BILL NUMBER: AB 2426	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bradford

                        FEBRUARY 19, 2010

   An act to add Part 7 (commencing with Section 7960) to Division 12
of the Family Code, relating to surrogacy practitioners.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2426, as introduced, Bradford. Surrogacy practitioners.
   Existing law defines "assisted reproduction" as conception by any
means other than sexual intercourse, and "assisted reproduction
agreement" as a written contract that includes a person who intends
to be the legal parent of a child or children born through assisted
reproduction and that defines the terms of the relationship between
the parties to the contract.
   This bill would regulate the practice of surrogacy practitioners,
as defined, and would require nonattorney surrogacy practitioners to
deposit client funds in an independent, bonded escrow account or a
trust account maintained by an attorney, subject to specified
withdrawal requirements.
   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.  Part 7 (commencing with Section 7960) is added to
Division 12 of the Family Code, to read:

      PART 7.  Surrogacy Practitioners


   7960.  For purposes of this part, the following terms have the
following meanings:
   (a) "Surrogacy practitioner" means a person or organization that
engages in either of the following activities:
   (1) Advertising for the purpose of soliciting parties to an
assisted reproduction agreement or acting as an intermediary between
the parties to an assisted reproduction agreement.
   (2) Charging a fee or other valuable consideration for services
rendered relating to an assisted reproduction agreement.
   (b) "Nonattorney surrogacy practitioner" means a surrogacy
practitioner who is not an attorney in good standing licensed to
practice law in this state.
   (c) "Assisted reproduction agreement" has the same meaning as
defined in subdivision (b) of Section 7606.
   7961.  (a) A nonattorney surrogacy practitioner shall deposit all
client funds into either of the following:
   (1) An independent, bonded escrow depository.
   (2) A trust account maintained by an attorney.
   (b) Client funds may be withdrawn only by agreement between the
surrogacy practitioner and the intended legal parent identified in
the assisted reproduction agreement.