California Assembly Bill AB1217 Amended / Bill

 BILL NUMBER: AB 1217AMENDED BILL TEXT AMENDED IN ASSEMBLY MAY 9, 2011 AMENDED IN ASSEMBLY APRIL 26, 2011 AMENDED IN ASSEMBLY APRIL 14, 2011 INTRODUCED BY Assembly Member Fuentes FEBRUARY 18, 2011 An act to amend Section 7613 of, and to add  Sections 7542 and   Section 7613.5 to, the Family Code, relating to assisted reproductive technology. LEGISLATIVE COUNSEL'S DIGEST AB 1217, as amended, Fuentes. Assisted reproductive technology: parentage.  Under existing law, the child of a wife cohabiting with her husband is conclusively presumed to be a child of the marriage, as provided, but authorizes the presumed father to bring a motion for blood tests within 2 years of the child's birth for the purpose of rebutting that presumption.   This bill would additionally prohibit the legal spouse of a woman who gives birth to a child by means of assisted reproduction from challenging the parentage of the child unless he or she brings the action within 2 years of learning of the child's birth and the court finds that he or she did not consent to assisted reproduction. The bill would also authorize a proceeding to adjudicate parentage at any time if the court determines that legal spouse did not provide gametes for, or before or after the birth of the child did not consent to, assisted reproduction by the individual who gives birth, the legal spouse and the parent of the child have not cohabited since the probable time of assisted reproduction, and the legal spouse never openly held out the child as his or her own.  The Uniform Parentage Act provides that if, under the supervision of a licensed physician and surgeon and with the consent of her husband, a wife is inseminated artificially with semen donated by a man not her husband, the husband is treated in law as if he were the natural father of a child thereby conceived. The act further provides that the donor of semen provided to a licensed physician and surgeon or to a licensed sperm bank for use in artificial insemination or in vitro fertilization of a woman other than the donor's wife is treated in law as if he were not the natural father of a child thereby conceived. This bill would provide that if agreed to in a writing signed by the donor and the woman prior to the conception of the child, the donor would be presumed to be the natural father of the child. The bill would also specify that if, under the supervision of a licensed physician and surgeon and with the consent of her spouse, a woman undergoes in vitro fertilization with eggs donated by a person other than her spouse, the spouse is treated in law as if that spouse were the natural parent of a child thereby conceived, unless otherwise agreed to in writing prior to the conception of the child. The bill would also provide that the donor of eggs provided to a licensed physician and surgeon for use in the in vitro fertilization of a woman other than the donor's spouse is treated in law as if she were not the natural parent of a child thereby conceived, unless otherwise agreed to in writing prior to the  conception of the child   creation of the embryo  . The bill would additionally specify that if, under the supervision of a licensed physician and surgeon, a woman undergoes in vitro fertilization using donated eggs on behalf of an intended parent or parents and the woman agrees in writing prior to the  conception of the child   creation of the embryo  , then that woman is treated in law as if she were not the natural parent of a child thereby conceived, and the intended parent or parents are presumed to be the child's natural parent or parents. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 7542 is added to the Family Code, to read: 7542. (a) Notwithstanding Section 7540, the legal spouse of a woman who gives birth to a child by means of assisted reproduction may not challenge the parentage of the child unless both of the following apply: (1) Within two years after learning of the birth of the child a proceeding is commenced to adjudicate parentage. (2) The court finds that the legal spouse did not consent to assisted reproduction, before or after the birth of the child. (b) A proceeding to adjudicate parentage may be maintained at any time if the court determines all of the following: (1) The legal spouse did not provide gametes for, or before or after the birth of the child did not consent to, assisted reproduction by the individual who gives birth. (2) The legal spouse and the parent of the child have not cohabited since the probable time of assisted reproduction. (3) The legal spouse never openly held out the child as his or her own. (c) The limitation provided in this section shall apply to a marriage declared invalid after assisted reproduction.   SEC. 2.   SECTION 1.  Section 7613 of the Family Code is amended to read: 7613. (a) If, under the supervision of a licensed physician and surgeon and with the consent of her husband, a wife is inseminated artificially with semen donated by a man not her husband, the husband is treated in law as if he were the natural father of a child thereby conceived. The husband's consent must be in writing and signed by him and his wife. The physician and surgeon shall certify their signatures and the date of the insemination, and retain the husband's consent as part of the medical record, where it shall be kept confidential and in a sealed file. However, the physician and surgeon's failure to do so does not affect the father and child relationship. All papers and records pertaining to the insemination, whether part of the permanent record of a court or of a file held by the supervising physician and surgeon or elsewhere, are subject to inspection only upon an order of the court for good cause shown. (b) The donor of semen provided to a licensed physician and surgeon or to a licensed sperm bank for use in artificial insemination or in vitro fertilization of a woman other than the donor's wife is treated in law as if he were not the natural father of a child thereby conceived, unless otherwise agreed to in a writing signed by the donor and the woman prior to the conception of the child, in which case the donor is presumed to be the natural father of the child.  SEC. 3.   SEC. 2.  Section 7613.5 is added to the Family Code, to read: 7613.5. (a) If, under the supervision of a licensed physician and surgeon and with the consent of her spouse, a woman undergoes in vitro fertilization using donated eggs from a person other than her spouse, that spouse is treated in law as if that spouse were the natural parent of a child thereby conceived. The spouse's consent must be in writing and signed by both the woman and her spouse. The physician and surgeon shall certify their signatures and the date of the in vitro fertilization, and retain the spouse's consent as part of the medical record, where it shall be kept confidential and in a sealed file. However, the physician and surgeon's failure to do so does not affect the parent-child relationship. All papers and records pertaining to the in vitro fertilization, whether part of the permanent record of a court or of a file held by the supervising physician and surgeon or elsewhere, are subject to inspection only upon an order of the court for good cause shown. (b) The donor of eggs provided to a licensed physician and surgeon for use in the in vitro fertilization of a woman other than the donor's spouse is treated in law as if she were not the natural parent of a child thereby conceived, unless otherwise agreed to in a writing signed by the donor and the woman prior to the  conception of the child  creation of the embryo  , in which case the donor is presumed to be the natural parent of the child. (c) If, under the supervision of a licensed physician and surgeon, a woman undergoes in vitro fertilization using donated eggs on behalf of intended parent or parents and the woman agrees in a writing signed by the woman and the intended parent or parents prior to the  conception of the child   creation of the embryo  , then the woman is treated in law as if she were not the natural parent of the child and the intended parent or parents are presumed to be the child's natural parent or parents.