California 2015-2016 Regular Session Status: Enacted

AB 2349 — Assisted reproduction agreements for gestational carriers.

Last action — Chaptered by Secretary of State - Chapter 385, Statutes of 2016.

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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, 2016. Enacted.

Prognosis

Likely to advance 74% · 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.

  • 3 sponsors

    1 primary, 2 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, governs proceedings to establish that relationship, and establishes the jurisdiction of the courts under the act. Existing law provides that a party to an assisted reproduction agreement may bring an action under the act at any time to establish a parent and child relationship consistent with the intent expressed in that assisted reproduction agreement. Existing law allows an action to establish the parent-child relationship between the intended parent or parents and the child as to a child conceived pursuant to an assisted reproduction agreement for gestational carriers to be filed before the child's birth and specifies the counties where that action may be filed. This bill would extend the jurisdiction of the courts under the act to a proceeding to determine parentage of the child as to a child who is conceived pursuant to an assisted reproduction agreement for gestational carriers if certain conditions are satisfied, including if the child is born in this state, or one or more of the parties to the assisted reproduction agreement for gestational carriers resides in this state or resided in this state at the time the assisted reproduction agreement for gestational carriers was executed. Existing law requires an assisted reproduction agreement for gestational carriers to contain specified information, including the persons from which the gametes originated, unless anonymously donated. This bill would instead require an assisted reproduction agreement for gestational carriers to contain information regarding the persons from whom the gametes originated, unless donated gametes were used, in which case the agreement shall specify whether the donated gamete or gametes were eggs, sperm, or embryos, or all. Existing law provides that the donor of ova for use in assisted reproduction by a woman other than the donor's spouse or partner is treated in law as if she were not the natural parent of a child thereby conceived, unless the court finds satisfactory evidence that the donor and the woman intended for the donor to be a parent. This bill would replace the term "woman" with "person" in those provisions.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 385, Statutes of 2016.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 6044.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 18 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 4981.).

  7. Read second time. Ordered to third reading.

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

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 7. Noes 0.) (June 21).

  11. Referred to Com. on JUD.

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

  13. Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 5007.)

  14. Read third time and amended. Ordered to third reading. (Page 4887.)

  15. Read second time. Ordered to third reading.

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

  17. From committee: Amend, and do pass as amended. (Ayes 10. Noes 0.) (March 29).

  18. Re-referred to Com. on JUD.

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

  20. Referred to Com. on JUD.

  21. From printer. May be heard in committee March 20.

  22. Read first time. To print.

Sponsors

  • Chiu · Primary
  • Eggman · Cosponsor
  • Gordon · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on

Sponsors (1)

  • Chiu

Co-sponsors (2)

  • Eggman
  • Gordon

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"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

Passed 77 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 67003
Democratic 5000
Republican 5000
Total 77003
% of votes cast 96%0%0%4%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bloom — Yea
Holden — Yea
Kim — Yea
Maienschein — Yea
Mathis — Yea
Olsen — Yea
Ridley-Thomas — Yea
Santiago — Yea
Thurmond — Yea
Wagner — Yea
Wood — Yea
Chau — Yea
Eggman — Yea
Cooley — Yea
Cooper — Yea
Burke — Yea
Chang — Yea
Chiu — Yea
Chu — Yea
Salas — Yea
Frazier — Yea
Gordon — Yea
Harper — Yea
Baker — Yea
Brough — Yea
Brown — Yea
Levine — Yea
Gatto — Yea
Gray — Yea
Atkins — Yea
Campos — Yea
Bonilla — Yea
Lopez — Yea
Chávez — Yea
Bigelow — Yea
Dababneh — Yea
Daly — Yea
Dodd — Yea
Jones-Sawyer — Yea
Medina — Yea
Melendez — Not Voting
Mullin — Yea
Quirk — Yea
Steinorth — Yea
Ting — Yea
Linder — Yea
Low — Yea
Mayes — Yea
McCarty — Yea
Nazarian — Yea
O'Donnell — Yea
Obernolte — Yea
Rendon — Yea
Rodriguez — Yea
Waldron — Yea
Weber — Yea
Wilk — Yea
Williams — Yea
Gomez — Yea
Hadley — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Not Voting
Travis Allen — Not Voting
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Passed 37 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 34002
Democratic 3000
Total 37002
% of votes cast 95%0%0%5%
How each member voted (39)
Member Party Vote
Anderson — Yea
Block — Yea
Hertzberg — Yea
Hueso — Yea
Leyva — Yea
Monning — Yea
Nielsen — Yea
Pavley — Yea
Roth — Yea
Glazer — Yea
Fuller — Yea
Galgiani — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Cannella — Yea
Hall — Yea
Hancock — Yea
Hernandez — Yea
Hill — Yea
Bates — Yea
Beall — Yea
Huff — Yea
Lara — Yea
Leno — Yea
Liu — Yea
Mendoza — Yea
Moorlach — Yea
Morrell — Not Voting
Pan — Yea
Vidak — Yea
Wieckowski — Yea
Wolk — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

Do pass

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Anderson — Yea
Hertzberg — Yea
Moorlach — Yea
Leno — Yea
Monning — Yea
Wieckowski — Yea
Jackson, Corey A. Democratic Yea

Official roll call →

Passed 78 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 5000
Republican 4001
Unaffiliated 69001
Total 78002
% of votes cast 98%0%0%3%
How each member voted (80)
Member Party Vote
Linder — Yea
Maienschein — Yea
Mathis — Yea
Nazarian — Yea
O'Donnell — Yea
Rodriguez — Yea
Wagner — Yea
Waldron — Yea
Eggman — Yea
Frazier — Yea
Gatto — Yea
Burke — Yea
Gomez — Yea
Harper — Yea
Salas — Yea
Low — Yea
Mayes — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Cooley — Yea
Cooper — Yea
Achadjian — Yea
McCarty — Yea
Brough — Yea
Brown — Yea
Obernolte — Yea
Olsen — Yea
Rendon — Yea
Ridley-Thomas — Yea
Thurmond — Yea
Weber — Yea
Wilk — Yea
Williams — Yea
Chang — Yea
Chávez — Yea
Dababneh — Yea
Daly — Yea
Dodd — Yea
Alejo — Yea
Baker — Yea
Bigelow — Yea
Bloom — Yea
Gordon — Yea
Jones-Sawyer — Yea
Kim — Yea
Levine — Yea
Melendez — Yea
Steinorth — Yea
Gray — Yea
Atkins — Yea
Bonilla — Yea
Lopez — Yea
Hadley — Yea
Holden — Yea
Campos — Yea
Medina — Yea
Mullin — Yea
Quirk — Yea
Santiago — Yea
Ting — Yea
Wood — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Not Voting
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Not Voting
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 2349 do?
The Uniform Parentage Act defines the parent and child relationship as the legal relationship existing between a child and the child's parents, governs proceedings to establish that relationship, and establishes the jurisdiction of the courts under the act. Existing law provides that a party to an assisted reproduction agreement may bring an action under the act at any time to establish a parent and child relationship consistent with the intent expressed in that assisted reproduction agreement. Existing law allows an action to establish the parent-child relationship between the intended parent or parents and the child as to a child conceived pursuant to an assisted reproduction agreement for gestational carriers to be filed before the child's birth and specifies the counties where that action may be filed. This bill would extend the jurisdiction of the courts under the act to a proceeding to determine parentage of the child as to a child who is conceived pursuant to an assisted reproduction agreement for gestational carriers if certain conditions are satisfied, including if the child is born in this state, or one or more of the parties to the assisted reproduction agreement for gestational carriers resides in this state or resided in this state at the time the assisted reproduction agreement for gestational carriers was executed. Existing law requires an assisted reproduction agreement for gestational carriers to contain specified information, including the persons from which the gametes originated, unless anonymously donated. This bill would instead require an assisted reproduction agreement for gestational carriers to contain information regarding the persons from whom the gametes originated, unless donated gametes were used, in which case the agreement shall specify whether the donated gamete or gametes were eggs, sperm, or embryos, or all. Existing law provides that the donor of ova for use in assisted reproduction by a woman other than the donor's spouse or partner is treated in law as if she were not the natural parent of a child thereby conceived, unless the court finds satisfactory evidence that the donor and the woman intended for the donor to be a parent. This bill would replace the term "woman" with "person" in those provisions.
Who sponsors AB 2349?
AB 2349 is sponsored by Chiu, Eggman, and Gordon.
What is the current status of AB 2349?
This bill has been enacted into law. Introduced February 18, 2016. Enacted.
Where can I track AB 2349?
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