BILL NUMBER: AB 1217	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 28, 2012
	PASSED THE ASSEMBLY  AUGUST 29, 2012
	AMENDED IN SENATE  AUGUST 24, 2012
	AMENDED IN SENATE  AUGUST 22, 2012
	AMENDED IN SENATE  AUGUST 6, 2012
	AMENDED IN SENATE  JUNE 11, 2012
	AMENDED IN SENATE  APRIL 9, 2012
	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 7960 of, to amend the heading of Part 7
(commencing with Section 7960) of Division 12 of, and to add Section
7962 to, the Family Code, relating to surrogacy agreements.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1217, Fuentes. Surrogacy agreements.
   The Uniform Parentage Act defines the parent and child
relationship as the legal relationship existing between a child and
the child's parents, and governs proceedings to establish that
relationship. Existing law provides that a party to an assisted
reproduction agreement may bring an action under the Uniform
Parentage Act at any time to establish a parent and child
relationship consistent with the intent expressed in the agreement.
Existing law also regulates the practice of surrogacy facilitators in
assisted reproduction agreements, including surrogacy agreements.
   This bill would require a surrogate mother and the intended parent
or intended parents, as defined, to be represented by separate
independent counsel of their choosing prior to executing an assisted
reproduction agreement for gestational carriers, as defined. The bill
also would require an assisted reproduction agreement for
gestational carriers to contain specified information. The bill would
require the assisted reproduction agreement for gestational carriers
to be executed by the parties and notarized or otherwise witnessed,
as specified. The bill would prohibit the parties to an assisted
reproduction agreement for gestational carriers from undergoing an
embryo transfer procedure or commencing injectable medication for
assisted reproduction until the assisted reproduction agreement for
gestational carriers has been fully executed pursuant to the
requirements of these provisions. The bill would permit an action to
establish the parent-child relationship to be filed before the child'
s birth, and would specify where that action may be filed. The bill
would require the parties to the assisted reproduction agreement for
gestational carriers to attest, under penalty of perjury, and to the
best of their knowledge and belief, as to their compliance with these
provisions. By expanding the existing crime of perjury, the bill
would impose a state-mandated local program. The bill would provide
that an assisted reproduction agreement for gestational carriers
executed in accordance with these provisions is presumptively valid.
The bill would provide that the assisted reproduction agreement for
gestational carriers and related documents are not open to
inspection, except by the parties to the proceeding and their
attorneys and the State Department of Social Services, except as
specified.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The heading of Part 7 (commencing with Section 7960) of
Division 12 of the Family Code is amended to read:

      PART 7.  SURROGACY FACILITATORS AND ASSISTED REPRODUCTION
AGREEMENTS FOR GESTATIONAL CARRIERS


  SEC. 2.  Section 7960 of the Family Code is amended to read:
   7960.  For purposes of this part, the following terms have the
following meanings:
   (a) "Assisted reproduction agreement" has the same meaning as
defined in subdivision (b) of Section 7606.
   (b) "Fund management agreement" means the agreement between the
intended parents and the surrogacy facilitator relating to the fee or
other valuable consideration for services rendered or that will be
rendered by the surrogacy facilitator.
   (c) "Intended parent" means an individual, married or unmarried,
who manifests the intent to be legally bound as the parent of a child
resulting from assisted reproduction.
   (d) "Nonattorney surrogacy facilitator" means a surrogacy
practitioner who is not an attorney in good standing licensed to
practice law in this state.
   (e) "Surrogacy facilitator" 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.
   (f) "Surrogate" means a woman who bears and carries a child for
another through medically assisted reproduction and pursuant to a
written agreement, as set forth in Sections 7606 and 7962. Within the
definition of surrogate are two different and distinct types:
   (1) "Traditional surrogate" means a woman who agrees to gestate an
embryo, in which the woman is the gamete donor and the embryo was
created using the sperm of the intended father or a donor arranged by
the intended parent or parents.
   (2) "Gestational carrier" means a woman who is not an intended
parent and who agrees to gestate an embryo that is genetically
unrelated to her pursuant to an assisted reproduction agreement.
  SEC. 3.  Section 7962 is added to the Family Code, to read:
   7962.  (a) An assisted reproduction agreement for gestational
carriers shall contain, but shall not be limited to, all of the
following information:
   (1) The date on which the assisted reproduction agreement for
gestational carriers was executed.
   (2) The persons from which the gametes originated, unless
anonymously donated.
   (3) The identity of the intended parent or parents.
   (b) Prior to executing the written assisted reproduction agreement
for gestational carriers, a surrogate and the intended parent or
intended parents shall be represented by separate independent
licensed attorneys of their choosing.
   (c) The assisted reproduction agreement for gestational carriers
shall be executed by the parties and the signatures on the assisted
reproduction agreement for gestational carriers shall be notarized or
witnessed by an equivalent method of affirmation as required in the
jurisdiction where the assisted reproduction agreement for
gestational carriers is executed.
   (d) The parties to an assisted reproduction agreement for
gestational carriers shall not undergo an embryo transfer procedure,
or commence injectable medication in preparation for an embryo
transfer for assisted reproduction purposes, until the assisted
reproduction agreement for gestational carriers has been fully
executed as required by subdivisions (b) and (c) of this section.
   (e) An action to establish the parent-child relationship between
the intended parent or parents and the child as to a child conceived
pursuant to an assisted reproduction agreement for gestational
carriers may be filed before the child's birth and may be filed in
the county where the child is anticipated to be born, the county
where the intended parent or intended parents reside, the county
where the surrogate resides, the county where the assisted
reproduction agreement for gestational carriers is executed, or the
county where medical procedures pursuant to the agreement are to be
performed. A copy of the assisted reproduction agreement for
gestational carriers shall be lodged in the court action filed for
the purpose of establishing the parent-child relationship. The
parties to the assisted reproduction agreement for gestational
carriers shall attest, under penalty of perjury, and to the best of
their knowledge and belief, as to the parties' compliance with this
section in entering into the assisted reproduction agreement for
gestational carriers. Submitting those declarations shall not
constitute a waiver, under Section 912 of the Evidence Code, of the
lawyer-client privilege described in Article 3 (commencing with
Section 950) of Chapter 4 of Division 8 of the Evidence Code.
   (f) (1) A notarized assisted reproduction agreement for
gestational carriers signed by all the parties, with the attached
declarations of independent attorneys, and lodged with the superior
court in accordance with this section, shall rebut any presumptions
contained within Part 2 (commencing with Section 7540), subdivision
(b) of Section 7610, and Sections 7611 and 7613, as to the
gestational carrier surrogate, her spouse, or partner being a parent
of the child or children.
   (2) Upon petition of any party to a properly executed assisted
reproduction agreement for gestational carriers, the court shall
issue a judgment or order establishing a parent-child relationship,
whether pursuant to Section 7630 or otherwise. The judgment or order
may be issued before or after the child's or children's birth subject
to the limitations of Section 7633. Subject to proof of compliance
with this section, the judgment or order shall establish the
parent-child relationship of the intended parent or intended parents
identified in the surrogacy agreement and shall establish that the
surrogate, her spouse, or partner is not a parent of, and has no
parental rights or duties with respect to, the child or children. The
judgment or order shall terminate any parental rights of the
surrogate and her spouse or partner without further hearing or
evidence, unless the court or a party to the assisted reproduction
agreement for gestational carriers has a good faith, reasonable
belief that the assisted reproduction agreement for gestational
carriers or attorney declarations were not executed in accordance
with this section. Upon motion by a party to the assisted
reproduction agreement for gestational carriers, the matter shall be
scheduled for hearing before a judgment or order is issued. Nothing
in this section shall be construed to prevent a court from finding
and declaring that the intended parent is or intended parents are the
parent or parents of the child where compliance with this section
has not been met; however, the court shall require sufficient proof
entitling the parties to the relief sought.
   (g) The petition, relinquishment or consent, agreement, order,
report to the court from any investigating agency, and any power of
attorney and deposition filed in the office of the clerk of the court
pursuant to this part shall not be open to inspection by any person
other than the parties to the proceeding and their attorneys and the
State Department of Social Services, except upon the written
authority of a judge of the superior court. A judge of the superior
court shall not authorize anyone to inspect the petition,
relinquishment or consent, agreement, order, report to the court from
any investigating agency, or power of attorney or deposition, or any
portion of those documents, except in exceptional circumstances and
where necessary. The petitioner may be required to pay the expense of
preparing the copies of the documents to be inspected.
   (h) Upon the written request of any party to the proceeding and
the order of any judge of the superior court, the clerk of the court
shall not provide any documents referred to in subdivision (g) for
inspection or copying to any other person, unless the name of the
gestational carrier or any information tending to identify the
gestational carrier is deleted from the documents or copies thereof.
   (i) An assisted reproduction agreement for gestational carriers
executed in accordance with this section is presumptively valid and
shall not be rescinded or revoked without a court order. For purposes
of this part, any failure to comply with the requirements of this
section shall rebut the presumption of the validity of the assisted
reproduction agreement for gestational carriers.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.