Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2349


Introduced by Assembly Member Chiu

February 18, 2016


An act to amendbegin delete Section 298end deletebegin insert Sections 7620 and 7962end insert of the Family Code, relating tobegin delete domestic partners.end deletebegin insert assisted reproduction.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2349, as amended, Chiu. begin deleteDomestic partners. end deletebegin insertAssisted reproduction agreements for gestational carriers.end insert

begin insert

The Uniform Parentage Act defines the parent and child relationship as the legal relationship existing between a child and the child’s parents, governs proceedings to establish that relationship, and establishes the jurisdiction of the courts under the act. Existing law provides that a party to an assisted reproduction agreement may bring an action under the act at any time to establish a parent and child relationship consistent with the intent expressed in that assisted reproduction agreement. Existing law allows an action to establish the parent-child relationship between the intended parent or parents and the child as to a child conceived pursuant to an assisted reproduction agreement for gestational carriers to be filed before the child’s birth and specifies the counties where that action may be filed.

end insert
begin insert

This bill would extend the jurisdiction of the courts under the act to a proceeding to determine parentage of the child as to a child who is conceived pursuant to an assisted reproduction agreement for gestational carriers if certain conditions are satisfied, including if the child is born in this state, or one or more of the parties to the assisted reproduction agreement for gestational carriers resides in this state or resided in this state at the time the assisted reproduction agreement for gestational carriers was executed.

end insert
begin insert

Existing law requires an assisted reproduction agreement for gestational carriers to contain specified information, including the persons from which the gametes originated, unless anonymously donated.

end insert
begin insert

This bill would instead require an assisted reproduction agreement for gestational carriers to contain information regarding the persons from whom the gametes originated, unless donated gametes were used, in which case the agreement shall specify whether the donated gamete or gametes were eggs, sperm, or embryos, or all.

end insert
begin delete

Existing law authorizes 2 unmarried, unrelated adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring to establish a domestic partnership by filing a Declaration of Domestic Partnership with the Secretary of State if both persons are members of the same sex or one or both are over 62 years of age. Existing law requires the Secretary of State to prepare the form for the Declaration of Domestic Partnership pursuant to specified requirements. The Declaration of Domestic Partnership requires, among other things, each person who wants to become a domestic partner to provide a mailing address.

end delete
begin delete

This bill would make technical, nonsubstantive changes to this provision.

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:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 7620 of the end insertbegin insertFamily Codeend insertbegin insert is amended to
2read:end insert

3

7620.  

(a) A person who has sexual intercourse or causes
4conception with the intent to become a legal parent by assisted
5reproduction in thisbegin delete stateend deletebegin insert state, or who enters into an assisted
6reproduction agreement for gestational carriers in this state,end insert

7 thereby submits to the jurisdiction of the courts of this state as to
8an action brought under this part with respect to a child who may
9have been conceived by that act of intercourse or assisted
10reproduction.

begin insert

11(b) If a child is conceived pursuant to an assisted reproduction
12agreement for gestational carriers, as defined in Section 7960 and
P3    1as described in Section 7962, the courts of this state shall have
2jurisdiction over a proceeding to determine parentage of the child
3if any of the following conditions is satisfied:

end insert
begin insert

4(1) One or more of the parties to the assisted reproduction
5agreement for gestational carriers resides in this state, or resided
6in this state at the time the assisted reproduction agreement for
7gestational carriers was executed.

end insert
begin insert

8(2) The medical procedures leading to conception, including in
9vitro fertilization or embryo transfer, or both, were carried out in
10this state.

end insert
begin insert

11(3) The child is born in this state.

end insert
begin delete

12(b)

end delete

13begin insert(c)end insert An action under this part shall be brought in one of the
14following:

15(1) The county in which the child resides or is found.

16(2) If the child is the subject of a pending or proposed adoption,
17any county in which a licensed California adoption agency to which
18the child has been relinquished or is proposed to be relinquished
19maintains an office.

20(3) If the child is the subject of a pending or proposed adoption,
21the county in which an office of the department or a public adoption
22agency investigating the petition is located.

23(4) If the parent is deceased, the county in which proceedings
24for probate of the estate of the parent of the child have been or
25could be commenced.

begin insert

26(5) If the child was conceived pursuant to an assisted
27reproduction agreement for gestational carriers, any county
28described in subdivision (e) of Section 7962.

end insert
29begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 7962 of the end insertbegin insertFamily Codeend insertbegin insert is amended to read:end insert

30

7962.  

(a) An assisted reproduction agreement for gestational
31carriers shall contain, but shall not be limited to, all of the following
32information:

33(1) The date on which the assisted reproduction agreement for
34gestational carriers was executed.

35(2) The persons from which the gametes originated, unless
36begin delete anonymously donated.end deletebegin insert donated gametes were used, in which case
37the assisted reproduction agreement does not need to specify the
38name of the donor but shall specify whether the donated gamete
39or gametes were eggs, sperm, or embryos, or all.end insert

40(3) The identity of the intended parent or parents.

P4    1(4) Disclosure of how the intended parents will cover the
2medical expenses of the gestational carrier and of the newborn or
3newborns. If health care coverage is used to cover those medical
4expenses, the disclosure shall include a review of the health care
5policy provisions related to coverage for surrogate pregnancy,
6including any possible liability of the gestational carrier, third-party
7liability liens or other insurance coverage, and any notice
8requirements that could affect coverage or liability of the
9gestational carrier. The review and disclosure do not constitute
10legal advice. If coverage of liability is uncertain, a statement of
11that fact shall be sufficient to meet the requirements of this section.

12(b) Prior to executing the written assisted reproduction
13 agreement for gestational carriers, a surrogate and the intended
14parent or intended parents shall be represented by separate
15independent licensed attorneys of their choosing.

16(c) The assisted reproduction agreement for gestational carriers
17shall be executed by the parties and the signatures on the assisted
18reproduction agreement for gestational carriers shall be notarized
19or witnessed by an equivalent method of affirmation as required
20in the jurisdiction where the assisted reproduction agreement for
21gestational carriers is executed.

22(d) The parties to an assisted reproduction agreement for
23gestational carriers shall not undergo an embryo transfer procedure,
24or commence injectable medication in preparation for an embryo
25transfer for assisted reproduction purposes, until the assisted
26reproduction agreement for gestational carriers has been fully
27executed as required by subdivisions (b) and (c) of this section.

28(e) An action to establish the parent-child relationship between
29the intended parent or parents and the child as to a child conceived
30pursuant to an assisted reproduction agreement for gestational
31carriers may be filed before the child’s birth and may be filed in
32the county where the child is anticipated to be born, the county
33where the intended parent or intended parents reside, the county
34where the surrogate resides, the county where the assisted
35reproduction agreement for gestational carriers is executed, or the
36county where medical procedures pursuant to the agreement are
37to be performed. A copy of the assisted reproduction agreement
38for gestational carriers shall be lodged in the court action filed for
39the purpose of establishing the parent-child relationship. The parties
40to the assisted reproduction agreement for gestational carriers shall
P5    1attest, under penalty of perjury, and to the best of their knowledge
2 and belief, as to the parties’ compliance with this section in entering
3into the assisted reproduction agreement for gestational carriers.
4Submitting those declarations shall not constitute a waiver, under
5Section 912 of the Evidence Code, of the lawyer-client privilege
6described in Article 3 (commencing with Section 950) of Chapter
74 of Division 8 of the Evidence Code.

8(f) (1) A notarized assisted reproduction agreement for
9gestational carriers signed by all the parties, with the attached
10declarations of independent attorneys, and lodged with the superior
11court in accordance with this section, shall rebut any presumptions
12contained within Part 2 (commencing with Section 7540),
13subdivision (b) of Section 7610, and Sections 7611 and 7613, as
14to the gestational carrier surrogate, her spouse, or partner being a
15parent of the child or children.

16(2) Upon petition of any party to a properly executed assisted
17reproduction agreement for gestational carriers, the court shall
18issue a judgment or order establishing a parent-child relationship,
19whether pursuant to Section 7630 or otherwise. The judgment or
20order may be issued before or after the child’s or children’s birth
21subject to the limitations of Section 7633. Subject to proof of
22compliance with this section, the judgment or order shall establish
23the parent-child relationship of the intended parent or intended
24parents identified in the surrogacy agreement and shall establish
25that the surrogate, her spouse, or partner is not a parent of, and has
26no parental rights or duties with respect to, the child or children.
27The judgment or order shall terminate any parental rights of the
28surrogate and her spouse or partner without further hearing or
29evidence, unless the court or a party to the assisted reproduction
30agreement for gestational carriers has a good faith, reasonable
31belief that the assisted reproduction agreement for gestational
32carriers or attorney declarations were not executed in accordance
33with this section. Upon motion by a party to the assisted
34reproduction agreement for gestational carriers, the matter shall
35be scheduled for hearing before a judgment or order is issued.
36Nothing in this section shall be construed to prevent a court from
37finding and declaring that the intended parent is or intended parents
38are the parent or parents of the child where compliance with this
39section has not been met; however, the court shall require sufficient
40proof entitling the parties to the relief sought.

P6    1(g) The petition, relinquishment or consent, agreement, order,
2report to the court from any investigating agency, and any power
3of attorney and deposition filed in the office of the clerk of the
4court pursuant to this part shall not be open to inspection by any
5person other than the parties to the proceeding and their attorneys
6and the State Department of Social Services, except upon the
7written authority of a judge of the superior court. A judge of the
8superior court shall not authorize anyone to inspect the petition,
9relinquishment or consent, agreement, order, report to the court
10from any investigating agency, or power of attorney or deposition,
11or any portion of those documents, except in exceptional
12circumstances and where necessary. The petitioner may be required
13to pay the expense of preparing the copies of the documents to be
14inspected.

15(h) Upon the written request of any party to the proceeding and
16the order of any judge of the superior court, the clerk of the court
17shall not provide any documents referred to in subdivision (g) for
18inspection or copying to any other person, unless the name of the
19gestational carrier or any information tending to identify the
20gestational carrier is deleted from the documents or copies thereof.

21(i) An assisted reproduction agreement for gestational carriers
22executed in accordance with this section is presumptively valid
23and shall not be rescinded or revoked without a court order. For
24purposes of this part, any failure to comply with the requirements
25of this section shall rebut the presumption of the validity of the
26assisted reproduction agreement for gestational carriers.

begin delete
27

SECTION 1.  

Section 298 of the Family Code is amended to
28read:

29

298.  

(a) (1) The Secretary of State shall prepare forms entitled
30“Declaration of Domestic Partnership” and “Notice of Termination
31of Domestic Partnership” to meet the requirements of this division.
32These forms shall require the signature and seal of an
33acknowledgment by a notary public to be binding and valid.

34(2) When funding allows, the Secretary of State shall include
35on the form notice that a lesbian, gay, bisexual, and transgender
36specific domestic abuse brochure is available upon request.

37(b) (1) The Secretary of State shall distribute these forms to
38each county clerk. These forms shall be available to the public at
39the office of the Secretary of State and each county clerk.

P7    1(2) The Secretary of State shall, by regulation, establish fees
2 for the actual costs of processing each of these forms, and the cost
3for preparing and sending the mailings and notices required
4pursuant to Section 299.3, and shall charge these fees to persons
5filing the forms.

6(3) There is hereby established a fee of twenty-three dollars
7($23) to be charged in addition to the existing fees established by
8regulation to persons filing domestic partner registrations pursuant
9to Section 297 for development and support of a lesbian, gay,
10bisexual, and transgender curriculum for training workshops on
11domestic violence, conducted pursuant to Section 13823.15 of the
12Penal Code, and for the support of a grant program to promote
13healthy nonviolent relationships in the lesbian, gay, bisexual, and
14transgender community. This paragraph shall not apply to persons
15of opposite sexes filing a domestic partnership registration and
16who meet the qualifications described in subparagraph (B) of
17paragraph (5) of subdivision (b) of Section 297.

18(4) The fee established by paragraph (3) shall be deposited in
19the Equality in Prevention and Services for Domestic Abuse Fund,
20which is hereby established. The fund shall be administered by
21the Office of Emergency Services, and expenditures from the fund
22shall be used to support the purposes of paragraph (3).

23(c) The Declaration of Domestic Partnership shall require each
24person who wants to become a domestic partner to do all of the
25following:

26(1) State that he or she meets the requirements of Section 297
27at the time the form is signed.

28(2) Provide a mailing address.

29(3) State that he or she consents to the jurisdiction of the
30Superior Courts of California for the purpose of a proceeding to
31obtain a judgment of dissolution or nullity of the domestic
32partnership or for legal separation of partners in the domestic
33partnership, or for any other proceeding related to the partners’
34rights and obligations, even if one or both partners ceases to be a
35resident of, or to maintain a domicile in, this state.

36(4) Sign the form with a declaration that representations made
37therein are true, correct, and contain no material omissions of fact
38to the best knowledge and belief of the applicant.

39(5) Have a notary public acknowledge his or her signature. Both
40partners’ signatures shall be affixed to one Declaration of Domestic
P8    1Partnership form, which form shall then be transmitted to the
2Secretary of State according to the instructions provided on the
3form. Filing an intentionally and materially false Declaration of
4Domestic Partnership shall be punishable as a misdemeanor.

5(d) The Declaration of Domestic Partnership form shall contain
6an optional section for either party or both parties to indicate a
7change in name pursuant to Section 298.6. The optional section
8shall require a party indicating a change in name to provide his or
9her date of birth.

end delete


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