BILL NUMBER: AB 2344 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 9, 2014
AMENDED IN ASSEMBLY APRIL 28, 2014
INTRODUCED BY Assembly Member Ammiano
FEBRUARY 21, 2014
An act to amend Sections 7962, 9001, 9002, 9006, and 9007 of, and
to add Sections 7613.5 and 9000.5 to, 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 establish statutory forms for assisted
reproduction to provide clarity regarding a person's intent to be a
legal parent if he or she is using assisted reproduction at the time
of conception. The bill would state that the forms satisfy the
writing requirement described above, but would state that use of the
forms would not be required to satisfy that writing requirement.
(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 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.
(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.
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.
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) An intended parent may, but is not required to, use
the forms set forth in this section to demonstrate his or her intent
to be a legal parent of a child conceived through assisted
reproduction. These forms shall satisfy the writing requirement
specified in Section 7613, and are designed to provide clarity
regarding the intentions, at the time of conception, of intended
parents using assisted reproduction. These forms do not affect any
presumptions of parentage based on Section 7611, and do not preclude
a court from considering any other claims to parentage under
California statute or case law.
(b) These forms apply only in very limited circumstances. Please
read the forms carefully to see if you qualify for use of the forms.
(c) These forms do not apply to assisted reproduction agreements
for gestational carriers or surrogacy agreements.
(d) Nothing in this section shall be interpreted to require the
use of one of these forms to satisfy the writing requirement of
Section 7613.
(e) The following are the optional California Statutory Forms for
Assisted Reproduction:
California Statutory Forms for Assisted
Reproduction, Form 1:
Married Spouses or Registered Domestic Partners
Using Assisted Reproduction to Conceive a Child
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.
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.
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.
_______________________________________________
This form demonstrates your intent to be
parents of the child you plan to conceive
through assisted reproduction using sperm
and/or egg donation.
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.
SIGNATURES
Intended parent who will give birth:
___________________ (print name)
________________________ (signature)
____________(date)
Intended parent spouse or registered domestic
partner: ____________ (print name)
_________________________ (signature)
___________(date)
_______________________________________________
NOTARY ACKNOWLEDGMENT
State of California
County of )
On ____ before me, _____________________________
(insert name and title of the
________
officer)
personally appeared ___________________________,
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.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature_______________________________ (Seal)
_______________________________________________
California Statutory Forms for Assisted
Reproduction, Form 2:
Unmarried, Intended Parents Using Intended
Parent's Sperm to Conceive a Child
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.
Do not use this form if you are conceiving
using a surrogate.
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.
The laws about parentage of a child are
complicated. You are strongly encouraged to
consult with an attorney about your rights.
_______________________________________________
This form demonstrates your intent to be
parents of the child you plan to conceive
through assisted reproduction using sperm
donation.
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.
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.
SIGNATURES
Intended parent giving birth:
___________________ (print name)
________________________ (signature)
____________(date)
Intended parent providing sperm: ____________
(print name)
_________________________ (signature)
___________(date)
_______________________________________________
NOTARY ACKNOWLEDGMENT
State of California
County of )
On ____ before me, _____________________________
(insert name and title of the
________
officer)
personally appeared ___________________________,
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.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature_______________________________ (Seal)
_______________________________________________
California Statutory Forms for Assisted
Reproduction, Form 3:
Intended Parents Conceiving a Child Using Eggs
from One Parent and the Other Parent Will Give
Birth
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.
Do not use this form if you are conceiving
using a surrogate.
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.
The laws about parentage of a child are
complicated. You are strongly encouraged to
consult with an attorney about your rights.
_______________________________________________
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.
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.
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.
SIGNATURES
Intended parent giving birth:
___________________ (print name)
________________________ (signature)
____________(date)
Intended parent providing eggs: ____________
(print name)
_________________________ (signature)
___________(date)
_______________________________________________
NOTARY ACKNOWLEDGMENT
State of California
County of )
On ____ before me, _____________________________
(insert name and title of the
________
officer)
personally appeared _____________________,
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.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature_______________________________ (Seal)
SEC. 2. Section 7962 of the Family Code is amended 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.
(4) Disclosure of how the intended parents will cover the medical
expenses of the gestational carrier and of the newborn or newborns.
If health insurance care coverage is
used to cover those medical expenses, the disclosure shall include a
review of the health insurance care
policy provisions related to coverage for surrogate pregnancy,
including any possible liability of the gestational carrier ,
third- party liability liens or other insurance coverage,
and any notice requirements that could impact
affect coverage or liability of the gestational
carrier. The review and disclosure do not constitute legal
advice. If coverage of liability is uncertain, a statement of that
fact shall be sufficient to meet the requirements of this section.
(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. 3. Section 9000.5 is added to the Family Code, to read:
9000.5. (a) Stepparent adoptions where one of the spouses or
partners gave birth to the child during the marriage or domestic
partnership, including a registered domestic partnership or civil
union from another jurisdiction, shall follow the procedure provided
by this section. Unless otherwise provided in this section, the
procedures for stepparent adoptions apply.
(b) The following are not required in stepparent adoptions under
this section unless otherwise ordered by the court for good cause:
(1) A home investigation pursuant to Section 9001 or a home study.
(2) Costs incurred pursuant to Section 9002.
(3) A hearing pursuant to Section 9007.
(c) For stepparent adoptions filed under this section, the
following shall be filed with the petition for adoption:
(1) A copy of the parties' marriage certificate, registered
domestic partner certificate, or civil union from another
jurisdiction.
(2) A copy of the child's birth certificate.
(3) Declarations by the parent who gave birth and the spouse or
partner who is adopting explaining the circumstances of the child's
conception in detail sufficient to identify whether there may be
other persons with a claim to parentage of the child who is required
to be provided notice of, or who must consent to, the adoption.
(d) The court may order a hearing to ascertain whether there are
additional persons who must be provided notice of, or who must
consent to, the adoption if it appears from the face of the pleadings
and the evidence that proper notice or consent have not been
provided.
(e) The court shall grant the stepparent adoption under this
section upon finding both of the following:
(1) That the parent who gave birth and the spouse or partner who
is adopting were married or in a domestic partnership, including a
registered domestic partnership or civil union from another
jurisdiction, at the time of the child's birth.
(2) Any other person with a claim to parentage of the child who is
required to be provided notice of, or who must consent to, the
adoption has been noticed or provided consent to the adoption.
SEC. 4. Section 9001 of the Family Code is amended to read:
9001. (a) Except as provided in Section 9000.5, the probation
officer, qualified court investigator, licensed clinical social
worker, licensed marriage family therapist, private licensed adoption
agency, or, at the option of the board of supervisors, the county
welfare department in the county in which the adoption proceeding is
pending shall make an investigation of each case of stepparent
adoption. The court may not make an order of adoption until after the
probation officer, qualified court investigator, licensed clinical
social worker, licensed marriage family therapist, private licensed
adoption agency, or county welfare department has filed its report
and recommendation and they have been considered by the court.
(b) If a private licensed adoption agency conducts the
investigation, it shall assign the investigation to a licensed
clinical social worker or licensed marriage and family therapist
associated with the agency. Any grievance regarding the investigation
shall be directed to the licensing authority of the clinical social
worker or marriage and family therapist, as applicable.
(c) Unless ordered by the court, no home study may be required of
the petitioner's home in a stepparent adoption. The agency conducting
the investigation or any interested person may request the court to
order a home study or the court may order a home study on its own
motion.
(d) "Home study" as used in this section means a physical
investigation of the premises where the child is residing.
(e) Nothing in this section shall be construed to require the
State Department of Social Services to issue regulations for
stepparent adoptions.
SEC. 5. Section 9002 of the Family Code is amended to read:
9002. Except as provided in Section 9000.5, in a stepparent
adoption, the prospective adoptive parent is liable for all
reasonable costs incurred in connection with the stepparent adoption,
including, but not limited to, costs incurred for the investigation
required by Section 9001, up to a maximum of seven hundred dollars
($700). The court, probation officer, qualified court investigator,
or county welfare department may defer, waive, or reduce the fee if
its payment would cause economic hardship to the prospective adoptive
parent detrimental to the welfare of the adopted child.
SEC. 6. Section 9006 of the Family Code is amended to read:
9006. (a) If the petitioner moves to withdraw the adoption
petition or to dismiss the proceeding, the court clerk shall
immediately notify the probation officer, qualified court
investigator, or county welfare department of the action, unless a
home investigation was not required pursuant to Section 9000.5.
(b) If a birth parent has refused to give the required consent,
the adoption petition shall be dismissed.
SEC. 7. Section 9007 of the Family Code is amended to read:
9007. Except as provided in Section 9000.5, the prospective
adoptive parent and the child proposed to be adopted shall appear
before the court pursuant to Sections 8612, 8613, and 8613.5.