BILL NUMBER: AB 1217	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 20, 2011
	AMENDED IN ASSEMBLY  MAY 9, 2011
	AMENDED IN ASSEMBLY  APRIL 26, 2011
	AMENDED IN ASSEMBLY  APRIL 14, 2011

INTRODUCED BY   Assembly Member Fuentes

                        FEBRUARY 18, 2011

   An act to amend Section 7613 of, and to add  Section
7613.5   Sections 7613.5 and 7962  to, the Family
Code, relating to assisted  reproductive technology 
 reproduction  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1217, as amended, Fuentes.  Assisted reproductive
technology: parentage.   Assisted reproduction. 
   The Uniform Parentage Act provides that if, under the supervision
of a licensed physician and surgeon and with the consent of her
husband, a wife is inseminated artificially with semen donated by a
man not her husband, the husband is treated in law as if he were the
natural father of a child thereby conceived. The act further provides
that the donor of semen provided to a licensed physician and surgeon
or to a licensed sperm bank for use in artificial insemination or in
vitro fertilization of a woman other than the donor's wife is
treated in law as if he were not the natural father of a child
thereby conceived.
   This bill would provide that if agreed to in a writing signed by
the donor and the woman prior to the  conception of the child
  creation of the   embryo  , the donor
would be presumed to be the natural father of the child.
   The bill would also specify that if, under the supervision of a
licensed physician and surgeon and with the consent of her spouse, a
woman undergoes in vitro fertilization   an
embryo transfer  with eggs donated by a person other than her
spouse, the spouse is treated in law as if that spouse were the
natural parent of a child thereby conceived, unless otherwise agreed
to in writing prior to the conception of the child.  The bill
would also provide that the donor of eggs provided to a licensed
physician and surgeon for use in the in vitro fertilization of a
woman other than the donor's spouse is treated in law as if she were
not the natural parent of a child thereby conceived, unless otherwise
agreed to in writing prior to the creation of the embryo. The bill
would additionally specify that if, under the supervision of a
licensed physician and surgeon, a woman undergoes in vitro
fertilization using donated eggs on behalf of an intended parent or
parents and the woman agrees in writing prior to the creation of the
embryo, then that woman is treated in law as if she were not the
natural parent of a child thereby conceived, and the intended parent
or parents are presumed to be the child's natural parent or parents.
  The bill would specify that if that embryo transfer
was on behalf of an intended parent or parents and the woman agrees
in writing prior to the creation of the embryo, then that woman would
be treated in law as if she were not the natural parent of a child
thereby conceived, and the intended parent or parents would be
presumed to be the child's natural parent or parents.  
   Existing law regulates the practice of surrogacy facilitators, as
defined, and requires a nonattorney surrogacy facilitator to direct
his or her client to deposit client funds in an independent, bonded
escrow account or a trust account maintained by an attorney, subject
to specified withdrawal requirements.  
   The bill would also prohibit a medical or legal professional from
medically treating or legally representing an intended parent or
surrogate mother while acting as a surrogacy facilitator for either
party or having an ownership interest in a surrogacy facilitator.

   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 7613 of the Family Code is amended to read:
   7613.  (a) If, under the supervision of a licensed physician and
surgeon and with the consent of her husband, a wife is inseminated
artificially with semen donated by a man not her husband, the husband
is treated in law as if he were the natural father of a child
thereby conceived. The husband's consent must be in writing and
signed by him and his wife. The physician and surgeon shall certify
their signatures and the date of the insemination, and retain the
husband's consent as part of the medical record, where it shall be
kept confidential and in a sealed file. However, the physician and
surgeon's failure to do so does not affect the father and child
relationship. All papers and records pertaining to the insemination,
whether part of the permanent record of a court or of a file held by
the supervising physician and surgeon or elsewhere, are subject to
inspection only upon an order of the court for good cause shown.
   (b) The donor of semen provided to a licensed physician and
surgeon or to a licensed sperm bank for use in artificial
insemination or in vitro fertilization of a woman other than the
donor's wife is treated in law as if he were not the natural father
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   creation of the embryo  , in which
case the donor is presumed to be the natural father of the child.
  SEC. 2.  Section 7613.5 is added to the Family Code, to read:
   7613.5.  (a)  If,  Except as otherwise
provided in subdivision (c), if,  under the supervision of a
licensed physician and surgeon and with the consent of her spouse, a
woman undergoes  in vitro fertilization   an
embryo transfer  using donated eggs from a person other than her
spouse, that spouse is treated in law as if that spouse were the
natural parent of a child thereby conceived. The spouse's consent
must be in writing and signed by both the woman and her spouse. The
physician and surgeon shall certify their signatures and the date of
the in vitro fertilization, and retain the spouse's consent as part
of the medical record, where it shall be kept confidential and in a
sealed file. However, the physician and surgeon's failure to do so
does not affect the parent-child relationship. All papers and records
pertaining to the in vitro fertilization, whether part of the
permanent record of a court or of a file held by the supervising
physician and surgeon or elsewhere, are subject to inspection only
upon an order of the court for good cause shown.
   (b) The donor of eggs provided to a licensed physician and surgeon
for use in the in vitro fertilization of a woman other than the
donor's spouse is treated in law as if she were 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 creation of
the embryo, in which case the donor is presumed to be the natural
parent of the child.  The writing shall be signed by both the
donor and the woman. The physician and surgeon shall certify their
signatures and the date of the in vitro fertilization, and retain the
writing as part of the medical record, and it shall be kept in a
confidential sealed file. However, the physician and surgeon's
failure to do so does not affect the parent-child relationship. All
papers and records pertaining to the in vitro fertilization,
including the permanent record of a court and any file held by the
supervising physician and surgeon, shall be subject to inspection
only upon an order of the court for good cause shown. 
   (c) If, under the supervision of a licensed physician and surgeon,
a woman undergoes  in vitro fertilization   an
embryo transfer  using donated eggs on behalf of  an 
intended parent or parents and the woman agrees in a writing signed
by the woman and the intended parent or parents prior to the creation
of the embryo, then the woman is treated in law as if she were not
the natural parent of the child and the intended parent or parents
are presumed to be the child's natural parent or parents.  The
writing shall be signed by both the donor and the woman. The
physician and surgeon shall certify their signatures and the date of
the in vitro fertilization, and retain the writing as part of the
medical record, and it shall be kept in a confidential sealed file.
However, the physician and surgeon's failure to do so does not affect
the parent-child relationship. All papers and records pertaining to
the in vitro   fertilization, including the permanent record
of a court and any file held by the supervising physician and
surgeon, shall be subject to inspection only upon an order of the
court for good cause shown. 
   SEC. 3.    Section 7962 is added to the  
Family Code   , to read:  
   7962.  To avoid a conflict of interest, a medical or legal
professional shall not medically treat or legally represent an
intended parent or surrogate mother while acting as a surrogacy
facilitator for either party or having an ownership interest in a
surrogacy facilitator, including being an owner or coowner of, or
having a financial interest in, the surrogacy facilitator that has
recruited either party.