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AB-556 Misuse of sperm, ova, or embryos: damages.(2021-2022)

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Date Published: 09/17/2021 09:00 PM
AB556:v97#DOCUMENT

Assembly Bill No. 556
CHAPTER 170

An act to add Section 1708.5.6 to the Civil Code, relating to civil law.

[ Approved by Governor  September 16, 2021. Filed with Secretary of State  September 16, 2021. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 556, Maienschein. Misuse of sperm, ova, or embryos: damages.
Existing law makes it a felony for anyone to knowingly use sperm, ova, or embryos in assisted reproduction technology for any purpose other than that indicated by the sperm, ova, or embryo provider’s signature on a written consent form, and to knowingly implant sperm, ova, or embryos, through the use of assisted reproduction technology, into a recipient who is not the sperm, ova, or embryo provider, without the signed written consent of the sperm, ova, or embryo provider and recipient.
This bill would authorize a private cause of action for damages against a person who misuses sperm, ova, or embryos in violation of those provisions. The bill would specify that a prevailing plaintiff who suffers harm as a result of such a violation may be awarded actual damages or statutory damages of not less than $50,000, whichever is greater.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1708.5.6 is added to the Civil Code, to read:

1708.5.6.
 (a) A private cause of action for damages lies against a person who misuses sperm, ova, or embryos in violation of Section 367g of the Penal Code.
(b) A prevailing plaintiff who suffers harm as a result of a violation of Section 367g of the Penal Code may be awarded actual damages or statutory damages of not less than fifty thousand dollars ($50,000), whichever is greater.