BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 2344
                                                                  Page  1

          Date of Hearing:   May 14, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                   AB 2344 (Ammiano) - As Amended:  April 28, 2014 

          Policy Committee:                              JudiciaryVote:10  
          - 0 

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill, known as the Modern Family Act, makes changes to  
          support parents using assisted reproduction to create families.   
           Specifically, this bill: 

          1)Creates optional forms to allow intended parents to state, in  
            writing, their intention to parent a child being conceived  
            through use of assisted reproduction.  States that the forms  
            do not affect any presumptions or claims of parentage based on  
            existing statute or case law.  The created forms address the  
            following situations:

             a)   Married spouses or registered domestic partners (or  
               civil union partners from another state) who are using  
               assisted reproduction to conceive and one partner will be  
               giving birth.

             b)   Unmarried, intended parents using sperm donated from one  
               of the intended parents.

             c)   Intended parents conceiving a child with eggs donated  
               from one of them, while the other will give birth.

          2)Requires that an assisted reproduction agreement for  
            gestational carriers (a surrogacy agreement) include a  
            disclosure of how the intended parents will cover the medical  
            expenses of the gestational carrier and the newborn.  If  
            health insurance will be used, requires that the disclosure  
            include a review of insurance policy's provisions related to  
            coverage for surrogate pregnancy, including any possible  
            liability for the gestational carrier and any notice  








                                                                  AB 2344
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            requirements that could impact coverage or liability for the  
            gestational carrier.  

          3)Creates a streamlined stepparent adoption process for children  
            born to married spouses, registered domestic partners, or  
            civil union partners to ensure recognition of parentage in  
            states that may not recognize the marriage, domestic  
            partnership or civil union and the establishment of parentage  
            that flow from those unions.  

           FISCAL EFFECT  

          Potential GF savings, likely minor, due to decreased court costs  
          resulting from the streamlining and clarifications in this bill.



           COMMENTS  

           Purpose  . The author writes:  "Medical advances in Assisted  
          Reproductive Technology (ART) have allowed many individuals and  
          couples to become parents.  Whereas the medical advances are  
          ahead, our family code statutes are shamefully behind.  AB 2344,  
          the Modern Family Act, updates three ART related situations,  
          removing barriers that intended parents, donors and surrogates  
          experience in the law."


           Analysis Prepared by  :    Jennifer Swenson / APPR. / (916)  
          319-2081