BILL ANALYSIS �
AB 2344
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CONCURRENCE IN SENATE AMENDMENTS
AB 2344 (Ammiano)
As Amended June 24, 2014
Majority vote
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|ASSEMBLY: |62-4 |(May 19, 2014) |SENATE: |28-3 |(August 18, |
| | | | | |2014) |
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Original Committee Reference: JUD.
SUMMARY : Makes changes to assist families using assisted
reproduction to conceive children. 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 care coverage will be used, requires that the
disclosure include a review of care policy's provisions
related to coverage for surrogate pregnancy, including any
possible liability for the gestational carrier, third-party
liens or other insurance coverage and any notice requirements
that could affect coverage or liability for the gestational
carrier. If coverage of liability is uncertain, provides that
a statement of that fact is sufficient. Provides that the
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review and disclosure do not constitute legal advice.
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. In particular, provides that the
investigation, fees and hearing required for other stepparent
adoptions are not required, unless the court, for good cause,
orders otherwise. Requires a court to grant the stepparent
adoption if the court finds that: a) the parent who gave
birth and the spouse or registered domestic partner or partner
in a civil union were married or in the registered domestic
partnership or civil union when the child was born; and b) any
other person with a claim of parentage to the child who is
required to receive notice of, or who must consent to, the
adoption, has been notified or provided the required consent.
The Senate amendments modify slightly the warning language on
the optional forms and the requirements for the health care
coverage review and disclosure, including that such disclosure
does not constitute legal advice.
EXISTING LAW :
1)Establishes the California Uniform Parentage Act (UPA).
Defines a parent and child relationship as the legal
relationship between a child and the child's natural or
adoptive parents incident to which the law confers or imposes
rights, privileges, duties and obligations.
2)Defines "assisted reproduction" as conception by any means
other than sexual intercourse. Defines "assisted reproduction
agreement" as a written contract that includes a person who
intends to be the legal parent of a child born through
assisted reproduction and defines the terms of the
relationship between the parties to the contract.
3)Provides that the spouse of a woman who, with the consent of
her spouse, conceives through assisted reproduction with the
sperm of a man other than her spouse, is treated in law as
though he or she is the child's natural parent. Requires that
the spouse's consent be in writing and signed by both spouses.
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4)Provides that a donor of semen to a licensed physician or
sperm bank for use in assisted reproduction of a woman other
than the donor's spouse is treated in law as if he were not
the natural parent of the child thereby conceived, unless
otherwise agreed to in a writing signed by the donor and the
woman prior to the conception of the child.
5)Prohibits the parties to an assisted reproduction agreement
for gestational carriers, as defined, from undergoing an
embryo transfer, or commencing injectable medicine prior to
the execution of the agreement. Requires that both parties to
an assisted reproduction agreement for gestational carriers be
represented by separate, independent counsel prior to the
signing of the agreement. Requires that the agreement include
the identity of the intended parent(s) and, unless anonymously
donated, the persons from which the gametes originate.
6)Provides that a party to an assisted reproduction agreement
may bring an action at any time to establish a parent-child
relationship consistent with the intent expressed in the
agreement. Requires the court, upon petition by any party to
an assisted reproduction agreement for gestational carriers,
to issue an order establishing parentage.
7)Provides a streamline adoption procedure for a stepparent to
adopt a stepchild. Requires an investigation of the proposed
stepparent adoption, as specified, including payment of a fee,
but does not require a homestudy, unless the court orders
otherwise. Requires that the prospective adoptive parent
appear before the court, as required.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : This bill makes three changes to support intended
parents using assisted reproduction to create families and
same-sex couples whose unions may not be recognized in other
jurisdictions. First, this bill provides optional, statutory
forms to help couples in three narrow situations demonstrate
their intent to be parents. Second, the bill requires that
assisted reproduction agreements with surrogates, using donated
embryos, contain information on medical coverage for the
surrogate and the newborn. Finally, the bill simplifies the
stepparent adoption process for married couples or registered
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domestic partners whose marriage or domestic partnership might
not be recognized in another jurisdiction and, hence, legal
parentage for the children of the marriage might not be
recognized there without the adoption.
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 (3) ART related situations, removing
barriers that intended parents, donors and surrogates experience
in the law."
Analysis Prepared by : Leora Gershenzon / JUD. / (916)
319-2334
FN: 0004350