California Family Code

§ 7613

FAM § 7613 Effective Jan 1, 2024Div. 12 · Part 3 · Ch. 2

Statute text

(a)(1) If a woman conceives through assisted reproduction with semen or ova or both donated by a donor who is not the woman’s spouse, with the consent of another intended parent, that intended parent is treated in law as if that intended parent is the natural parent of a child thereby conceived. The other intended parent’s consent shall be in writing and signed by the other intended parent and the woman conceiving through assisted reproduction.

(2)Failure to consent in writing, as required by paragraph (1), does not preclude the court from finding that the intended parent consented if the court finds by clear and convincing evidence that, prior to the conception of the child, the woman and the intended parent had an oral agreement that the woman and the intended parent would both be parents of the child.

(b)(1) The donor of semen provided to a licensed physician and surgeon or to a licensed sperm bank for use in assisted reproduction by a woman other than the donor’s spouse is treated in law as if the donor is not the natural parent of a child thereby conceived, unless the donor and the woman signed a written agreement before the conception of the child, that the donor would be a parent.

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Legislative history

Amended by Stats. 2023, Ch. 851, Sec. 5. (AB 1650) Effective January 1, 2024.