§ 1644.2. — 1644.2. (Amended by Stats. 2019, Ch. 539, Sec. 4.)

California § 1644.2.

• Jurisdiction: California
• Code HSC: Health and Safety Code - HSC
• Div. 2.: DIVISION 2. LICENSING PROVISIONS
• Ch. 4.2.: CHAPTER 4.2. Donations of Organs, Tissues,or Body Fluids

Text

(a)
A gamete bank licensed in this state that collects gametes from a donor shall do all of the following:
(1)
Provide the donor with information in a record about the donor’s choice regarding identity disclosure.
(2)
Obtain a declaration from the donor regarding identity disclosure.
(3)
Maintain identifying information and medical information about each gamete donor. The gamete bank shall maintain records of gamete screening and testing and comply with reporting requirements, in accordance with federal law and applicable law of this state other than this
chapter.
(b)
A gamete bank licensed in this state shall give a donor the choice to sign a declaration, attested by a notary or witnessed, that does either of the following:
(1)
States that the donor agrees to disclose the donor’s identity to a child conceived by assisted reproduction with the donor’s gametes, on request, once the child attains 18 years of age.
(2)
States that the donor does not agree presently to disclose the donor’s identity to the child.
(c)
A gamete bank licensed in this state shall permit a donor who has signed a declaration that the donor does not agree to disclose the donor’s identity under paragraph (2) of subdivision (b) to withdraw
the declaration at any time by signing a declaration that the donor agrees to disclose the donor’s identity under paragraph (1) of subdivision (b).
(d)
A gamete bank licensed in this state is not required to collect gametes from a donor who does not agree to disclose the donor’s identity under paragraph (2) of subdivision (b).
(e)
This section does not apply to gametes collected from a donor whose identity is known to the recipient of the gametes at the time of the donation.
(f)
This section shall apply only to gametes collected on or after January 1, 2020.

Legislative History

Amended by Stats. 2019, Ch. 539, Sec. 4. (AB 785) Effective January 1, 2020.