What You Need to Know about California’s Assisted Reproduction Laws
Assisted reproductive technology (ART) has been on the rise – supporting individuals and same-sex couples who wish to start families. Here’s what you need to know about assisted reproduction laws in California.
California Family Code § 7606 defines “assisted reproduction” as conception by any means other than sexual intercourse. This includes egg donation, sperm donation, embryo donation, and surrogacy. California has taken the lead in establishing legal parameters surrounding ART and is considered to be one of the most surrogacy-friendly states in the U.S.. California courts have a history of ruling that “Intended Parents” who utilized ART are the legal parents of a child in question.
AB 960 & Assisted Reproduction Law
On January 1, 2016, AB 960 was implemented to modify the landscape of assisted reproduction. AB 960 protects families having children through assisted reproduction technology; it extends protections to unmarried parents, as well as those who choose to conceive through at-home insemination. Parents and donors can better protect their respective rights by completing forms included in AB 960.
California statutes include forms to document the intended parents’ and donors’ intentions in the conception of the child. These forms are best completed prior to conceiving.
While these forms are supposed to aid parents who may be unable to consult with an attorney, navigating assisted reproduction laws may be very complicated. Parents seeking to conceive through assisted reproduction technology should first consult with a California family law attorney. A consultation with an experienced attorney may provide parents with a better understanding of their options and legal protections.
AB 960 forms protect parents’ rights under California law; parents may not be recognized as the child’s genetic or biological parents in another state. If the family travels or moves to another state a judgment of parentage of adoption protects parents’ legal rights outside of California.
FAQs About Assisted Reproductive Laws in California
How can my partner and I ensure that the known sperm donor is not considered the child’s legal parent?
As of January 1, 2016, there are three possible ways to ensure that your known sperm donor is not recognized as the child’s legal parent. This also applies to children conceived prior to January 1, 2016:
- Signing a donor agreement prior to conception (California Statutory Forms for Assisted Reproduction Form 4) OR
- Proving a clear and convincing oral agreement OR
- Using a medical doctor or sperm bank
My partner and I are considering having a child through ovum sharing. How can we ensure that both of us are considered legal parents?
California law protects both parents seeking to carry and birth a child through ovum sharing. However, California Statutory Forms for Assisted Reproduction Form 3 can better protect both parents’ rights.
My partner and I intend to conceive through assisted reproduction using sperm and/or egg donation. How do we protect the parental rights of the non-birth parent?
To protect the non-birth parent’s parental rights, it is recommended to keep a signed written agreement that documents the non-birth parent’s consent to assisted reproduction. AB 960 protects both married and unmarried couples. Couples should fill out Form 1 of California Statutory Forms for Assisted Reproduction. If the sperm/egg donor is known, Form 4 should be filled out instead.
Contact Her Lawyer
If you or a loved one would like to know more about assisted reproduction laws in California, get your free consultation with one of our experienced California Family Law Attorneys today!