BILL NUMBER: AB 960 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 19, 2015
AMENDED IN ASSEMBLY APRIL 28, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Chiu
(Coauthors: Assembly Members Eggman , Gordon, 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 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 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. by clear and convincing
evidence that the child was conceived through assisted reproduction
and that, prior to the conception of the child, the woman and the
donor had an oral agreement 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 donor not her spouse, with the
consent of another 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 intended parent's consent shall be in writing
and signed by the other 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, unless
otherwise agreed to in a writing signed by the donor and the woman
prior to the conception of the child.
(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:
(A) The donor and the woman agreed in a writing signed prior to
conception that the donor would not be a parent.
(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.
(B) A court finds by clear and convincing evidence that the child
was conceived through assisted reproduction and that, prior to the
conception of the child, the woman and the donor had an oral
agreement that the donor would not be a parent.
(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 Conceive a Child
Use this form if: You and another intended
parent, who may be your spouse or registered
domestic partner, 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 physician 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 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)
_______________________________________________
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 sperm donor. A sperm
donor's claim to parentage is terminated if the
sperm is provided to a licensed physician
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 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 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, to
conceive a child and you do not intend for the
donor(s) to be a parent.
Do not use this form if you are conceiving
using a surrogate.
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
finds by clear and convincing evidence that you
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
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.
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 or parents of the child you plan to
conceive through assisted reproduction.
I, ____________________ (print name of parent
giving birth), plan to use assisted
reproduction to conceive using a sperm and/or
egg donor(s) or embryo donation, and I DO NOT
INTEND for the sperm and/or egg or embryo
INTEND for the sperm donor (s) to be a
parent of the
child to be
the child to be conceived.
(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
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
. that ____________________ (print
name of parent
giving birth) will conceive through assisted
reproduction using sperm and/or egg
donation and I DO NOT INTEND to for the sperm
and/or egg or embryo donor(s) to be a parent. I
donor to be a parent. I consent to the use of
assisted
reproduction by
assisted reproduction by the person who will
give birth.
give birth.
SIGNATURES
Intended parent giving birth:
___________________ (print name)
________________________ (signature)
____________(date)
(If applicable) Sperm Donor:
___________________ (print name)
________________________ (signature)
____________(date)
(If applicable) Egg Donor: ___________________
(print name)
________________________ (signature)
____________(date)
(If applicable) 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)