California Assembly Bill AB1217 Amended / Bill

 BILL NUMBER: AB 1217AMENDED BILL TEXT AMENDED IN SENATE JUNE 20, 2011 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  Section 7613.5   Sections 7613.5 and 7962  to, the Family Code, relating to assisted  reproductive technology   reproduction  . LEGISLATIVE COUNSEL'S DIGEST AB 1217, as amended, Fuentes.  Assisted reproductive technology: parentage.   Assisted reproduction.  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   creation of the   embryo  , 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   an embryo transfer  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 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 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.   The bill would specify that if that embryo transfer was on behalf of an intended parent or parents and the woman agrees in writing prior to the creation of the embryo, then that woman would be treated in law as if she were not the natural parent of a child thereby conceived, and the intended parent or parents would be presumed to be the child's natural parent or parents.   Existing law regulates the practice of surrogacy facilitators, as defined, and requires a nonattorney surrogacy facilitator to direct his or her client to deposit client funds in an independent, bonded escrow account or a trust account maintained by an attorney, subject to specified withdrawal requirements.   The bill would also prohibit a medical or legal professional from medically treating or legally representing an intended parent or surrogate mother while acting as a surrogacy facilitator for either party or having an ownership interest in a surrogacy facilitator.  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 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   creation of the embryo  , in which case the donor is presumed to be the natural father of the child. SEC. 2. Section 7613.5 is added to the Family Code, to read: 7613.5. (a)  If,  Except as otherwise provided in subdivision (c), if,  under the supervision of a licensed physician and surgeon and with the consent of her spouse, a woman undergoes  in vitro fertilization   an embryo transfer  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 creation of the embryo, in which case the donor is presumed to be the natural parent of the child.  The writing shall be signed by both the donor and the woman. The physician and surgeon shall certify their signatures and the date of the in vitro fertilization, and retain the writing as part of the medical record, and it shall be kept in a confidential 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, including the permanent record of a court and any file held by the supervising physician and surgeon, shall be subject to inspection only upon an order of the court for good cause shown.  (c) If, under the supervision of a licensed physician and surgeon, a woman undergoes  in vitro fertilization   an embryo transfer  using donated eggs on behalf of  an  intended parent or parents and the woman agrees in a writing signed by the woman and the intended parent or parents prior to the 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.  The writing shall be signed by both the donor and the woman. The physician and surgeon shall certify their signatures and the date of the in vitro fertilization, and retain the writing as part of the medical record, and it shall be kept in a confidential 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, including the permanent record of a court and any file held by the supervising physician and surgeon, shall be subject to inspection only upon an order of the court for good cause shown.   SEC. 3.   Section 7962 is added to the   Family Code   , to read:   7962. To avoid a conflict of interest, a medical or legal professional shall not medically treat or legally represent an intended parent or surrogate mother while acting as a surrogacy facilitator for either party or having an ownership interest in a surrogacy facilitator, including being an owner or coowner of, or having a financial interest in, the surrogacy facilitator that has recruited either party.