This bill would provide that a person's offer or refusal to sign a voluntary declaration of paternity may be considered as a factor, but shall not be determinative as to the issue of legal parentage in any proceedings regarding the establishment or termination of parental rights.
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.
This was a case of first impression for the California Court of Appeals to determine parental rights of a child born of a traditional surrogacy agreement after the intended parents had separated.
The appellate court held that it would be inappropriate to consider the validity of the surrogacy agreement where the Act resolved the parentage issue as the surrogate was both the genetic and birth mother of the child.
Even though the intended parents had no genetic link to the child born to a surrogate, the court found that because they intended to procreate a child, under the Uniform Parentage Act they were the lawful parents of the born child.