The measure by San Francisco Assemblyman Tom Ammiano, a Democrat,
would require sperm donors, surrogate mothers and the people with
whom they work to have a child to fill out a series of forms
detailing the rights and responsibilities of each person.
"The science behind having families has advanced more quickly than
the laws," Ammiano said. "This bill is just an attempt to catch up
with the realities and help these couples enjoy their modern
families."
The bill, which would apply to same-sex and heterosexual couples
alike, was passed by the state assembly by a wide margin on Monday.
It would require all couples who use sperm donation or surrogacy to
conceive a child to state ahead of time who would have parental
rights and responsibilities and who would not.
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Legal issues around the parental rights of sperm donors have made
headlines recently over a debacle involving actor Jason Patric, who
donated sperm to a now-former girlfriend and is suing for the right
to be part of the child's life. Under current law, sperm donors do
not typically have parental rights unless otherwise agreed by the
parties involved.
Ammiano's bill would require people who use sperm donors or
surrogate mothers to fill out a series of forms outlining the
parental rights and responsibilities of the donor or surrogate
involved before conception.
While many fertilization clinics already require patients to fill
out a variety of legal forms, the forms can range from clinic to
clinic and are often geared more toward protecting the interest of
the clinic than the will of the parents, said Ammiano's spokesman,
Carlos Alcala.
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The forms required under the legislation are designed to eliminate
any gray area about who has the right to visit or care for a child
conceived through in vitro or other non-traditional reproductive
methods, Alcala said.
"You can never stop people from suing, but you can do some things to
make it less likely," he said.
The bill would also create an expedited adoption process for
same-sex parents. The process would apply to parents who want their
parental rights to extend to states where same-sex parents are not
recognized unless the child has been legally adopted.
(Editing by Sharon Bernstein)
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