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 Page 2 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