BILL NUMBER: AB 960 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Chiu
FEBRUARY 26, 2015
An act to amend Section 6306 Sections 7613
and 7613.5 of the Family Code, relating to domestic
violence. parentage.
LEGISLATIVE COUNSEL'S DIGEST
AB 960, as amended, Chiu. Prevention of domestic
violence: protective orders. Parentage: assisted
reproduction.
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.
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.
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.
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.
This bill would make technical, nonsubstantive changes to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7613 of the Family
Code is amended to read:
7613. (a) If, under the supervision of a licensed
physician and surgeon and If a woman conceives through
assisted reproduction with semen donated by a man not her spouse,
with the consent of her spouse, a woman conceives
through assisted reproduction with semen donated by a man not her
husband, the spouse another person, the other person
is treated in law as if he or she were the natural parent of a
child thereby conceived. The spouse's other
person's consent shall be in writing and signed by
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. the other person and
the woman conceiving through assisted reproduction.
(b) (1) The donor of semen provided
to a licensed physician and surgeon or to a licensed sperm bank
for use in assisted reproduction of
by a woman other than the donor's spouse is treated in law as
if he were not the natural parent of a child thereby
conceived, unless otherwise agreed to in a writing signed by the
donor and the woman prior to the conception of the child.
conceived if any of the following are met:
(A) The semen was provided to a licensed physician and surgeon or
to a licensed sperm bank for use in assisted reproduction.
(B) The donor and the woman agreed in a writing signed prior to
conception that the donor would not be a parent.
(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.
(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.
SEC. 2. Section 7613.5 of the Family
Code is amended 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:
Two People Using Assisted Reproduction to
Conceive a Child
Married Spouses or Registered Domestic Partners
Using Assisted Reproduction to Conceive a
Child
Use this form if: You and another person are
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 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
insemination as required by Section 7613(b) of
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, 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
person
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
not giving birth), intend to be a parent of a
child that ____________________ (print name of
person giving birth) will or has conceived
conceive through assisted reproduction using
sperm
sperm and/or egg donation. I consent to the use
of
of assisted reproduction by my spouse/domestic
partner to conceive a child.I INTEND to be a
assisted reproduction by the person who will
give birth.I INTEND to be a parent of the child
conceived.
conceived.
SIGNATURES
Intended parent who will give birth:
___________________ (print name)
________________________ (signature)
____________(date)
Intended parent spouse or registered domestic
Intended parent who will not give birth:
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 may
WARNING: If you do not sign this form, or a
similar agreement, you may 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
sperm donor if you conceive without having
sexual intercourse according to Section
7613(b) of the
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 insemination as required by Section 7613(b)
to 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, 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)
_______________________________________________
California Statutory Forms for Assisted
Reproduction, Form 4:
Intended Parent(s) Using a Known Sperm Donor to
Conceive a Child
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.
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. 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.
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 that your
sperm donor will not be a parent 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 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..
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.
(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.
SIGNATURES
Intended parent giving birth:
___________________ (print name)
________________________ (signature)
____________(date)
Sperm Donor: ___________________ (print name)
________________________ (signature)
____________(date)
Intended parent not giving birth: ____________
(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)
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.