California Assembly Bill AB1396

California 2017-2018 Regular Session

• Introduced: 2/17/17
• Refer: 3/13/17
• Report Pass: 5/4/17
• Refer: 5/8/17
• Report Pass: 5/9/17
• Engrossed: 5/31/17
• Refer: 6/1/17
• Refer: 6/14/17
• Report Pass: 7/11/17
• Refer: 7/11/17
• Report Pass: 7/19/17
• Enrolled: 9/5/17
• Chaptered: 9/27/17
• Passed: 9/27/17

Caption

Surrogacy.

Impact

By streamlining the legal process, AB 1396 eliminates the previous requirement that a court must hold a hearing to establish a parent-child relationship unless certain conditions are met. Instead, the bill empowers courts to issue judgments establishing this relationship 'forthwith', which proponents argue provides clarity and efficiency. This legislative change holds significant implications for the legal rights of surrogates and intended parents alike, simplifying the legal landscape for surrogacy arrangements in California.

Summary

Assembly Bill 1396, authored by Assemblymember Burke, amends Section 7962 of the Family Code concerning parentage in the context of surrogacy. The bill mandates that assisted reproduction agreements for gestational carriers contain specific details, including the identity of the intended parent or parents and processes for covering medical expenses associated with the surrogate and the newborns. The core objective of the bill is to simplify and clarify the legal establishment of parent-child relationships in cases involving gestational carriers, thus facilitating the surrogacy process.

Sentiment

The response to AB 1396 appears largely positive, particularly within the legal and surrogacy communities. Supporters believe that the bill addresses existing complexities and uncertainties in the surrogacy process, potentially making it more accessible and protective for all parties involved. However, there have been concerns about ensuring proper legal counsel for surrogates and intended parents to prevent potential exploitation and misunderstandings.

Contention

While AB 1396 is designed to promote transparency and efficiency in surrogacy agreements, some advocates argue that the quickened process may overlook necessary safeguards for surrogates. The amendment that allows courts to forgo hearings can raise questions regarding the extent of due diligence to be performed, which some stakeholders fear could lead to rushed decisions without adequate scrutiny of the agreements being made.