Assisted reproduction technology in California has become increasingly more popular for prospective parents. Here’s how to understand the different types of assisted reproduction in California.
While assisted reproduction laws may vary across the nation, California provides safe and informed options for pursuing assisted reproduction. In California, the types of assisted reproduction technology available are surrogacy and egg, sperm, or embryo donation.
What is Assisted Reproduction?
California Family Code § 7606 defines “assisted reproduction” as conception by any means other than sexual intercourse. Assisted Reproduction technology, or ART, procedures involve surgically removing eggs from a woman’s ovaries, combining them with sperm in the laboratory, and returning them to the woman’s body or donating them to another woman.
What ART does NOT include:
- treatments in which only sperm are handled (i.e., intrauterine—or artificial—insemination)
- procedures in which a woman takes medicine only to stimulate egg production without the intention of having eggs retrieved.
Types of Assisted Reproduction in California
Surrogacy
Surrogacy has been legal in California since 2013. Since then it has vastly expanded the options for partners who for whatever reason have trouble conceiving and seek outside help.
Thankfully, California has some of the most straightforward surrogacy laws in the nation. Often supported by legal agreements, surrogacy is an arrangement in which a female agrees to birth a child for another person or couple, who will become the child’s legitimate parent(s) after birth.
Related: Surrogacy Process for LGBT Couples in California
Egg, Sperm, or Embryo Donation
Assisted reproduction can also occur through egg, sperm, or embryo donation. Sperm or egg donation can entail in vitro fertilization, a process by which an egg is combined with sperm in a laboratory before being placed in the womb. An individual can also implant an embryo from a donor in the hopes that it will implant and lead to a successful pregnancy.
Related: Mistakes Couples Using an Egg Donor Should Avoid
Related: Sperm Donor Agreements in California: The Basics
FAQs About Assisted Reproduction California
How can my partner and I ensure that the known sperm donor is not considered the child’s legal parent?
There are three possible ways to ensure that your known sperm donor is not recognized as the child’s legal parent:
- Signing a donor agreement prior to conception (California Statutory Forms for Assisted Reproduction Form 4)
- Providing a clear and convincing oral agreement
- 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, partners pursuing ovum sharing should learn how to better protect their rights as parents by reading (and potentially, filing) the California Statutory Forms for Assisted Reproduction Form 3.
Related: How to Establish Parentage in California
What are the laws surrounding assisted reproduction?
Make sure when considering assisted reproduction to be well versed in the laws surrounding this technology.
Related: Assisted Reproduction Laws in California
What is AB 960?
Assembly Bill 960, AB 960, was implemented on January 1, 2016, to modify the landscape of assisted reproduction. It protects families having children through assisted reproduction technology by extending protections to unmarried parents and 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.
Is it safe?
When it comes to such a personal issue, the risks should be weighed by the individuals considering ART. Start by understanding the safety of ART and reading the CDC’s annual ART Success Rates Report.
Contact Us
If you or a loved one would like to learn more about assisted reproduction in California, get your free consultation with one of our family law attorneys today!