BILL ANALYSIS �
AB 2344
Page 1
Date of Hearing: May 14, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 2344 (Ammiano) - As Amended: April 28, 2014
Policy Committee: JudiciaryVote:10
- 0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill, known as the Modern Family Act, makes changes to
support parents using assisted reproduction to create families.
Specifically, this bill:
1)Creates optional forms to allow intended parents to state, in
writing, their intention to parent a child being conceived
through use of assisted reproduction. States that the forms
do not affect any presumptions or claims of parentage based on
existing statute or case law. The created forms address the
following situations:
a) Married spouses or registered domestic partners (or
civil union partners from another state) who are using
assisted reproduction to conceive and one partner will be
giving birth.
b) Unmarried, intended parents using sperm donated from one
of the intended parents.
c) Intended parents conceiving a child with eggs donated
from one of them, while the other will give birth.
2)Requires that an assisted reproduction agreement for
gestational carriers (a surrogacy agreement) include a
disclosure of how the intended parents will cover the medical
expenses of the gestational carrier and the newborn. If
health insurance will be used, requires that the disclosure
include a review of insurance policy's provisions related to
coverage for surrogate pregnancy, including any possible
liability for the gestational carrier and any notice
AB 2344
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requirements that could impact coverage or liability for the
gestational carrier.
3)Creates a streamlined stepparent adoption process for children
born to married spouses, registered domestic partners, or
civil union partners to ensure recognition of parentage in
states that may not recognize the marriage, domestic
partnership or civil union and the establishment of parentage
that flow from those unions.
FISCAL EFFECT
Potential GF savings, likely minor, due to decreased court costs
resulting from the streamlining and clarifications in this bill.
COMMENTS
Purpose . The author writes: "Medical advances in Assisted
Reproductive Technology (ART) have allowed many individuals and
couples to become parents. Whereas the medical advances are
ahead, our family code statutes are shamefully behind. AB 2344,
the Modern Family Act, updates three ART related situations,
removing barriers that intended parents, donors and surrogates
experience in the law."
Analysis Prepared by : Jennifer Swenson / APPR. / (916)
319-2081