Bill Text: CA AB556 | 2021-2022 | Regular Session | Chaptered
Bill Title: Misuse of sperm, ova, or embryos: damages.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2021-09-16 - Chaptered by Secretary of State - Chapter 170, Statutes of 2021. [AB556 Detail]
Download: California-2021-AB556-Chaptered.html
Assembly Bill
No. 556
CHAPTER 170
An act to add Section 1708.5.6 to the Civil Code, relating to civil law.
[
Approved by
Governor
September 16, 2021.
Filed with
Secretary of State
September 16, 2021.
]
LEGISLATIVE COUNSEL'S DIGEST
AB 556, Maienschein.
Misuse of sperm, ova, or embryos: damages.
Existing law makes it a felony for anyone to knowingly use sperm, ova, or embryos in assisted reproduction technology for any purpose other than that indicated by the sperm, ova, or embryo provider’s signature on a written consent form, and to knowingly implant sperm, ova, or embryos, through the use of assisted reproduction technology, into a recipient who is not the sperm, ova, or embryo provider, without the signed written consent of the sperm, ova, or embryo provider and recipient.
This bill would authorize a private cause of action for damages against a person who misuses sperm, ova, or embryos in violation of those provisions. The bill would specify that a prevailing plaintiff who suffers harm as a result of such a violation may be awarded actual damages or statutory damages of not less than $50,000, whichever is
greater.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1708.5.6 is added to the Civil Code, to read:1708.5.6.
(a) A private cause of action for damages lies against a person who misuses sperm, ova, or embryos in violation of Section 367g of the Penal Code.(b) A prevailing plaintiff who suffers harm as a result of a violation of Section 367g of the Penal Code may be awarded actual damages or statutory damages of not less than fifty thousand dollars ($50,000), whichever is greater.
