The Uniform Parentage Act defines the parent and child relationship as the legal relationship existing between a child and the childs parents, and governs proceedings to establish that relationship. Existing law provides that a party to an assisted reproduction agreement may bring an action under the Uniform Parentage Act at any time to establish a parent and child relationship consistent with the intent expressed in the agreement. Existing law also regulates the practice of surrogacy facilitators in assisted reproduction agreements, including surrogacy agreements.
The bill would require, in the case of a surrogacy agreement, a surrogate mother and the intended parent or parents to be represented by independent counsel of their choosing. Before the surrogate mother
could begin medication for assisted reproduction, this bill would require the parties counsel to review the surrogacy agreement and its ramifications with the surrogate mother and the intended parent or parents. Counsel would be required to issue legal clearance letters to the reproductive endocrinologist following that review. The bill would require the surrogacy agreement to be executed by the parties and notarized. This bill would require the surrogacy agreement to be lodged in the superior court in the county in which the child is to be born, and would require the agreement to be accompanied by declarations of its legitimacy. Further, this bill would provide that a surrogacy agreement that does not meet the above requirements would not be presumptively valid. Because this bill would require the declarations accompanying the surrogacy agreement to be made under penalty of perjury, it would expand the class of people who could be prosecuted for a crime.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
