BILL NUMBER: AB 2344	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Ammiano

                        FEBRUARY 21, 2014

   An act to add Sections 7613.5 and 9008 to the Family Code,
relating to family law.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2344, as introduced, Ammiano. Family law: parentage.
   (1) The Uniform Parentage Act defines the parent and child
relationship as the legal relationship existing between a child and
the child's parents, including the mother and child relationship and
the father and child relationship, and governs proceedings to
establish that relationship. Under existing law the donor of semen
provided to a licensed physician and surgeon or to a licensed sperm
bank for use in assisted reproduction of a woman other than the donor'
s spouse is treated at law as if he were not the natural parent of
the child thereby conceived unless otherwise agreed in a writing
signed by the donor and the woman prior to the conception of the
child.
   This bill would establish a statutory parentage form for assisted
reproduction that would establish the parental rights of donor and
intended parent parties to assisted reproduction that results in a
child. The bill would state that the use of this form, if signed
prior to the conception of a child, is presumed to meet the writing
requirement described above.
   (2) Existing law establishes the process by which a person may be
adopted by a stepparent who is married to or is the domestic partner
of the person's parent. Existing law requires that each case of
stepparent adoption be investigated by certain individuals or
entities, including a probation officer, private licensed adoption
agency, or county welfare department in the county in which the
adoption proceeding is pending. Under existing law, the prospective
adoptive parent is liable for all reasonable costs incurred in
connection with the stepparent adoption, including costs incurred for
the investigation. Existing law also requires the prospective
adoptive parents to be examined by the court, as specified.
   This bill would establish the use of a stipulated stepparent
adoption process, under which the child of a marriage or domestic
partnership may be adopted by the parties to that marriage or
domestic partnership, if both of the parties appear on the child's
birth certificate, and the parties file a written agreement with the
court, as provided. The bill would state that a stipulated stepparent
adoption does not require an examination by the court or any other
court proceedings, or a background check, home study, or any related
fees.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 7613.5 is added to the Family Code, to read:
   7613.5.  (a) The donor of semen or ova for use in assisted
reproduction and the intended parents of the child created through
that process may use the form prescribed in this section to determine
parental rights.
   (b) The following is the California Statutory Parentage Form for
Assisted Reproduction:

   INSTRUCTIONS
   1. READ THE FORM. Read the whole form first. If you do not
understand something, ask a lawyer to explain it to you.
   2. FILL IN THE BLANKS. Follow the instructions carefully. Do not
add any words to the form (except for filling in the blanks) or cross
out any words.
   3. DATE AND SIGN THE FORM. All parties to the form, intended
parents and any donors, are required to sign the form before the
conception of the child.
   Donor Name: ________________________
   Donated sperm __ Donated ova __ (check one)
   Parent 1: ______________________ (if one parent is gestating the
child, enter that parent's name on this line).
   Parent 2: _______________________ (if applicable)
   Check the statement that describes the rights of the parties.
   __ The donor shall have no parental rights as regards any child
that results from assisted reproduction using the donated gametes.
The person or persons listed above as parents shall have all parental
rights.
   __ The donor shall be presumed to be the father of a child that
results from assisted reproduction using the donated sperm.
   __ The donor shall be presumed to be the mother of a child that
results from assisted reproduction using the donated ova.
   Signatures:
   Donor: ____________________  Date: __________
   Parent 1: ___________________ Date: __________
   Parent 2: ___________________ Date: __________

   (c) The use of this form, if signed prior to the conception of a
child, shall be presumed to meet the writing requirement in
subdivision (b) of Section 7613.
   (d) Nothing in this section shall be construed to limit the
parental rights of a donor who is married to one of the intended
parents.
  SEC. 2.  Section 9008 is added to the Family Code, to read:
   9008.  (a) It is the intent of the Legislature to provide a
streamlined process for married couples or registered domestic
partners to legally adopt children of the relationship so as to
ensure that they maintain full parenting rights in jurisdictions
outside of California that may not otherwise recognize the parenting
rights established under California law.
   (b) A stipulated stepparent adoption may be performed if all of
the following criteria are met:
   (1) The child to be adopted was born into the marriage or domestic
partnership.
   (2) One of the spouses or domestic partners gave birth to the
child.
   (3) Both spouses or domestic partners are identified on the birth
certificate as parents.
   (c) The parties to a stipulated stepparent adoption shall execute
and acknowledge an agreement in writing that the child will be
treated in all respects as their lawful child, and shall file this
agreement with the court. A stipulated stepparent adoption does not
require an examination by the court or any other court proceedings.
   (d) A stipulated stepparent adoption does not require a background
check, home study, or any related fees.