Amended in Assembly April 28, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 960


Introduced by Assembly Member Chiu

begin insert

(Coauthors: Assembly Members Eggman and Low)

end insert
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(Coauthor: Senator Leno)

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February 26, 2015


An act to amend Sections 7613 and 7613.5 of the Family Code, relating to parentage.

LEGISLATIVE COUNSEL’S DIGEST

AB 960, as amended, Chiu. 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 semenbegin insert provided to a licensed physician and surgeon or to a licensed sperm bankend insert for use in assisted reproduction is treated as if he were not the natural parent of the childbegin delete if the semen was provided to a licensed physician and surgeon or a licensed sperm bank,end deletebegin insert unless otherwise agreed to in a writing signed by the donor and woman prior to the conception of the child. The bill would also provide, if the semen is not provided to a licensed physician and surgeon or a licensed sperm bank, that the donor of semen for use in assisted reproduction by a woman other than the donor’s spouse is treated in law as if he were not the natural parent of the child if eitherend insert the donor and the woman agreed in a writing prior to conception that the donor would not be abegin delete parent,end deletebegin insert parentend insert 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.begin insert The bill would provide that the donor of ova for use in assisted reproduction is treated as if she were not the natural parent of a child thereby conceived unless the court finds satisfactory evidence that the donor and the woman intended for the donor to be a parent.end 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 spermbegin insert or ovaend insert 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.

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

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

P2    1

SECTION 1.  

Section 7613 of the Family Code is amended to
2read:

3

7613.  

(a) If a woman conceives through assisted reproduction
4with semenbegin insert or ova or bothend insert donated by abegin delete manend deletebegin insert donorend insert not her spouse,
5with the consent of anotherbegin delete person, the other personend deletebegin insert intended
6parent, that intended parentend insert
is treated in law as if he or she were
7the natural parent of a child thereby conceived. The otherbegin delete person’send delete
8begin insert intended parent’send insert consent shall be in writing and signed by the
9otherbegin delete personend deletebegin insert intended parentend insert and the woman conceiving through
10assisted reproduction.

11(b) (1) The donor of semenbegin insert provided to a licensed physician
12and surgeon or to a licensed sperm bankend insert
for use in assisted
13reproduction by a woman other than the donor’s spouse is treated
14in law as if he were not the natural parent of a child thereby
15begin delete conceived if any of the following are met:end deletebegin insert conceived, unless
16otherwise agreed to in a writing signed by the donor and the
17woman prior to the conception of the child.end insert

begin delete

P3    1(A) The semen was provided to a licensed physician and surgeon
2or to a licensed sperm bank for use in assisted reproduction.

end delete
begin insert

3(2) If the semen is not provided to a licensed physician and
4surgeon or a licensed sperm bank as specified in paragraph (1),
5the donor of semen for use in assisted reproduction by a woman
6other than the donor’s spouse is treated in law as if he were not
7the natural parent of a child thereby conceived if either of the
8following are met:

end insert
begin delete

9(B)

end delete

10begin insert(end insertbegin insertA)end insert The donor and the woman agreed in a writing signed prior
11to conception that the donor would not be a parent.

begin delete

12(C)

end delete

13begin insert(end insertbegin insertB)end insert A court finds satisfactory evidence that, prior to the
14conception of the child, the donor and the woman planned to
15conceive through assisted reproduction and that both the donor
16and the woman intended that the donor would not be a parent.

begin delete

17(2) Paragraph (1) does

end delete

18begin insert(3)end insertbegin insertend insertbegin insertParagraphs (1) and (2) doend insert not apply to a man who provided
19semen for use in assisted reproduction by a woman other than the
20man’s spouse pursuant to a written agreement signed by the man
21and the woman prior to conception of the child stating that they
22intended for the man to be a parent.

begin insert

23(c) The donor of ova for use in assisted reproduction by a
24woman other than the donor’s spouse or nonmarital partner is
25treated in law as if she were not the natural parent of a child
26thereby conceived unless the court finds satisfactory evidence that
27the donor and the woman intended for the donor to be a parent.

end insert
28

SEC. 2.  

Section 7613.5 of the Family Code is amended to read:

29

7613.5.  

(a) An intended parent may, but is not required to, use
30the forms set forth in this section to demonstrate his or her intent
31to be a legal parent of a child conceived through assisted
32reproduction. These forms shall satisfy the writing requirement
33specified in Section 7613, and are designed to provide clarity
34regarding the intentions, at the time of conception, of intended
35parents using assisted reproduction. These forms do not affect any
36presumptions of parentage based on Section 7611, and do not
37preclude a court from considering any other claims to parentage
38under California statute or case law.

39(b) These forms apply only in very limited circumstances. Please
40read the forms carefully to see if you qualify for use of the forms.

P4    1(c) These forms do not apply to assisted reproduction agreements
2for gestational carriers or surrogacy agreements.

3(d) Nothing in this section shall be interpreted to require the use
4of one of these forms to satisfy the writing requirement of Section
57613.

6(e) The following are the optional California Statutory Forms
7for Assisted Reproduction:


8

 

California Statutory Forms for Assisted Reproduction, Form 1:

 

Twobegin insert Married or Unmarriedend insert People Using Assisted Reproduction to Conceive a Child

Use this form if: You and anotherbegin delete personend deletebegin insert intended parent, who may be your spouse or registered domestic partner,end insert are conceiving a child through assisted reproduction using sperm and/or egg donation; and 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 physicianbegin delete orend deletebegin insert andend insert surgeon or to a licensed sperm bank prior to insemination, or if you conceive without having sexual intercourse and you have a written agreement signed bybegin delete you, your spouse,end deletebegin insert youend insert 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 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. I consent to the use of assisted reproduction by the person who will give birth.I INTEND to be a parent of the child conceived.

 

SIGNATURES

 

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

________________________ (signature)  ____________(date)

 

Intended parent who will not give birth: ____________ (print name)

_________________________ (signature)  ___________(date)

P5   1135P5    327P5   35P5   19P5   16P5    2

 

 

______ ______

 

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)

 
P5    327P5   35P5   19P5   16P5    2

 

 

______ ______

 

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, or a similar agreement, you may be treated as a sperm donor if you conceive without having sexual intercourse 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)

P5   35P5   19P5   16P5    2

 

 

______ ______

 

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)

 
P5   16P5    2

 

 

______ ______

 

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 physicianbegin delete orend deletebegin insert andend insert surgeon or to a licensed sperm bank prior to insemination, or if you conceive without having sexual intercourse and you have a written agreement signed bybegin delete you, your spouse,end deletebegin insert youend insert 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 Spermbegin delete Donorend deletebegin insert and/or Egg Donor(s)end insert to Conceive a Child

Use this form if: You are using a known spermbegin delete donorend deletebegin insert and/or egg donor(s), or embryo donation,end insert to conceive a child and you do not intend for thebegin delete donorend deletebegin insert donor(s)end insert to be a parent.

 

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

 

begin deleteWARNING: Signing this form does not terminate the parentage claim of a spermdonor.end delete 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 physicianbegin delete orend deletebegin insert andend insert 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.begin insert If you do not sign this form or a similar agreement, your egg donor may be treated as a parent unless 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(c) of the Family Code.end insert

 

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 spermbegin delete donorend deletebegin insert and/or egg or embryo donor(s)end insert will not bebegin delete a parentend deletebegin insert a parent or parentsend insert of the child you plan to conceive through assisted begin delete reproduction using sperm donation.end delete begin insert reproduction.end insert

 

I, ____________________ (print name of parent giving birth), plan to use assisted reproduction to conceive using a spermbegin delete donor,end deletebegin insert and/or egg donor(s) or embryo donation,end insert and I DO NOT INTEND for the sperm donor to be a parent of the child to bebegin delete conceived.end deletebegin delete.end deletebegin insert conceived.end insert

 

begin deleteI, end deletebegin insert(If applicable) I,end insertbegin insert end insert____________________ (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.

 
begin insert

(If applicable) I, ____________________ (print name of egg donor), plan to donate my ova 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), or any intimate and nonmarital relationship with ____________________ (print name of parent giving birth) and I DO NOT INTEND to be a parent of the child to be conceived.

end 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 usingbegin delete aend delete spermbegin delete donorend deletebegin insert and/or egg donationend insert 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)

 

begin deleteSperm end deletebegin insert(If applicable) Sperm end insertDonor: ___________________ (print name)

________________________ (signature)  ____________(date)

 
begin insert

(If applicable) Egg Donor: ___________________ (print name)

end insert
begin insert

________________________ (signature)  ____________(date)

end insert
 

begin deleteIntended end deletebegin insert(If applicable) Intended end insertparent 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)

 

 



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