
their knowledge and belief, as to the parties' compliance with this
section in entering into the assisted reproduction agreement for
gestational carriers. Submitting those declarations shall not
constitute a waiver, under Section 912 of the Evidence Code, of the
lawyer-client privilege described in Article 3 (commencing with
Section 950) of Chapter 4 of Division 8 of the Evidence Code.
   (f) (1) A notarized assisted reproduction agreement for
gestational carriers signed by all the parties, with the attached
declarations of independent attorneys, and lodged with the superior
court in accordance with this section, shall rebut any presumptions
contained within Part 2 (commencing with Section 7540), subdivision
(b) of Section 7610, and Sections 7611 and 7613, as to the
gestational carrier surrogate, her spouse, or partner being a parent
of the child or children.
   (2) Upon petition of any party to a properly executed assisted
reproduction agreement for gestational carriers, the court shall
issue a judgment or order establishing a parent-child relationship,
whether pursuant to Section 7630 or otherwise. The judgment or order
may be issued before or after the child's or children's birth subject
to the limitations of Section 7633. Subject to proof of compliance
with this section, the judgment or order shall establish the
parent-child relationship of the intended parent or intended parents
identified in the surrogacy agreement and shall establish that the
surrogate, her spouse, or partner is not a parent of, and has no
parental rights or duties with respect to, the child or children. The
judgment or order shall terminate any parental rights of the
surrogate and her spouse or partner without further hearing or
evidence, unless the court or a party to the assisted reproduction
agreement for gestational carriers has a good faith, reasonable
belief that the assisted reproduction agreement for gestational
carriers or attorney declarations were not executed in accordance
with this section. Upon motion by a party to the assisted
reproduction agreement for gestational carriers, the matter shall be
scheduled for hearing before a judgment or order is issued. Nothing
in this section shall be construed to prevent a court from finding
and declaring that the intended parent is or intended parents are the
parent or parents of the child where compliance with this section
has not been met; however, the court shall require sufficient proof
entitling the parties to the relief sought.
   (g) The petition, relinquishment or consent, agreement, order,
report to the court from any investigating agency, and any power of
attorney and deposition filed in the office of the clerk of the court
pursuant to this part shall not be open to inspection by any person
other than the parties to the proceeding and their attorneys and the
State Department of Social Services, except upon the written
authority of a judge of the superior court. A judge of the superior
court shall not authorize anyone to inspect the petition,
relinquishment or consent, agreement, order, report to the court from
any investigating agency, or power of attorney or deposition, or any
portion of those documents, except in exceptional circumstances and
where necessary. The petitioner may be required to pay the expense of
preparing the copies of the documents to be inspected.
   (h) Upon the written request of any party to the proceeding and
the order of any judge of the superior court, the clerk of the court
shall not provide any documents referred to in subdivision (g) for
inspection or copying to any other person, unless the name of the
gestational carrier or any information tending to identify the
gestational carrier is deleted from the documents or copies thereof.
   (i) An assisted reproduction agreement for gestational carriers
executed in accordance with this section is presumptively valid and
shall not be rescinded or revoked without a court order. For purposes
of this part, any failure to comply with the requirements of this
section shall rebut the presumption of the validity of the assisted
reproduction agreement for gestational carriers. 
  SECTION 1.    Section 298 of the Family Code is
amended to read:
   298.  (a) (1) The Secretary of State shall prepare forms entitled
"Declaration of Domestic Partnership" and "Notice of Termination of
Domestic Partnership" to meet the requirements of this division.
These forms shall require the signature and seal of an acknowledgment
by a notary public to be binding and valid.
   (2) When funding allows, the Secretary of State shall include on
the form notice that a lesbian, gay, bisexual, and transgender
specific domestic abuse brochure is available upon request.
   (b) (1) The Secretary of State shall distribute these forms to
each county clerk. These forms shall be available to the public at
the office of the Secretary of State and each county clerk.
   (2) The Secretary of State shall, by regulation, establish fees
for the actual costs of processing each of these forms, and the cost
for preparing and sending the mailings and notices required pursuant
to Section 299.3, and shall charge these fees to persons filing the
forms.
   (3) There is hereby established a fee of twenty-three dollars
($23) to be charged in addition to the existing fees established by
regulation to persons filing domestic partner registrations pursuant
to Section 297 for development and support of a lesbian, gay,
bisexual, and transgender curriculum for training workshops on
domestic violence, conducted pursuant to Section 13823.15 of the
Penal Code, and for the support of a grant program to promote healthy
nonviolent relationships in the lesbian, gay, bisexual, and
transgender community. This paragraph shall not apply to persons of
opposite sexes filing a domestic partnership registration and who
meet the qualifications described in subparagraph (B) of paragraph
(5) of subdivision (b) of Section 297.
   (4) The fee established by paragraph (3) shall be deposited in the
Equality in Prevention and Services for Domestic Abuse Fund, which
is hereby established. The fund shall be administered by the Office
of Emergency Services, and expenditures from the fund shall be used
to support the purposes of paragraph (3).
   (c) The Declaration of Domestic Partnership shall require each
person who wants to become a domestic partner to do all of the
following:
   (1) State that he or she meets the requirements of Section 297 at
the time the form is signed.
   (2) Provide a mailing address.
   (3) State that he or she consents to the jurisdiction of the
Superior Courts of California for the purpose of a proceeding to
obtain a judgment of dissolution or nullity of the domestic
partnership or for legal separation of partners in the domestic
partnership, or for any other proceeding related to the partners'
rights and obligations, even if one or both partners ceases to be a
resident of, or to maintain a domicile in, this state.
   (4) Sign the form with a declaration that representations made
therein are true, correct, and contain no material omissions of fact
to the best knowledge and belief of the applicant.
   (5) Have a notary public acknowledge his or her signature. Both
partners' signatures shall be affixed to one Declaration of Domestic
Partnership form, which form shall then be transmitted to the
Secretary of State according to the instructions provided on the
form. Filing an intentionally and materially false Declaration of
Domestic Partnership shall be punishable as a misdemeanor.
   (d) The Declaration of Domestic Partnership form shall contain an
optional section for either party or both parties to indicate a
change in name pursuant to Section 298.6. The optional section shall
require a party indicating a change in name to provide his or her
date of birth.