California 2017-2018 Regular Session Status: Enacted

AB 1396 — Surrogacy.

Last action — Chaptered by Secretary of State - Chapter 326, Statutes of 2017.

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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 17, 2017. 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

Existing law requires an assisted reproduction agreement for gestational carriers to include certain terms, including, among others, the identity of the intended parent or parents. Upon the petition of any party to a properly executed assisted reproduction agreement for gestational carriers, a court is required to issue a judgment or order establishing a parent-child relationship between the child or children and the intended parent or parents identified in the surrogacy agreement and further establishing that the surrogate, her spouse, or partner is not a parent of, and has no parental rights or duties with respect to, the child or children. Existing law requires the judgment or order to terminate any parental rights of the surrogate and her spouse or partner without further hearing or evidence, unless specified conditions are met. This bill would delete this reference to the parental rights of the surrogate and her spouse or partner and would instead require the court to issue the judgment or order regarding parentage forthwith, unless specified conditions are met.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 326, Statutes of 2017.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 2:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 74. Noes 0. Page 2934.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 2 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 1. Page 2331.).

  7. Read second time. Ordered to third reading.

  8. From committee: Do pass. (Ayes 7. Noes 0.) (July 18).

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

  10. Referred to Com. on JUD.

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

  12. Read third time. Passed. Ordered to the Senate. (Ayes 66. Noes 6. Page 1886.)

  13. Read second time. Ordered to third reading.

  14. From committee: Do pass. (Ayes 10. Noes 0.) (May 9).

  15. Re-referred to Com. on JUD.

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

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

  18. Referred to Com. on JUD.

  19. From printer. May be heard in committee March 21.

  20. Read first time. To print.

Sponsors

  • Burke · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 1 voted No

Sponsors (1)

  • Burke

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 1396 BURKE Concurrence in Senate Amendments

Passed 74 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 54004
Democratic 15000
Republican 5001
Total 74005
% of votes cast 94%0%0%6%
How each member voted (79)
Member Party Vote
Acosta — Yea
Baker — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Maienschein — Yea
Mathis — Yea
Medina — Yea
Rendon — Yea
Rodriguez — Yea
Steinorth — Yea
Waldron — Yea
Eggman — Not Voting
Dababneh — Yea
Daly — Yea
Friedman — Yea
Gloria — Yea
Holden — Yea
Jones-Sawyer — Yea
Chiu — Yea
Chu — Yea
Melendez — Yea
Mullin — Yea
Thurmond — Yea
Frazier — Yea
Rubio — Yea
Salas — Yea
Bocanegra — Yea
Harper — Yea
Burke — Yea
Fong — Yea
Gray — Yea
Kiley — Yea
Chau — Yea
Gonzalez Fletcher — Yea
Levine — Yea
Low — Yea
Mayes — Yea
McCarty — Yea
Nazarian — Yea
Chávez — Yea
Cooley — Yea
Cooper — Yea
Cunningham — Yea
O'Donnell — Yea
Obernolte — Yea
Quirk — Yea
Ridley-Thomas — Not Voting
Santiago — Yea
Ting — Yea
Voepel — Yea
Weber — Yea
Wood — Yea
Cristina Garcia — Yea
Eduardo Garcia — Not Voting
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Not Voting
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB1396 Burke By Jackson

Passed 38 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 33101
Democratic 5000
Total 38101
% of votes cast 95%3%0%3%
How each member voted (40)
Member Party Vote
Anderson — Yea
Beall — Yea
Hill — Yea
Lara — Yea
Pan — Yea
Roth — Yea
Fuller — Yea
Glazer — Yea
Galgiani — Yea
Allen — Yea
Cannella — Yea
De León — Yea
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Dodd — Yea
Hernandez — Yea
Bates — Yea
Bradford — Yea
Hertzberg — Yea
Hueso — Yea
Leyva — Yea
Mendoza — Yea
Monning — Not Voting
Moorlach — Yea
Morrell — Nay
Newman — Yea
Nielsen — Yea
Skinner — Yea
Vidak — Yea
Wieckowski — Yea
Wilk — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Democratic 2000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Anderson — Yea
Hertzberg — Yea
Moorlach — Yea
Wieckowski — Yea
Monning — Yea
Jackson, Corey A. Democratic Yea
Stern, Henry I. Democratic Yea

Official roll call →

AB 1396 BURKE Assembly Third Reading

Passed 66 Yea · 6 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 47505
Democratic 16000
Republican 3103
Total 66608
% of votes cast 83%8%0%10%
How each member voted (80)
Member Party Vote
Acosta — Yea
Baker — Yea
Bloom — Yea
Brough — Yea
Holden — Yea
Jones-Sawyer — Yea
Kiley — Nay
Maienschein — Yea
Mathis — Nay
Mullin — Yea
Obernolte — Yea
Ridley-Thomas — Yea
Steinorth — Yea
Thurmond — Yea
Voepel — Nay
Wood — Yea
Eggman — Not Voting
Chiu — Yea
Cooper — Yea
Cunningham — Yea
Dababneh — Yea
Daly — Yea
Frazier — Yea
Gloria — Yea
Bigelow — Yea
Chu — Yea
Rubio — Yea
Friedman — Yea
Salas — Yea
Bocanegra — Yea
Burke — Yea
Gray — Yea
Chau — Yea
Gonzalez Fletcher — Yea
Gomez — Yea
Harper — Nay
Levine — Yea
Low — Yea
Mayes — Not Voting
Chávez — Nay
Cooley — Yea
McCarty — Yea
Medina — Yea
Melendez — Not Voting
Nazarian — Not Voting
O'Donnell — Yea
Quirk — Yea
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Ting — Yea
Waldron — Yea
Weber — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Travis Allen — Not Voting
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Not Voting
Flora, Heath Republican Yea
Gallagher, James Republican Nay
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Do pass.

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Democratic 2000
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Holden — Yea
Maienschein — Yea
Chau — Yea
Cunningham — Yea
Chiu — Yea
Ting — Yea
Kiley — Not Voting
Cristina Garcia — Yea
Mark Stone — Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Yea

Official roll call →

Subjects

civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 1396 do?
Existing law requires an assisted reproduction agreement for gestational carriers to include certain terms, including, among others, the identity of the intended parent or parents. Upon the petition of any party to a properly executed assisted reproduction agreement for gestational carriers, a court is required to issue a judgment or order establishing a parent-child relationship between the child or children and the intended parent or parents identified in the surrogacy agreement and further establishing that the surrogate, her spouse, or partner is not a parent of, and has no parental rights or duties with respect to, the child or children. Existing law requires the judgment or order to terminate any parental rights of the surrogate and her spouse or partner without further hearing or evidence, unless specified conditions are met. This bill would delete this reference to the parental rights of the surrogate and her spouse or partner and would instead require the court to issue the judgment or order regarding parentage forthwith, unless specified conditions are met.
Who sponsors AB 1396?
AB 1396 is sponsored by Burke.
What is the current status of AB 1396?
This bill has been enacted into law. Introduced February 17, 2017. Enacted.
Where can I track AB 1396?
Track AB 1396 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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