California 2017-2018 Regular Session Status: To Executive

AB 2298 — Parent-child relationship: assisted reproduction agreement for gestational carriers.

Last action — Vetoed by Governor.

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

This bill died with 2017-2018 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law regulates specified aspects of agreements for a woman to carry and bear a child for another through medically assisted reproduction, and defines 2 types of surrogacy for these provisions: traditional surrogate and gestational carrier. A gestational carrier is a woman who is not an intended parent, as defined, and who agrees to gestate an embryo that is genetically unrelated to her pursuant to an assisted reproduction agreement. The Uniform Parentage Act defines the parent and child relationship as the legal relationship existing between a child and the child's parents and provides rebuttable presumptions as to the parentage of a child born under certain circumstances. Existing law requires a court, upon petition of any party to an assisted reproduction agreement for gestational carriers that was executed in a specified manner and contains certain provisions, to issue a judgment establishing a parent-child relationship of the intended parent or intended parents identified in the agreement and further establishing that the gestational carrier, her spouse, or partner is not a parent of, and has no parental rights or duties with respect to, the child or children. This bill would require an assisted reproductive agreement for gestational carriers, in order to be sufficient to require a court to enter a judgment establishing a parent-child relationship, to also disclose that any child conceived through sexual intercourse by the gestational carrier is the child of the gestational carrier. The bill would specifically establish that the gestational carrier surrogate and her spouse or partner do not have a parent-child relationship with the child or children who are born from the transferred embryo or embryos if an agreement for gestational carriers that complies with specified provisions is lodged with the superior court, as specified.

Bill Text

Action History

  1. Vetoed by Governor.

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

  3. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 64. Noes 8. Page 6651.).

  4. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 25 pursuant to Assembly Rule 77.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 5660.).

  6. Read second time. Ordered to third reading.

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

  8. Ordered to third reading.

  9. From Consent Calendar.

  10. Read second time. Ordered to Consent Calendar.

  11. From committee: Do pass. To Consent Calendar. (Ayes 7. Noes 0.) (July 3).

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

  13. Referred to Com. on JUD.

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

  15. Read third time. Passed. Ordered to the Senate. (Ayes 72. Noes 0. Page 4782.)

  16. Read second time. Ordered to third reading.

  17. Read second time and amended. Ordered returned to second reading.

  18. From committee: Amend, and do pass as amended. (Ayes 9. Noes 0.) (April 3).

  19. Re-referred to Com. on JUD.

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

  21. Re-referred to Com. on JUD.

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

  23. Referred to Com. on JUD.

  24. From printer. May be heard in committee March 16.

  25. Read first time. To print.

Sponsors

  • Chau · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 3 voted No

Sponsors (1)

  • Chau

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 2298 CHAU Concurrence in Senate Amendments

Passed 64 Yea · 8 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 45607
Democratic 16000
Republican 3201
Total 64808
% of votes cast 80%10%0%10%
How each member voted (80)
Member Party Vote
Acosta — Yea
Bigelow — Not Voting
Bloom — Yea
Brough — Yea
Kamlager-Dove — Not Voting
Kiley — Not Voting
Maienschein — Yea
Mathis — Nay
O'Donnell — Yea
Rodriguez — Yea
Thurmond — Yea
Waldron — Not Voting
Weber — Yea
Chávez — Nay
Gonzalez Fletcher — Yea
Friedman — Yea
Burke — Yea
Salas — Yea
Gloria — Yea
Harper — Nay
Gray — Yea
Holden — Yea
Jones-Sawyer — Yea
Rubio — Yea
Levine — Yea
Rivas — Yea
Low — Yea
Mayes — Yea
McCarty — Yea
Medina — Yea
Melendez — Nay
Baker — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Cooley — Yea
Daly — Yea
Mullin — Yea
Nazarian — Yea
Obernolte — Yea
Quirk — Yea
Rendon — Yea
Santiago — Yea
Steinorth — Yea
Ting — Yea
Voepel — Nay
Wood — Yea
Fong — Not Voting
Cooper — Yea
Eggman — Yea
Cunningham — Yea
Frazier — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Mark Stone — Yea
Travis Allen — Nay
Wendy Carrillo — Yea
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
Gabriel, Jesse 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 Yea
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Nay
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Nay

Official roll call →

3rd Reading AB2298 Chau By Monning

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 34001
Democratic 5000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Bradford — Yea
Hernandez — Yea
Hueso — Yea
Moorlach — Yea
Pan — Yea
Skinner — Yea
Vidak — Yea
Wilk — Yea
Cannella — Yea
Hertzberg — Yea
Mitchell — Yea
Atkins — Yea
Leyva — Yea
Portantino — Yea
Beall — Yea
Morrell — Yea
Hill — Yea
De León — Yea
Allen — Yea
Lara — Yea
Delgado — Yea
Chang — Yea
Dodd — Yea
Monning — Yea
Nielsen — Yea
Glazer — Yea
Wieckowski — Yea
Roth — Yea
Fuller — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
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 →

AB 2298 CHAU Assembly Third Reading

Passed 72 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 52005
Democratic 14001
Republican 6000
Total 72006
% of votes cast 92%0%0%8%
How each member voted (78)
Member Party Vote
Acosta — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Kiley — Yea
Low — Yea
Mathis — Yea
Nazarian — Yea
Rendon — Yea
Santiago — Yea
Voepel — Yea
Wood — Yea
Eggman — Not Voting
Chau — Yea
Chu — Yea
Mayes — Yea
Medina — Yea
Rodriguez — Yea
Thurmond — Yea
Ting — Yea
Gonzalez Fletcher — Yea
Fong — Yea
Salas — Yea
Burke — Yea
Friedman — Yea
Gray — Yea
Harper — Yea
Holden — Yea
Rubio — Yea
Jones-Sawyer — Yea
Kamlager-Dove — Yea
Levine — Yea
Maienschein — Yea
McCarty — Yea
Melendez — Not Voting
Mullin — Not Voting
Baker — Yea
Chiu — Yea
Chávez — Yea
Cooper — Yea
O'Donnell — Yea
Obernolte — Yea
Quirk — Not Voting
Steinorth — Yea
Waldron — Yea
Weber — Yea
Cooley — Yea
Cunningham — Yea
Daly — Yea
Frazier — Yea
Gloria — Yea
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Wendy Carrillo — Yea
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 Not Voting
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 Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass as amended.

Passed 9 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 7001
Democratic 2000
Total 9001
% of votes cast 90%0%0%10%
How each member voted (10)
Member Party Vote
Kiley — Yea
Chau — Yea
Chiu — Yea
Cunningham — Not Voting
Holden — Yea
Maienschein — Yea
Gonzalez Fletcher — Yea
Mark Stone — Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Yea

Official roll call →

Subjects

civil-rights healthcare
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Frequently asked questions

What does AB 2298 do?
Existing law regulates specified aspects of agreements for a woman to carry and bear a child for another through medically assisted reproduction, and defines 2 types of surrogacy for these provisions: traditional surrogate and gestational carrier. A gestational carrier is a woman who is not an intended parent, as defined, and who agrees to gestate an embryo that is genetically unrelated to her pursuant to an assisted reproduction agreement. The Uniform Parentage Act defines the parent and child relationship as the legal relationship existing between a child and the child's parents and provides rebuttable presumptions as to the parentage of a child born under certain circumstances. Existing law requires a court, upon petition of any party to an assisted reproduction agreement for gestational carriers that was executed in a specified manner and contains certain provisions, to issue a judgment establishing a parent-child relationship of the intended parent or intended parents identified in the agreement and further establishing that the gestational carrier, her spouse, or partner is not a parent of, and has no parental rights or duties with respect to, the child or children. This bill would require an assisted reproductive agreement for gestational carriers, in order to be sufficient to require a court to enter a judgment establishing a parent-child relationship, to also disclose that any child conceived through sexual intercourse by the gestational carrier is the child of the gestational carrier. The bill would specifically establish that the gestational carrier surrogate and her spouse or partner do not have a parent-child relationship with the child or children who are born from the transferred embryo or embryos if an agreement for gestational carriers that complies with specified provisions is lodged with the superior court, as specified.
Who sponsors AB 2298?
AB 2298 is sponsored by Chau.
What is the current status of AB 2298?
This bill died with 2017-2018 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 2298?
Track AB 2298 free on One Click Politics — get push/email alerts when it moves.

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