Today's Law As Amended


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AB-960 Parentage: assisted reproduction.(2015-2016)



As Amends the Law Today


SECTION 1.

 Section 7613 of the Family Code is amended to read:

7613.
 (a) (1)  If a woman conceives through assisted reproduction with semen or ova or both donated by a donor who is not the woman’s  not her  spouse, with the consent of another intended parent, that intended parent is treated in law as if that intended parent is 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.
(2) Failure to consent in writing, as required by paragraph (1), does not preclude the court from finding that the intended parent consented if the court finds by clear and convincing evidence that, prior to the conception of the child, the woman and the intended parent had an oral agreement that the woman and the intended parent would both be parents of the child.
(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 the donor is  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 signed a written agreement before  prior to  the conception of the child, that the donor would be a parent. 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 the donor is  he were  not the natural parent of a child thereby conceived if either of the following are met:
(A) The donor and the woman signed a written agreement before  agreed in a writing signed prior to  conception 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.
(c) (3)  A person providing ova  Paragraphs (1) and (2) do not apply to a man who provided semen  for use in assisted reproduction by a person woman  other than the provider’s spouse or nonmarital partner is treated in law as if the provider is not the natural parent of a child thereby conceived unless the court finds satisfactory evidence that the provider of the ova, and each recipient, intended for that provider to have parental rights. 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. 
(d) (c)  (1) The  A provider of an embryo   donor of ova  for use in assisted reproduction to an intended parent who is not the provider’s by a woman other than the donor’s  spouse or nonmarital partner is treated in law as if the provider is  she were  not the natural parent of a child thereby conceived unless the court finds satisfactory evidence that the provider donor  and the woman  intended parent intended  for the provider donor  to be a parent.
(2) If the provider of ova, semen, or embryos is not the original source of the ova or sperm, each original provider’s written consent to the donation is required unless that person has executed a writing to consent to the donation, or to waive or relinquish their right to the genetic material, or as otherwise ordered by a court of law.
(e) (1) Notwithstanding any other law, persons who are not married to one another and who share legal control over the disposition of embryos shall not be prevented from entering into a written agreement whereby one person renounces all legal interest in the embryos, with the specific intent that the person renouncing all legal interest shall not be a legal parent of any child conceived with use of the embryos, despite any prior oral or written agreements, or legal judgments to the contrary. After that interest has been renounced in a writing signed by all persons with legal interest in or control over disposition of the embryos, the renouncing person shall be treated in law as a donor, and not a legal parent. Upon execution of that agreement, the person who retains legal interest in and control over disposition of the embryos shall have the sole right to determine the use and disposition of the embryos, including the right to attempt conception of a child, subject to any limitation pursuant to paragraph (2) of subdivision (d). Either party may file the agreement with the court, and the court shall issue an order establishing the nonparentage of the donor.
(2) If persons who share legal control over and interest in one or more embryos are married to one another at the time of signing the agreement, the agreement shall only become legally binding upon the court’s entry of a final decree of dissolution that incorporates the agreement, after which the presumptions pursuant to Section 7540 or subdivisions (a), (b), or (c) of Section 7611 shall not apply.

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 the  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) This section does not  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 by clear and convincing 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 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 donor(s) to be a parent of 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 to  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 to  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), INTEND to be a parent of the child that____________________ (print name of parent giving birth) will conceive through assisted reproduction using sperm and/or egg donation and I DO NOT INTEND for the sperm and/or egg or embryo donor(s) to be a parent. I consent to the use of assisted reproduction by the person who will 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)