Bill Text: CA AB2845 | 2021-2022 | Regular Session | Introduced

California Assembly Bill 2845 (Prior Session Legislation)

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

Bill Title: Parent and child relationship.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Vetoed) 2022-09-27 - Vetoed by Governor. [AB2845 Detail]

Download: California-2021-AB2845-Introduced.html

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 2845

Introduced by Assembly Member Patterson

February 18, 2022

An act to amend Section 7613 of the Family Code, relating to parentage.

LEGISLATIVE COUNSEL'S DIGEST

AB 2845, as introduced, Patterson. Parentage: assisted reproduction.

Existing law, the Uniform Parentage Act, governs proceedings for determining the parentage of a child. In the case of a child conceived through assisted reproduction with donated ova, semen, or both, existing law sets forth the factors for determining parentage, including, among others, written or oral agreements with the other intended parent or the donor, whether or not the donated semen was provided to a licensed physician and surgeon or licensed sperm bank, and other findings of intent.

This bill would make a technical, nonsubstantive change to one of those provisions.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 7613 of the Family Code is amended to read:

7613.

(a) (1) If a woman conceives through assisted reproduction with semen or ova or both donated by a donor who is not the woman’s spouse, with the consent of another intended parent, that intended parent is treated in law as if that intended parent is the natural parent of a child thereby conceived. The other intended parent’s consent shall be in writing and signed by the other intended parent and the woman conceiving through assisted reproduction.

(2) Failure to consent in writing, as required by paragraph (1), does not preclude the court from finding that the intended parent consented if the court finds by clear and convincing evidence that, prior to the conception of the child, the woman and the intended parent had an oral agreement that the woman and the intended parent would both be parents of the child.

(b) (1) The donor of semen provided to a licensed physician and surgeon or to a licensed sperm bank for use in assisted reproduction by a woman other than the donor’s spouse is treated in law as if the donor is not the natural parent of a child thereby conceived, unless otherwise agreed to in a writing signed by the donor and the woman prior to the conception of the child.

(2) If the semen is not provided to a licensed physician and surgeon or a licensed sperm bank as specified in paragraph (1), the donor of semen for use in assisted reproduction by a woman other than the donor’s spouse is treated in law as if the donor is not the natural parent of a child thereby conceived if either of the following ~~are~~ is met:

(A) The donor and the woman agreed in a writing signed prior to conception that the donor would not be a parent.

(B) A court finds by clear and convincing evidence that the child was conceived through assisted reproduction and that, prior to the conception of the child, the woman and the donor had an oral agreement that the donor would not be a parent.

(3) Paragraphs (1) and (2) do not apply to a man who provided semen for use in assisted reproduction by a woman other than the man’s spouse pursuant to a written agreement signed by the man and the woman prior to conception of the child stating that they intended for the man to be a parent.

(c) The donor of ova for use in assisted reproduction by a person other than the donor’s spouse or nonmarital partner is treated in law as if the donor is not the natural parent of a child thereby conceived unless the court finds satisfactory evidence that the person providing ova and the person intended for the person providing ova to be a parent.