BILL NUMBER: AB 960	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 28, 2015
	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Chiu
    (   Coauthors:   Assembly Members 
 Eggman   and Low  ) 
    (   Coauthor:   Senator   Leno
  ) 

                        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 semen  provided to a
licensed physician and surgeon or to a licensed sperm bank  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, 
 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
either  the donor and the woman agreed in a writing prior to
conception that the donor would not be a  parent, 
 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.  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. 
   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  or ova 
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:

  SECTION 1.  Section 7613 of the Family Code is amended to read:
   7613.  (a) If a woman conceives through assisted reproduction with
semen  or ova or both  donated by a  man 
 donor  not her spouse, with the consent of another
person, the other person   intended parent, that
intended parent  is treated in law as if he or she were the
natural parent of a child thereby conceived. The other 
person's   intended parent's  consent shall be in
writing and signed by the other  person  
intended parent  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 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 if any of the following are met:   conceived,
unless otherwise agreed to in a writing signed by the donor and the
woman prior to the conception of the child.  
   (A) The semen was provided to a licensed physician and surgeon or
to a licensed sperm bank for use in assisted reproduction. 

   (2) If the semen is not provided to a licensed physician and
surgeon or a licensed sperm bank as specified in paragraph (1), 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 a child thereby conceived if either of the following are
met:  
   (B) 
    (   A)  The donor and the woman agreed in a
writing signed prior to conception that the donor would not be a
parent. 
   (C) 
    (   B)  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 
    (3)     Paragraphs (1) and (2) do  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. 
   (c) The donor of ova for use in assisted reproduction by a woman
other than the donor's spouse or nonmarital partner is treated in law
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. 
  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  Married or Unmarried  People Using Assisted 
Reproduction to
  Reproduction to  Conceive a Child
 Use this form if: You and another person are 
 Use this form if: You and another intended 
 parent, who may be your spouse or registered 
 domestic partner, are  conceiving a child  through
assisted
  through assisted reproduction using sperm 
 reproduction using sperm  and/or egg donation;
 and       one of
you will 
 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 physician  or  
and 
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 by you  ,   your spouse,
 and the
 donor 
 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)


_______________________________________________
               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, 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)


_______________________________________________
               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  
and 
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 by you  ,   your spouse,
 and the  donor that
you 
 donor that you  will conceive using assisted 
reproduction 
 and 
 reproduction and  do not intend for the donor to
 be a parent, as
  be a parent, as  required by Section 7613(b)
of  the Family Code.
  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 
 Intended Parent(s) Using a Known Sperm and/or 
 Egg Donor(s) to  Conceive a Child
Use this form if: You are       using a known
 sperm and/or egg donor(s), or embryo donation, 
 sperm donor  to conceive a child and you do not
 intend for 
 intend for  the donor  (s)  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 
 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 and 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. If you do not sign this 
 not sign this  form or a similar agreement, your
 egg donor may
  sperm donor may  be treated as a parent
unless  a court finds
  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 
 that there is  satisfactory evidence that you 
planned to 
 planned to conceive through assisted 
 conceive through assisted  reproduction and did
 not intend for
the donor 
 not intend for the donor  to be a parent, as 
required by 
 Section   7613(c) 
 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 and/or egg or embryo  donor  (s)  will not
be  a parent
of the child 
 a parent or parents of the child you plan to 
 you plan to  conceive through assisted 
  reproduction. 
 reproduction using sperm       donation. 
I, ____________________ (print name of parent
giving birth), plan to use assisted
reproduction to conceive using a sperm  do   a
 n  d/  or  ,
  egg donor(s) or embryo donation, and I DO NOT 
 and I DO NOT  INTEND for the sperm donor to be a
 parent of
  parent of  the child to be conceived.
 .   
 I, ____________________ (print name of sperm 
 (If applicable) 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 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. 
(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 
 assisted reproduction using sperm and/or egg 
 donation and I  DO NOT INTEND to for the sperm 
donor to be a
  donor to be a  parent. I consent to the use of
 assisted
  assisted reproduction by the person who will 
 reproduction by the person who will  give birth.
SIGNATURES
Intended parent giving birth:
___________________ (print name)
________________________ (signature)
____________(date)
 (If applicable) Sperm Donor: 
 Sperm Donor:        ___________________ (print
 name)
  name) 
________________________ (signature)
____________(date)
 (If applicable) Egg Donor: ___________________ 
 (print name) 
 ________________________ (signature) 
 ____________(date) 
 (If applicable) Intended parent       not 
 Intended parent       not  giving birth: 
____________ (print
name) 
 ____________ (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)