Amended in Assembly April 28, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2344


Introduced by Assembly Member Ammiano

February 21, 2014


An act tobegin insert amend Sections 7962, 9001, 9002, 9006, and 9007 of, and toend insert add Sections 7613.5 andbegin delete 9008 toend deletebegin insert 9000.5 to,end insert the Family Code, relating to family law.

LEGISLATIVE COUNSEL’S DIGEST

AB 2344, as amended, 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 establishbegin delete a statutory parentage formend deletebegin insert statutory formsend insert for assisted reproductionbegin delete that would establish the parental rights of donor and intended parent parties toend deletebegin insert to provide clarity regarding a person’s intent to be a legal parent if he or she is usingend insert assisted reproductionbegin delete that results in a childend deletebegin insert at the time of conceptionend insert. The bill would state that thebegin delete use of this form, if signed prior to the conception of a child, is presumed to meetend deletebegin insert forms satisfyend insert the writing requirement described abovebegin insert, but would state that use of the forms would not be required to satisfy that writing requirementend insert.

(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.

begin delete

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.

end delete
begin insert

This bill would establish a procedure for conducting a stepparent adoption involving a spouse or partner who gave birth to the child during the marriage or domestic partnership, and would exempt these adoptions from the requirements that a home visit or home study be performed, that the prospective adoptive parent appear before the court, and that the prospective adoptive parent be liable for all reasonable costs incurred in connection with the stepparent adoption, unless otherwise ordered by the court for good cause. The bill would make related and conforming changes.

end insert
begin insert

(3) Existing law requires an assisted reproduction agreement for gestational carriers to include the date on which the assisted reproduction agreement was executed, the persons from which the gametes originated, unless anonymously donated, and the identity of the intended parent or parents.

end insert
begin insert

This bill would require a disclosure of the manner in which the intended parents will cover the medical expenses of the gestational carrier and of the newborn, as provided.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 7613.5 is added to the end insertbegin insertFamily Codeend insertbegin insert, to
2read:end insert

begin insert
3

begin insert7613.5.end insert  

(a) An intended parent may, but is not required to,
4use the forms set forth in this section to demonstrate his or her
5intent to be a legal parent of a child conceived through assisted
6reproduction. These forms shall satisfy the writing requirement
7specified in Section 7613, and are designed to provide clarity
8regarding the intentions, at the time of conception, of intended
9parents using assisted reproduction. These forms do not affect any
10presumptions of parentage based on Section 7611, and do not
11preclude a court from considering any other claims to parentage
12under California statute or case law.

13(b) These forms apply only in very limited circumstances. Please
14read the forms carefully to see if you qualify for use of the forms.

15(c) These forms do not apply to assisted reproduction
16agreements for gestational carriers or surrogacy agreements.

17(d) Nothing in this section shall be interpreted to require the
18use of one of these forms to satisfy the writing requirement of
19Section 7613.

20(e) The following are the optional California Statutory Forms
21for Assisted Reproduction:


22

 

begin insert

California Statutory Forms for Assisted Reproduction, Form 1:

end insert
begin insert end insert
begin insert

Married Spouses or Registered Domestic Partners Using Assisted Reproduction to Conceive a Child

end insert
begin insert

Use this form if: (1) You and the other person are married spouses or registered domestic partners (including registered domestic partners or civil union partners from another jurisdiction); (2) you and the other person are conceiving a child through assisted reproduction using sperm and/or egg donation; and (3) one of you will be giving birth.

end insert
begin insert end insert
begin insert

WARNING: Signing this form does not terminate the parentage of a sperm donor, who is only treated as a sperm donor if the sperm is provided to a licensed physician or surgeon or to a licensed sperm bank prior to insemination as required by Section 7613(b) of the Family Code.

end insert
begin insert end insert
begin insert

The laws about parentage of a child are complicated. You are strongly encouraged to consult with an attorney about your rights. Even if you do not fill out this form, a spouse or domestic partner of the parent giving birth is presumed to be a legal parent of any child born during the marriage or domestic partnership.

end insert
begin insert end insert
begin insert

______ ______

end insert
begin insert end insert
begin insert

This form demonstrates your intent to be parents of the child you plan to conceive through assisted reproduction using sperm and/or egg donation.

end insert
begin insert end insert
begin insert

I, ____________________ (print name of spouse/partner), am married to, or in a registered domestic partnership (including a registered domestic partnership or civil union from another jurisdiction) with, a person who will give birth to a child we plan to conceive through assisted reproduction using sperm and/or egg donation. I consent to the use of assisted reproduction by my spouse/domestic partner to conceive a child. I INTEND to be a parent of the child conceived.

end insert
begin insert end insert
begin insert

SIGNATURES

end insert
begin insert end insert
begin insert

Intended parent who will give birth: ___________________ (print name)

end insert
begin insert

________________________ (signature)  ____________(date)

end insert
begin insert end insert
begin insert

Intended parent spouse or registered domestic partner: ____________ (print name)

end insert
begin insert

_________________________ (signature)  ___________(date)

end insert
P4   28P4   12P4   21P4    5P4    933

 

 

begin insert

______ ______

end insert
begin insert end insert
begin insert

NOTARY ACKNOWLEDGMENT

end insert
begin insert end insert
begin insert

State of California

end insert
begin insert

County of    )      

end insert
begin insert end insert
begin insert

On     before me,
(insert name and title of the officer)

end insert
begin insert

personally appeared    ,

end insert
begin insert

who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

end insert
begin insert end insert
begin insert

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

end insert
begin insert end insert
begin insert

WITNESS my hand and official seal.

end insert
begin insert end insert
begin insert

Signature     (Seal)

end insert
begin insert end insert
P4   21P4    5P4    933

 

 

begin insert

______ ______

end insert
begin insert end insert
begin insert

California Statutory Forms for Assisted Reproduction, Form 2:

end insert
begin insert end insert
begin insert

Unmarried, Intended Parents Using Intended Parent’s Sperm to Conceive a Child

end insert
begin insert

Use this form if: (1) Neither you or the other person are married or in a registered domestic partnership (including a registered domestic partnership or civil union from another state); (2) one of you will give birth to a child conceived through assisted reproduction using the intended parent’s sperm; and (3) you both intend to be parents of that child.

end insert
begin insert end insert
begin insert

Do not use this form if you are conceiving using a surrogate.

end insert
begin insert end insert
begin insert

WARNING: If you do not sign this form, you will be treated as a sperm donor if your sperm is provided to a licensed physician or surgeon or to a licensed sperm bank prior to insemination according to Section 7613(b) of the Family Code.

end insert
begin insert end insert
begin insert

The laws about parentage of a child are complicated. You are strongly encouraged to consult with an attorney about your rights.

end insert
begin insert end insert
begin insert

______ ______

end insert
begin insert end insert
begin insert

This form demonstrates your intent to be parents of the child you plan to conceive through assisted reproduction using sperm donation.

end insert
begin insert end insert
begin insert

I, ____________________ (print name of parent giving birth), plan to use assisted reproduction with another intended parent who is providing sperm to conceive the child. I am not married and am not in a registered domestic partnership (including a registered domestic partnership or civil union from another jurisdiction), and I INTEND for the person providing sperm to be a parent of the child to be conceived.

end insert
begin insert end insert
begin insert

I, ____________________ (print name of parent providing sperm), plan to use assisted reproduction to conceive a child using my sperm with the parent giving birth. I am not married and am not in a registered domestic partnership (including a registered domestic partnership or civil union from another jurisdiction), and I INTEND to be a parent of the child to be conceived.

end insert
begin insert end insert
begin insert

SIGNATURES

end insert
begin insert end insert
begin insert

Intended parent giving birth: ___________________ (print name)

end insert
begin insert

________________________ (signature)  ____________(date)

end insert
begin insert end insert
begin insert

Intended parent providing sperm: ____________ (print name)

end insert
begin insert

_________________________ (signature)  ___________(date)

end insert
P4    933

 

 

begin insert

______ ______

end insert
begin insert end insert
begin insert

NOTARY ACKNOWLEDGMENT

end insert
begin insert end insert
begin insert

State of California

end insert
begin insert

County of    )      

end insert
begin insert end insert
begin insert

On     before me,
(insert name and title of the officer)

end insert
begin insert

personally appeared    ,

end insert
begin insert

who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

end insert
begin insert end insert
begin insert

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

end insert
begin insert end insert
begin insert

WITNESS my hand and official seal.

end insert
begin insert end insert
begin insert

Signature     (Seal)

end insert
begin insert end insert

 

 

begin insert

______ ______

end insert
begin insert end insert
begin insert

California Statutory Forms for Assisted Reproduction, Form 3:

end insert
begin insert end insert
begin insert

Intended Parents Conceiving a Child Using Eggs from One Parent and the Other Parent Will Give Birth

end insert
begin insert

Use this form if: You are conceiving a child using the eggs from one of you and the other person will give birth to the child; (2) and you both intend to be parents to that child.

end insert
begin insert end insert
begin insert

Do not use this form if you are conceiving using a surrogate.

end insert
begin insert end insert
begin insert

WARNING: Signing this form does not terminate the parentage of a sperm donor, who is only treated as a sperm donor if the sperm is provided to a licensed physician or surgeon or to a licensed sperm bank prior to insemination as required by Section 7613(b) of the Family Code.

end insert
begin insert end insert
begin insert

The laws about parentage of a child are complicated. You are strongly encouraged to consult with an attorney about your rights.

end insert
begin insert end insert
begin insert

______ ______

end insert
begin insert end insert
begin insert

This form demonstrates your intent to be parents of the child you plan to conceive through assisted reproduction using eggs from one parent and the other parent will give birth to the child.

end insert
begin insert end insert
begin insert

I, ____________________ (print name of parent giving birth), plan to use assisted reproduction to conceive and give birth to a child with another person who will provide eggs to conceive the child. I INTEND for the person providing eggs to be a parent of the child to be conceived.

end insert
begin insert end insert
begin insert

I, ____________________ (print name of parent providing eggs), plan to use assisted reproduction to conceive a child with another person who will give birth to the child conceived using my eggs. I INTEND to be a parent of the child to be conceived.

end insert
begin insert end insert
begin insert

SIGNATURES

end insert
begin insert end insert
begin insert

Intended parent giving birth: ___________________ (print name)

end insert
begin insert

________________________ (signature)  ____________(date)

end insert
begin insert end insert
begin insert

Intended parent providing eggs: ____________ (print name)

end insert
begin insert

_________________________ (signature)  ___________(date)

end insert

 

 

begin insert

______ ______

end insert
begin insert end insert
begin insert

NOTARY ACKNOWLEDGMENT

end insert
begin insert end insert
begin insert

State of California

end insert
begin insert

County of    )      

end insert
begin insert end insert
begin insert

On     before me,
(insert name and title of the officer)

end insert
begin insert

personally appeared    ,

end insert
begin insert

who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

end insert
begin insert end insert
begin insert

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

end insert
begin insert end insert
begin insert

WITNESS my hand and official seal.

end insert
begin insert end insert
begin insert

Signature     (Seal)

end insert
begin insert end insert

 

end insert
34begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 7962 of the end insertbegin insertFamily Codeend insertbegin insert is amended to read:end insert

35

7962.  

(a) An assisted reproduction agreement for gestational
36carriers shall contain, but shall not be limited to, all of the following
37information:

38(1) The date on which the assisted reproduction agreement for
39gestational carriers was executed.

P9    1(2) The persons from which the gametes originated, unless
2 anonymously donated.

3(3) The identity of the intended parent or parents.

begin insert

4(4) Disclosure of how the intended parents will cover the
5medical expenses of the gestational carrier and of the newborn or
6 newborns. If health insurance coverage is used to cover those
7medical expenses, the disclosure shall include a review of the
8health insurance policy provisions related to coverage for
9surrogate pregnancy, including any possible liability of the
10gestational carrier and any notice requirements that could impact
11coverage or liability of the gestational carrier.

end insert

12(b) Prior to executing the written assisted reproduction
13agreement for gestational carriers, a surrogate and the intended
14parent or intended parents shall be represented by separate
15independent licensed attorneys of their choosing.

16(c) The assisted reproduction agreement for gestational carriers
17shall be executed by the parties and the signatures on the assisted
18reproduction agreement for gestational carriers shall be notarized
19or witnessed by an equivalent method of affirmation as required
20in the jurisdiction where the assisted reproduction agreement for
21gestational carriers is executed.

22(d) The parties to an assisted reproduction agreement for
23gestational carriers shall not undergo an embryo transfer procedure,
24or commence injectable medication in preparation for an embryo
25transfer for assisted reproduction purposes, until the assisted
26reproduction agreement for gestational carriers has been fully
27executed as required by subdivisions (b) and (c) of this section.

28(e) An action to establish the parent-child relationship between
29the intended parent or parents and the child as to a child conceived
30pursuant to an assisted reproduction agreement for gestational
31carriers may be filed before the child’s birth and may be filed in
32the county where the child is anticipated to be born, the county
33where the intended parent or intended parents reside, the county
34where the surrogate resides, the county where the assisted
35reproduction agreement for gestational carriers is executed, or the
36county where medical procedures pursuant to the agreement are
37to be performed. A copy of the assisted reproduction agreement
38for gestational carriers shall be lodged in the court action filed for
39the purpose of establishing the parent-child relationship. The parties
40to the assisted reproduction agreement for gestational carriers shall
P10   1attest, under penalty of perjury, and to the best of their knowledge
2and belief, as to the parties’ compliance with this section in entering
3into the assisted reproduction agreement for gestational carriers.
4Submitting those declarations shall not constitute a waiver, under
5Section 912 of the Evidence Code, of the lawyer-client privilege
6described in Article 3 (commencing with Section 950) of Chapter
74 of Division 8 of the Evidence Code.

8(f) (1) A notarized assisted reproduction agreement for
9gestational carriers signed by all the parties, with the attached
10declarations of independent attorneys, and lodged with the superior
11court in accordance with this section, shall rebut any presumptions
12contained within Part 2 (commencing with Section 7540),
13subdivision (b) of Section 7610, and Sections 7611 and 7613, as
14to the gestational carrier surrogate, her spouse, or partner being a
15parent of the child or children.

16(2) Upon petition of any party to a properly executed assisted
17reproduction agreement for gestational carriers, the court shall
18issue a judgment or order establishing a parent-child relationship,
19whether pursuant to Section 7630 or otherwise. The judgment or
20order may be issued before or after the child’s or children’s birth
21subject to the limitations of Section 7633. Subject to proof of
22compliance with this section, the judgment or order shall establish
23the parent-child relationship of the intended parent or intended
24parents identified in the surrogacy agreement and shall establish
25that the surrogate, her spouse, or partner is not a parent of, and has
26no parental rights or duties with respect to, the child or children.
27The judgment or order shall terminate any parental rights of the
28surrogate and her spouse or partner without further hearing or
29evidence, unless the court or a party to the assisted reproduction
30agreement for gestational carriers has a good faith, reasonable
31belief that the assisted reproduction agreement for gestational
32carriers or attorney declarations were not executed in accordance
33with this section. Upon motion by a party to the assisted
34reproduction agreement for gestational carriers, the matter shall
35be scheduled for hearing before a judgment or order is issued.
36Nothing in this section shall be construed to prevent a court from
37finding and declaring that the intended parent is or intended parents
38are the parent or parents of the child where compliance with this
39section has not been met; however, the court shall require sufficient
40proof entitling the parties to the relief sought.

P11   1(g) The petition, relinquishment or consent, agreement, order,
2report to the court from any investigating agency, and any power
3of attorney and deposition filed in the office of the clerk of the
4court pursuant to this part shall not be open to inspection by any
5person other than the parties to the proceeding and their attorneys
6and the State Department of Social Services, except upon the
7written authority of a judge of the superior court. A judge of the
8superior court shall not authorize anyone to inspect the petition,
9relinquishment or consent, agreement, order, report to the court
10from any investigating agency, or power of attorney or deposition,
11or any portion of those documents, except in exceptional
12circumstances and where necessary. The petitioner may be required
13to pay the expense of preparing the copies of the documents to be
14inspected.

15(h) Upon the written request of any party to the proceeding and
16the order of any judge of the superior court, the clerk of the court
17shall not provide any documents referred to in subdivision (g) for
18inspection or copying to any other person, unless the name of the
19gestational carrier or any information tending to identify the
20gestational carrier is deleted from the documents or copies thereof.

21(i) An assisted reproduction agreement for gestational carriers
22executed in accordance with this section is presumptively valid
23and shall not be rescinded or revoked without a court order. For
24purposes of this part, any failure to comply with the requirements
25of this section shall rebut the presumption of the validity of the
26assisted reproduction agreement for gestational carriers.

27begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 9000.5 is added to the end insertbegin insertFamily Codeend insertbegin insert, to read:end insert

begin insert
28

begin insert9000.5.end insert  

(a) Stepparent adoptions where one of the spouses or
29partners gave birth to the child during the marriage or domestic
30partnership, including a registered domestic partnership or civil
31union from another jurisdiction, shall follow the procedure
32provided by this section. Unless otherwise provided in this section,
33the procedures for stepparent adoptions apply.

34(b) The following are not required in stepparent adoptions under
35this section unless otherwise ordered by the court for good cause:

36(1) A home investigation pursuant to Section 9001 or a home
37study.

38(2) Costs incurred pursuant to Section 9002.

39(3) A hearing pursuant to Section 9007.

P12   1(c) For stepparent adoptions filed under this section, the
2following shall be filed with the petition for adoption:

3(1) A copy of the parties’ marriage certificate, registered
4domestic partner certificate, or civil union from another
5jurisdiction.

6(2) A copy of the child’s birth certificate.

7(3) Declarations by the parent who gave birth and the spouse
8or partner who is adopting explaining the circumstances of the
9child’s conception in detail sufficient to identify whether there may
10be other persons with a claim to parentage of the child who is
11required to be provided notice of, or who must consent to, the
12adoption.

13(d) The court may order a hearing to ascertain whether there
14are additional persons who must be provided notice of, or who
15must consent to, the adoption if it appears from the face of the
16pleadings and the evidence that proper notice or consent have not
17been provided.

18(e) The court shall grant the stepparent adoption under this
19section upon finding both of the following:

20(1) That the parent who gave birth and the spouse or partner
21who is adopting were married or in a domestic partnership,
22including a registered domestic partnership or civil union from
23another jurisdiction, at the time of the child’s birth.

24(2) Any other person with a claim to parentage of the child who
25is required to be provided notice of, or who must consent to, the
26adoption has been noticed or provided consent to the adoption.

end insert
27begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 9001 of the end insertbegin insertFamily Codeend insertbegin insert is amended to read:end insert

28

9001.  

(a) begin deleteThe end deletebegin insertExcept as provided in Section 9000.5, the end insert
29probation officer, qualified court investigator, licensed clinical
30social worker, licensed marriage family therapist, private licensed
31adoption agency, or, at the option of the board of supervisors, the
32county welfare department in the county in which the adoption
33proceeding is pending shall make an investigation of each case of
34stepparent adoption. The court may not make an order of adoption
35until after the probation officer, qualified court investigator,
36licensed clinical social worker, licensed marriage family therapist,
37private licensed adoption agency, or county welfare department
38has filed its report and recommendation and they have been
39considered by the court.

P13   1(b) If a private licensed adoption agency conducts the
2investigation, it shall assign the investigation to a licensed clinical
3social worker or licensed marriage and family therapist associated
4with the agency. Any grievance regarding the investigation shall
5be directed to the licensing authority of the clinical social worker
6or marriage and family therapist, as applicable.

7(c) Unless ordered by the court, no home study may be required
8of the petitioner’s home in a stepparent adoption. The agency
9conducting the investigation or any interested person may request
10the court to order a home study or the court may order a home
11study on its own motion.

12(d) “Home study” as used in this section means a physical
13investigation of the premises where the child is residing.

14(e) Nothing in this section shall be construed to require the State
15Department of Social Services to issue regulations for stepparent
16adoptions.

17begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 9002 of the end insertbegin insertFamily Codeend insertbegin insert is amended to read:end insert

18

9002.  

begin deleteIn end deletebegin insertExcept as provided in Section 9000.5, in end inserta stepparent
19adoption, the prospective adoptive parent is liable for all reasonable
20costs incurred in connection with the stepparent adoption,
21including, but not limited to, costs incurred for the investigation
22required by Section 9001, up to a maximum of seven hundred
23dollars ($700). The court, probation officer, qualified court
24investigator, or county welfare department may defer, waive, or
25reduce the fee if its payment would cause economic hardship to
26the prospective adoptive parent detrimental to the welfare of the
27adopted child.

28begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 9006 of the end insertbegin insertFamily Codeend insertbegin insert is amended to read:end insert

29

9006.  

(a) If the petitioner moves to withdraw the adoption
30petition or to dismiss the proceeding, the court clerk shall
31immediately notify the probation officer, qualified court
32investigator, or county welfare department of the actionbegin insert, unless a
33home investigation was not required pursuant to Section 9000.5end insert
.

34(b) If a birth parent has refused to give the required consent, the
35adoption petition shall be dismissed.

36begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 9007 of the end insertbegin insertFamily Codeend insertbegin insert is amended to read:end insert

37

9007.  

begin deleteThe end deletebegin insertExcept as provided in Section 9000.5, the end insertprospective
38adoptive parent and the child proposed to be adopted shall appear
39before the court pursuant to Sections 8612, 8613, and 8613.5.

begin delete
P14   1

SECTION 1.  

Section 7613.5 is added to the Family Code, to read:

2

7613.5.  

(a) The donor of semen or ova for use in assisted
3reproduction and the intended parents of the child created through
4that process may use the form prescribed in this section to
5determine parental rights.

6(b) The following is the California Statutory Parentage Form
7for Assisted Reproduction:


9INSTRUCTIONS

101. READ THE FORM. Read the whole form first. If you do not
11understand something, ask a lawyer to explain it to you.

122. FILL IN THE BLANKS. Follow the instructions carefully.
13Do not add any words to the form (except for filling in the blanks)
14or cross out any words.

153. DATE AND SIGN THE FORM. All parties to the form,
16intended parents and any donors, are required to sign the form
17before the conception of the child.

18Donor Name: ________________________

19Donated sperm __ Donated ova __ (check one)

20Parent 1: ______________________ (if one parent is gestating
21the child, enter that parent’s name on this line).

22Parent 2: _______________________ (if applicable)

23Check the statement that describes the rights of the parties.

24__ The donor shall have no parental rights as regards any child
25that results from assisted reproduction using the donated gametes.
26The person or persons listed above as parents shall have all parental
27rights.

28__ The donor shall be presumed to be the father of a child that
29results from assisted reproduction using the donated sperm.

30__ The donor shall be presumed to be the mother of a child that
31results from assisted reproduction using the donated ova.

32Signatures:

33Donor: ____________________  Date: __________

34Parent 1: ___________________ Date: __________

35Parent 2: ___________________ Date: __________
36


37(c) The use of this form, if signed prior to the conception of a
38child, shall be presumed to meet the writing requirement in
39subdivision (b) of Section 7613.

P15   1(d) Nothing in this section shall be construed to limit the parental
2 rights of a donor who is married to one of the intended parents.

3

SEC. 2.  

Section 9008 is added to the Family Code, to read:

4

9008.  

(a) It is the intent of the Legislature to provide a
5streamlined process for married couples or registered domestic
6partners to legally adopt children of the relationship so as to ensure
7that they maintain full parenting rights in jurisdictions outside of
8California that may not otherwise recognize the parenting rights
9established under California law.

10(b) A stipulated stepparent adoption may be performed if all of
11the following criteria are met:

12(1) The child to be adopted was born into the marriage or
13domestic partnership.

14(2) One of the spouses or domestic partners gave birth to the
15child.

16(3) Both spouses or domestic partners are identified on the birth
17certificate as parents.

18(c) The parties to a stipulated stepparent adoption shall execute
19and acknowledge an agreement in writing that the child will be
20treated in all respects as their lawful child, and shall file this
21agreement with the court. A stipulated stepparent adoption does
22not require an examination by the court or any other court
23proceedings.

24(d) A stipulated stepparent adoption does not require a
25background check, home study, or any related fees.

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