Bill Text: CA AB785 | 2019-2020 | Regular Session | Amended

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

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Bill Title: Parentage.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2019-10-07 - Chaptered by Secretary of State - Chapter 539, Statutes of 2019. [AB785 Detail]

Download: California-2019-AB785-Amended.html

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Amended  IN  Assembly  March 21, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 785

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Introduced by Assembly Member Bloom

February 19, 2019

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An act to amend Section 7558 of the Family Code, relating to parentage. An act to amend Sections 1635, 1644, 1644.1, 1644.2, and 1644.3 of the Health and Safety Code, relating to tissue banks.

LEGISLATIVE COUNSEL'S DIGEST

AB 785, as amended, Bloom. Genetic testing for parentage. Gamete banks: donor information.

Existing law requires the State Department of Public Health to license and regulate gamete banks, defined as tissue banks that collect, process, store, or distribute gametes, including facilities that provide professional reproductive services. Existing law requires a gamete bank licensed in this state, for gametes collected on or after January 1, 2020, to collect certain identifying information and medical information from a gamete donor, including the donor’s full name, date of birth, and address. Existing law also requires a gamete bank to obtain a declaration from the gamete donor stating whether the donor agrees to disclose the donor’s identity to a child that results from the donation, upon the child turning 18 years of age and requesting the information.

This bill would require a gamete bank to collect and maintain, in addition to the identifying information and medical information described above, any other contact information provided by the donor at the time of the donation and records of gamete screening and testing. The bill would also require a gamete bank that receives gametes collected by another gamete bank to collect and retain contact information for the gamete bank from which the gametes were received, and to disclose that information to a child that results from the donation, upon the child turning 18 years of age and requesting the information. The bill would exempt from these requirements gametes collected from a donor whose identity is known to the recipient of the gametes at the time of the donation.

The Uniform Parentage Act defines the parent and child relationship as the legal relationship existing between a child and the child’s parents, and provides rebuttable presumptions as to the parentage of a child born under certain circumstances. Existing law provides the procedures for the use of genetic testing to determine paternity.

This bill would make technical, nonsubstantive changes to those provisions.

Digest Key

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

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Bill Text

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

SECTION 1.

 Section 1635 of the Health and Safety Code is amended to read:

1635.

 (a) “Department” means the State Department of Public Health.

(b) “Donor” means an individual, living or deceased, from whom tissue is removed.

(c) “Gamete bank” means a tissue bank that collects, processes, stores, or distributes gametes, sperm, oocytes, or embryos, including a facility that provides professional reproductive services, other than those facilities exempt from tissue bank licensure.

(d) “Person” means an individual, corporation, business trust, estate trust, partnership, association, state or local government, or subdivision or agency thereof, or any other legal entity.

(e) (1) “Tissue” means a human cell, group of cells, including the cornea, sclera, or vitreous humor and other segments of, or the whole eye, bones, skin, arteries, sperm, oocytes, embryos, blood, other fluids, and any other portion of a human body, but shall not include an organ when recovered for transplantation or research purposes.

(2) For purposes of paragraph (1), “organ” means a human kidney, liver, heart, lung, pancreas, intestine (including the esophagus, stomach, small or large intestine, or any portion of the gastrointestinal tract), or vascularized composite allograft, and associated blood vessels recovered from an organ donor during the recovery of the organ.

(f) “Tissue bank” means a place, establishment, or institution that collects, processes, stores, or distributes tissue for transplantation into human beings.

(g) “Transplantation” means the act or process of transferring tissue, including by ingestion, from a donor to the body of the donor or another human being.

SEC. 2.

 Section 1644 of the Health and Safety Code is amended to read:

1644.

 (a) For purposes of this chapter, “donor,” “person,” “tissue,” “transplantation,” and “department” shall have the meaning as defined for those terms in Section 1635.

(b) For purposes of this chapter, “HIV” shall mean human immunodeficiency virus.

(c) “Identifying information” means the full name of the donor, the donor’s date of birth, and the permanent and, address or other contact information, or both, given at the time of donation, or, if different, the current address or other contact information, or both, of the donor at the time of donation. retained by the gamete bank.

(d) “Medical information” means information regarding a present illness of the donor, past illness of the donor, and social, genetic, and family history of the donor.

SEC. 3.

 Section 1644.1 of the Health and Safety Code is amended to read:

1644.1.

 (a) (1)Except as provided in paragraph (2), a A gamete bank licensed in this state shall collect and retain from a gamete donor the donor’s identifying information and medical information at the time of the donation. If the A gamete bank sends the licensed in this state that receives gametes of from a donor to another gamete bank, the sending gamete bank shall forward any identifying information and medical information, including the donor’s signed declaration under Section 1644.2 regarding identity disclosure, to the receiving gamete bank and shall no longer be required to retain the information. A receiving gamete bank licensed in this state collected by another gamete bank shall collect and retain the information about the donor and each sending gamete bank. name, address, telephone number, and email address of the gamete bank from which the gametes were received.

(2)A gamete bank obtaining gametes for the purpose of clinical utilization within one month from receipt shall not be considered a receiving gamete bank responsible for long-term retention of any identifying information or medical information other than what is typically documented in the medical record, and shall not be responsible for responding to any request under Section 1644.3 other than to identify the sending gamete bank.

(b) A gamete bank licensed in this state shall disclose the information collected under subdivision (a) as provided in Section 1644.3.

(c) This section does not apply to gametes collected from a donor whose identity is known to the recipient of the gametes at the time of the donation.

(b)

(d) This section shall apply only to gametes collected on or after January 1, 2020.

SEC. 4.

 Section 1644.2 of the Health and Safety Code is amended to read:

1644.2.

 (a) A gamete bank licensed in this state that collects gametes from a donor shall do both all of the following:

(1) Provide the donor with information in a record about the donor’s choice regarding identity disclosure.

(2) Obtain a declaration from the donor regarding identity disclosure.

(3) Maintain identifying information and medical information about each gamete donor. The gamete bank shall maintain records of gamete screening and testing and comply with reporting requirements, in accordance with federal law and applicable law of this state other than this chapter.

(b) A gamete bank licensed in this state shall give a donor the choice to sign a declaration, attested by a notary or witnessed, that does either of the following:

(1) States that the donor agrees to disclose his or her the donor’s identity to a child conceived by assisted reproduction with the donor’s gametes, on request, once the child attains 18 years of age.

(2) States that the donor does not agree presently to disclose the donor’s identity to the child.

(c) A gamete bank licensed in this state shall permit a donor who has signed a declaration that the donor does not agree to disclose the donor’s identity under paragraph (2) of subdivision (b) to withdraw the declaration at any time by signing a declaration that the donor agrees to disclose the donor’s identity under paragraph (1) of subdivision (b).

(d) A gamete bank licensed in this state is not required to collect gametes from a donor who does not agree to disclose the donor’s identity under paragraph (2) of subdivision (b).

(e) This section does not apply to gametes collected from a donor whose identity is known to the recipient of the gametes at the time of the donation.

(d)

(f) This section shall apply only to gametes collected on or after January 1, 2020.

SEC. 5.

 Section 1644.3 of the Health and Safety Code is amended to read:

1644.3.

 (a) On request of a child conceived by assisted reproduction using donor gametes who attains 18 years of age, a gamete bank licensed in this state that collected, stored, or released for use collected the gametes used in the assisted reproduction shall provide the child with identifying information of the donor who provided the gametes, unless the donor signed and did not withdraw a declaration under paragraph (2) of subdivision (b) of Section 1644.2. If the donor signed and did not withdraw the declaration, the gamete bank shall make a good faith effort to notify the donor, who may elect under subdivision (c) of Section 1644.2 to withdraw the declaration. declaration and agree to release the donor’s information.

(b) On request of a child conceived by assisted reproduction using donor gametes who attains 18 years of age, a gamete bank licensed in this state that received the gametes used in the assisted reproduction from another gamete bank shall disclose the name, address, telephone number, and email address of the gamete bank from which the gametes were received.

(b)

(c) Regardless whether a donor signed a declaration under paragraph (2) of subdivision (b) of Section 1644.2, on request from a child conceived by assisted reproduction who attains 18 years of age, or, if the child is a minor, by a parent or guardian of the child, a gamete bank licensed in this state shall provide the child or, if the child is a minor, the parent or guardian of the child, access to nonidentifying medical information provided by the donor.

(d) This section does not apply to gametes collected from a donor whose identity is known to the recipient of the gametes at the time of the donation.

(c)

(e) This section shall apply only to gametes collected on or after January 1, 2020.

SECTION 1.Section 7558 of the Family Code is amended to read:

7558.

(a)This section applies only to cases where support enforcement services are being provided by the local child support agency pursuant to Section 17400.

(b)In a civil action or proceeding in which parentage is a relevant fact, and in which the issue of parentage is contested, the local child support agency may issue an administrative order requiring the mother, child, and the alleged father to submit to genetic testing if any of the following conditions exist:

(1)The person alleging parentage has signed a statement under penalty of perjury that sets forth facts that establish a reasonable possibility that the person is the child’s genetic parent.

(2)The person denying parentage has signed a statement under penalty of perjury that sets forth facts that establish a reasonable possibility that the person is not a genetic parent of the child.

(3)The alleged father has filed an answer in the action or proceeding in which parentage is a relevant fact and has requested that genetic tests be performed.

(4)The parent who gave birth to the child and the alleged father agree in writing to submit to genetic tests.

(c)Notwithstanding subdivision (b), the local child support agency may not order a person to submit to genetic tests in any of the following instances:

(1)The person has been found to have good cause for failure to cooperate in the determination of parentage pursuant to Section 11477 of the Welfare and Institutions Code.

(2)A case in which more than one person other than the woman who gave birth asserts a claim under this division to be the child’s parent.

(3)A case involving a child conceived through assisted reproduction.

(d)The local child support agency shall pay the costs of genetic tests that are ordered under subdivision (b), subject to the county obtaining a court order for reimbursement from the alleged father if parentage is established pursuant to Section 7553.

(e)This section does not prohibit a person who has been ordered by the local child support agency to submit to genetic tests pursuant to this section from filing a notice of motion with the court in the action or proceeding in which parentage is a relevant fact seeking relief from the local child support agency’s order to submit to genetic tests. In that event, the court shall resolve the issue of whether genetic tests should be ordered as provided in Section 7551. When a person refuses to submit to the tests after receipt of the administrative order pursuant to this section and fails to seek relief from the court from the administrative order either prior to the scheduled tests or within 10 days after the tests are scheduled, the court may resolve the question of parentage against that person or enforce the administrative order if the rights of others or the interest of justice so require. Except as provided in subdivision (c), a person’s refusal to submit to tests ordered by the local child support agency is admissible in evidence in a proceeding to determine parentage if a notice of motion is not filed within the timeframes specified in this subdivision.

(f)If the original test result is contested, the local child support agency shall order an additional test only upon request and advance payment of the contestant.

(g)The local child support agency shall not order in utero genetic testing.

(h)The local child support agency shall administer this section consistent with federal law.