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



Current Version: 02/11/21 - Introduced Compare Versions information image


AB556:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 556


Introduced by Assembly Member Maienschein

February 11, 2021


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


LEGISLATIVE COUNSEL'S DIGEST


AB 556, as introduced, 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.