Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 960

Introduced by Assembly Member Chiu

February 26, 2015

An act to amend begin delete Section 6306 end delete begin insert Sections 7613 and 7613.5 end insert of the Family Code, relating to begin delete domestic violence. end delete begin insert parentage. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 960, as amended, Chiu. begin delete Prevention of domestic violence: protective orders. end delete begin insert Parentage: assisted reproduction. end insert

begin insert

Existing law provides that the spouse of a woman who conceives through assisted reproduction with semen donated by a man not her husband is treated as if he or she were the natural parent of the child. Existing law further provides that the donor of semen provided to a licensed physician or to a licensed sperm bank for use in artificial insemination or in vitro fertilization of a woman other than the donor’s wife is treated as if he were not the natural father of the child.

end insert begin insert

This bill would provide that the donor of semen for use in assisted reproduction is treated as if he were not the natural parent of the child if the semen was provided to a licensed physician and surgeon or a licensed sperm bank, the donor and the woman agreed in a writing prior to conception that the donor would not be a parent, or a court finds satisfactory evidence that, prior to conception, the donor and the woman intended to conceive through artificial reproduction and both the woman and the donor intended that the donor would not be a parent.

end insert begin insert

This bill would also create a new form for assisted reproduction that would provide clarity regarding a person’s intent to be a legal parent if he or she is using assisted reproduction that results in a child at the time of conception from a known sperm donor. The bill would also state that the use of this form, if signed prior to the conception of a child, is presumed to satisfy the writing requirement described above.

end insert begin delete

Existing law authorizes a court to issue an order to restrain a person to prevent acts of domestic violence, abuse, sexual abuse, and to provide for a separation of persons involved in domestic violence. Under existing law, prior to a hearing on the issuance or denial of an order for this purpose, the court is required to ensure that a search of specified records and databases is or has been conducted to determine if the subject of the proposed order has a prior criminal conviction, as specified. Under existing law, prior to deciding whether to issue an order or when determining appropriate temporary custody and visitation orders, a court is required to consider specified information obtained pursuant to that search.

end delete begin delete

This bill would make technical, nonsubstantive changes to these provisions.

end delete

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 7613 of the end insert begin insert Family Code end insert begin insert is amended to
read: end insert

7613.  

(a)  begin delete If, under the supervision of a licensed physician and
surgeon and end delete begin insert If a woman conceives through assisted reproduction
with semen donated by a man not her spouse, end insert with the consent of
begin delete her spouse, a woman conceives through assisted reproduction with
semen donated by a man not her husband, the spouse end delete begin insert another
person, the other person end insert is treated in law as if he or she were the
natural parent of a child thereby conceived. The begin delete spouse’s end delete begin insert other
person’s end insert consent shall be in writing and signed by begin delete both spouses.
The physician and surgeon shall certify their signatures and the
date of the assisted reproduction procedure, and retain the spouse’s
consent as part of the medical record, where it shall be kept
confidential and in a sealed file. However, the physician and
surgeon’s failure to do so does not affect the parent and child
relationship. All papers and records pertaining to the assisted
reproduction procedure, whether part of the permanent record of
a court or of a file held by the supervising physician and surgeon
or elsewhere, are subject to inspection only upon an order of the
court for good cause shown. end delete begin insert the other person and the woman
conceiving through assisted reproduction. end insert

(b)  begin insert (1) end insert begin insert   end insert The donor of semen begin delete provided to a licensed physician
and surgeon or to a licensed sperm bank end delete for use in assisted
reproduction begin delete of end delete begin insert by end insert a woman other than the donor’s spouse is treated
in law as if he were not the natural parent of a child thereby
begin delete conceived, unless otherwise agreed to in a writing signed by the
donor and the woman prior to the conception of the child. end delete
begin insert conceived if any of the following are met: end insert

begin insert

(A) The semen was provided to a licensed physician and surgeon
or to a licensed sperm bank for use in assisted reproduction.

end insert begin insert

(B) The donor and the woman agreed in a writing signed prior
to conception that the donor would not be a parent.

end insert begin insert

(C) A court finds satisfactory evidence that, prior to the
conception of the child, the donor and the woman planned to
conceive through assisted reproduction and that both the donor
and the woman intended that the donor would not be a parent.

end insert begin insert

(2) Paragraph (1) does not apply to a man who provided semen
for use in assisted reproduction by a woman other than the man’s
spouse pursuant to a written agreement signed by the man and the
woman prior to conception of the child stating that they intended
for the man to be a parent.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 7613.5 of the end insert begin insert Family Code end insert begin insert is amended to read: end insert

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:

begin delete Married Spouses or Registered Domestic Partners Using Assisted Reproduction to Conceive a Child end delete begin insert Two People Using Assisted Reproduction to Conceive a Child end insert

Use this form if: begin delete (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 end delete begin insert You end insert and begin delete the other end delete begin insert another end insert person are conceiving a child through assisted reproduction using sperm and/or egg donation; and begin delete (3) end delete one of you will be giving birth.

WARNING: Signing this form does not terminate the parentage claim of a sperm donor. A sperm donor’s claim to parentage is terminated if the sperm is provided to a licensed physician or surgeon or to a licensed sperm bank prior to begin delete insemination end delete begin insert insemination, or if you conceive without having sexual intercourse and you have a written agreement signed by you, your spouse, and the donor that you will conceive using assisted reproduction and do not intend for the donor to be a parent, end insert 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 begin delete 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. end delete begin insert person not giving birth), intend to be a parent of a child that ____________________ (print name of person giving birth) will or has conceived through assisted reproduction using sperm and/or egg donation. end insert I consent to the use of assisted reproduction by begin delete my spouse/domestic partner to conceive a child. end delete begin insert the person who will give birth. end insert I INTEND to be a parent of the child conceived.

SIGNATURES

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

________________________ (signature)  ____________(date)

Intended parent begin delete spouse or registered domestic partner: end delete begin insert who will not give birth: end insert ____________ (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:

begin delete Unmarried, Intended Parents Using Intended Parent’s Sperm to Conceive a Child end delete begin insert Unmarried, Intended Parents Using Intended Parent’s Sperm to Conceive a Child end 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.

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

WARNING: If you do not sign this form, begin insert or a similar agreement, end insert you may be treated as a sperm donor if begin delete your sperm is provided to a licensed physician or surgeon or to a licensed sperm bank prior to insemination end delete begin insert you conceive without having sexual intercourse end insert 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 claim of a spermdonor. A sperm donor’s claim to parentage is terminated if the sperm is provided to a licensed physician or surgeon or to a licensed sperm bank prior to begin delete insemination end delete begin insert insemination, or if you conceive without having sexual intercourse and you have a written agreement signed by you, your spouse, and the donor that you will conceive using assisted reproduction and do not intend for the donor to be a parent, end insert 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)

 

 

begin insert

begin insert ______ ______ end insert

begin insert   end insert

begin insert California Statutory Forms for Assisted Reproduction, Form 4: end insert

begin insert   end insert

begin insert Intended Parent(s) Using a Known Sperm Donor to Conceive a Child end insert

begin insert Use this form if: You are using a known sperm donor to conceive a child and you do not intend for the donor to be a parent. 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 claim of a spermdonor. If you do not sign this form or a similar agreement, your sperm donor may be treated as a parent unless the sperm is provided to a licensed physician or surgeon or to a licensed sperm bank prior to insemination, or a court finds that there is satisfactory evidence that you planned to conceive through assisted reproduction and did not intend for the donor to be a parent, 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 that your sperm donor will not be a parent 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 to conceive using a sperm donor, and I DO NOT INTEND for the sperm donor to be a parent of the child to be conceived.. end insert

begin insert   end insert

begin insert I, ____________________ (print name of sperm donor), plan to donate my sperm to____________________ (print name of parent giving birth and second parent if applicable) I am not married and am not in a registered domestic partnership (including a registered domestic partnership or a civil union from another jurisdiction) with ____________________ (print name of parent giving birth), and I DO NOT INTEND to be a parent of the child to be conceived. end insert

begin insert   end insert

begin insert (If applicable) I, ____________________ (print name of intended parent not giving birth), I INTEND to be a parent of the child that .____________________ (print name of parent giving birth) will conceive through assisted reproduction using a sperm donor and I DO NOT INTEND to for the sperm donor to be a parent. I consent to the use of assisted reproduction by the person who will give birth. 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 Sperm Donor: ___________________ (print name) end insert

begin insert ________________________ (signature)  ____________(date) end insert

begin insert   end insert

begin insert Intended parent not giving birth: ____________ (print name) end insert

begin insert _________________________ (signature)  ___________(date) end insert

end insert

 

 

begin 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

 

begin delete

SECTION 1.  

Section 6306 of the Family Code is amended to
read:

6306.  

(a) Prior to a hearing on the issuance or denial of an
order under this part, the court shall ensure that a search is or has
been conducted to determine if the subject of the proposed order
has a prior criminal conviction for a violent felony specified in
Section 667.5 of the Penal Code or a serious felony specified in
Section 1192.7 of the Penal Code; has a misdemeanor conviction
involving domestic violence, weapons, or other violence; has an
outstanding warrant; is currently on parole or probation; has a
registered firearm; or has a prior restraining order or violation of
a prior restraining order. The search shall be conducted of all
records and databases readily available and reasonably accessible
to the court, including, but not limited to, the following:

(1) The California Sex and Arson Registry (CSAR).

(2) The Supervised Release File.

(3) State summary criminal history information maintained by
the Department of Justice pursuant to Section 11105 of the Penal
Code.

(4) The Federal Bureau of Investigation’s nationwide database.

(5) Locally maintained criminal history records or databases.

However, a record or database need not be searched if the
information available in that record or database can be obtained
as a result of a search conducted in another record or database.

(b) (1) Prior to deciding whether to issue an order under this
part or when determining appropriate temporary custody and
visitation orders, the court shall consider the following information
obtained pursuant to a search conducted under subdivision (a): a
conviction for a violent felony specified in Section 667.5 of the
Penal Code or a serious felony specified in Section 1192.7 of the
Penal Code; a misdemeanor conviction involving domestic
violence, weapons, or other violence; an outstanding warrant;
parole or probation status; a prior restraining order; and violation
of a prior restraining order.

(2) Information obtained as a result of the search that does not
involve a conviction described in this subdivision shall not be
considered by the court in making a determination regarding the
issuance of an order pursuant to this part. That information shall
be destroyed and shall not become part of the public file in this or
any other civil proceeding.

(c) (1) After issuing its ruling, the court shall advise the parties
that they may request the information described in subdivision (b)
upon which the court relied. The court shall admonish the party
seeking the proposed order that it is unlawful, pursuant to Sections
11142 and 13303 of the Penal Code, to willfully release the
information, except as authorized by law.

(2) Upon the request of either party to obtain the information
described in subdivision (b) upon which the court relied, the court
shall release the information to the parties or, upon either party’s
request, to his or her attorney in that proceeding.

(3) The party seeking the proposed order may release the
information to his or her counsel, court personnel, and
court-appointed mediators for the purpose of seeking judicial
review of the court’s order or for purposes of court proceedings
under Section 213.5 of the Welfare and Institutions Code.

(d) Information obtained as a result of the search conducted
pursuant to subdivision (a) and relied upon by the court shall be
maintained in a confidential case file and shall not become part of
the public file in the proceeding or any other civil proceeding.
However, the contents of the confidential case file shall be
disclosed to the court-appointed mediator assigned to the case or
to a child custody evaluator appointed by the court pursuant to
Section 730 of the Evidence Code or Section 3111 of this code.
All court-appointed mediators and child custody evaluators
appointed or contracted by the court pursuant to Section 730 of
the Evidence Code or Section 3111 of this code who may receive
information from the search conducted pursuant to subdivision (a)
shall be subject to, and shall comply with, the California Law
Enforcement Telecommunications System policies, practices, and
procedures adopted pursuant to Section 15160 of the Government
Code.

(e) If the results of the search conducted pursuant to subdivision
(a) indicate that an outstanding warrant exists against the subject
of the order, the court shall order the clerk of the court to
immediately notify, by the most effective means available,
appropriate law enforcement officials of the issuance and contents
of any protective order and of any other information obtained
through the search that the court determines is appropriate. The
law enforcement officials so notified shall take all actions necessary
to execute any outstanding warrants or any other actions, with
respect to the restrained person, as appropriate and as soon as
practicable.

(f) If the results of the search conducted pursuant to subdivision
(a) indicate that the subject of the order is currently on parole or
probation, the court shall order the clerk of the court to immediately
notify, by the most effective means available, the appropriate parole
or probation officer of the issuance and contents of any protective
order issued by the court and of any other information obtained
through the search that the court determines is appropriate. That
officer shall take all actions necessary to revoke any parole or
probation, or any other actions, with respect to the restrained
person, as appropriate and as soon as practicable.

(g) Nothing in this section shall delay the granting of an
application for an order that may otherwise be granted without the
information resulting from the database search. If the court finds
that a protective order under this part should be granted on the
basis of the affidavit presented with the petition, the court shall
issue the protective order and shall then ensure that a search is
conducted pursuant to subdivision (a) prior to the hearing.

end delete