California 2011-2012 Regular Session Status: Enacted

AB 1217 — Surrogacy agreements.

Last action — Chaptered by Secretary of State - Chapter 466, Statutes of 2012.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 18, 2011. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

The Uniform Parentage Act defines the parent and child relationship as the legal relationship existing between a child and the child's 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. This bill would require a surrogate mother and the intended parent or intended parents, as defined, to be represented by separate independent counsel of their choosing prior to executing an assisted reproduction agreement for gestational carriers, as defined. The bill also would require an assisted reproduction agreement for gestational carriers to contain specified information. The bill would require the assisted reproduction agreement for gestational carriers to be executed by the parties and notarized or otherwise witnessed, as specified. The bill would prohibit the parties to an assisted reproduction agreement for gestational carriers from undergoing an embryo transfer procedure or commencing injectable medication for assisted reproduction until the assisted reproduction agreement for gestational carriers has been fully executed pursuant to the requirements of these provisions. The bill would permit an action to establish the parent-child relationship to be filed before the child's birth, and would specify where that action may be filed. The bill would require the parties to the assisted reproduction agreement for gestational carriers to attest, under penalty of perjury, and to the best of their knowledge and belief, as to their compliance with these provisions. By expanding the existing crime of perjury, the bill would impose a state-mandated local program. The bill would provide that an assisted reproduction agreement for gestational carriers executed in accordance with these provisions is presumptively valid. The bill would provide that the assisted reproduction agreement for gestational carriers and related documents are not open to inspection, except by the parties to the proceeding and their attorneys and the State Department of Social Services, except as specified. 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.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 466, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 1:35 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 6531.).

  5. Assembly Rule 77 suspended. (Page 6488.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 4906.).

  8. Read second time. Ordered to third reading.

  9. Read third time and amended. Ordered to second reading.

  10. Read second time. Ordered to third reading.

  11. Read third time and amended. Ordered to second reading.

  12. Read second time. Ordered to third reading.

  13. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  14. Read second time and amended. Re-referred to Com. on APPR.

  15. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (July 3).

  16. In committee: Set, first hearing. Hearing canceled at the request of author.

  17. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  18. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  19. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  20. Referred to Com. on JUD.

  21. In Senate. Read first time. To Com. on RLS. for assignment.

  22. Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1466.)

  23. Read second time. Ordered to third reading.

  24. Read second time and amended. Ordered to second reading.

  25. From committee: Do pass as amended. (Ayes 9. Noes 0.) (May 3).

  26. Re-referred to Com. on JUD.

  27. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  28. In committee: Set, first hearing. Hearing canceled at the request of author.

  29. Re-referred to Com. on JUD. pursuant to Assembly Rule 96.

  30. Re-referred to Com. on HEALTH.

  31. From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.

  32. Referred to Coms. on HEALTH and JUD.

  33. From printer. May be heard in committee March 22.

  34. Read first time. To print.

Sponsors

  • Fuentes · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Fuentes

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 1217 FUENTES Concurrence in Senate Amendments

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 76001
Democratic 1000
Republican 2000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Hagman — Yea
Feuer — Yea
Furutani — Yea
John A. Pérez — Yea
Mitchell — Yea
Garrick — Yea
Gordon — Yea
Atkins — Yea
Gorell — Yea
Butler — Yea
Halderman — Yea
Hall — Yea
Hayashi — Yea
Campos — Yea
Portantino — Yea
Hill — Yea
Hueso — Yea
Carter — Yea
Allen — Yea
Huffman — Yea
Jeffries — Yea
Bonilla — Yea
Lara — Yea
Fong — Yea
Ammiano — Yea
Blumenfield — Yea
Cedillo — Yea
Chesbro — Yea
Conway — Yea
Davis — Yea
Donnelly — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Nestande — Yea
Nielsen — Yea
Olsen — Yea
Pan — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Torres — Yea
Valadao — Yea
Wieckowski — Yea
Williams — Yea
Fletcher — Yea
Galgiani — Yea
Block — Yea
Monning — Yea
Achadjian — Yea
Alejo — Yea
Beall — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Huber — Yea
Knight — Yea
Ma — Yea
Mansoor — Not Voting
Morrell — Yea
Norby — Yea
Perea — Yea
Skinner — Yea
Swanson — Yea
Wagner — Yea
Cook — Yea
Eng — Yea
Dickinson — Yea
Yamada — Yea
Fuentes — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading AB1217 Fuentes By Leno

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 34003
Republican 1000
Democratic 2000
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Lieu — Yea
Wolk — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Evans — Yea
Fuller — Yea
Cannella — Yea
Rubio — Not Voting
Runner — Not Voting
Hancock — Yea
Hernandez — Yea
Kehoe — Yea
Alquist — Yea
Blakeslee — Yea
Corbett — Yea
Correa — Yea
Dutton — Yea
Leno — Yea
Liu — Yea
Pavley — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Vargas — Yea
Wright — Yea
Anderson — Yea
Harman — Yea
Huff — Yea
Walters — Yea
Wyland — Not Voting
Emmerson — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 1217 FUENTES Assembly Third Reading

Passed 76 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 73004
Democratic 1000
Total 76004
% of votes cast 95%0%0%5%
How each member voted (80)
Member Party Vote
Butler — Yea
Feuer — Yea
Furutani — Yea
Galgiani — Yea
Gatto — Yea
Gordon — Yea
Fong — Yea
Carter — Yea
Hagman — Yea
Allen — Yea
Halderman — Yea
Hall — Yea
Hayashi — Yea
Cedillo — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Huber — Yea
Fletcher — Yea
Hueso — Yea
Jeffries — Yea
Chesbro — Yea
Knight — Yea
Bonilla — Yea
Ammiano — Yea
Beall — Yea
Conway — Yea
Cook — Yea
Davis — Yea
Logue — Yea
Mendoza — Yea
Monning — Yea
Nestande — Yea
Norby — Yea
Olsen — Yea
Pan — Yea
Perea — Yea
Skinner — Yea
Smyth — Yea
Torres — Yea
Valadao — Yea
Williams — Yea
Atkins — Yea
Campos — Yea
Gorell — Not Voting
Lara — Yea
Donnelly — Yea
Morrell — Yea
Solorio — Yea
Achadjian — Yea
Alejo — Not Voting
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hill — Yea
Huffman — Yea
Ma — Not Voting
Mansoor — Not Voting
Miller — Yea
Nielsen — Yea
Silva — Yea
Swanson — Yea
Wagner — Yea
Wieckowski — Yea
Eng — Yea
Dickinson — Yea
Yamada — Yea
Fuentes — Yea
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended.

Passed 9 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Republican 1000
Total 9001
% of votes cast 90%0%0%10%
How each member voted (10)
Member Party Vote
Feuer — Yea
Gorell — Not Voting
Huber — Yea
Atkins — Yea
Huffman — Yea
Dickinson — Yea
Wieckowski — Yea
Monning — Yea
Wagner — Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

civil-rights healthcare labor
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Frequently asked questions

What does AB 1217 do?
The Uniform Parentage Act defines the parent and child relationship as the legal relationship existing between a child and the child's 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. This bill would require a surrogate mother and the intended parent or intended parents, as defined, to be represented by separate independent counsel of their choosing prior to executing an assisted reproduction agreement for gestational carriers, as defined. The bill also would require an assisted reproduction agreement for gestational carriers to contain specified information. The bill would require the assisted reproduction agreement for gestational carriers to be executed by the parties and notarized or otherwise witnessed, as specified. The bill would prohibit the parties to an assisted reproduction agreement for gestational carriers from undergoing an embryo transfer procedure or commencing injectable medication for assisted reproduction until the assisted reproduction agreement for gestational carriers has been fully executed pursuant to the requirements of these provisions. The bill would permit an action to establish the parent-child relationship to be filed before the child's birth, and would specify where that action may be filed. The bill would require the parties to the assisted reproduction agreement for gestational carriers to attest, under penalty of perjury, and to the best of their knowledge and belief, as to their compliance with these provisions. By expanding the existing crime of perjury, the bill would impose a state-mandated local program. The bill would provide that an assisted reproduction agreement for gestational carriers executed in accordance with these provisions is presumptively valid. The bill would provide that the assisted reproduction agreement for gestational carriers and related documents are not open to inspection, except by the parties to the proceeding and their attorneys and the State Department of Social Services, except as specified. 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.
Who sponsors AB 1217?
AB 1217 is sponsored by Fuentes.
What is the current status of AB 1217?
This bill has been enacted into law. Introduced February 18, 2011. Enacted.
Where can I track AB 1217?
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Last checked for changes 3 months ago · updated continuously

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