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

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 childs 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.