SECTIONS 7960-7961 - California Statutes

FAMILY.CODE

SECTION 7960-7961

7960. For purposes of this part, the following terms have the
following meanings:
(a) "Surrogacy facilitator" means a person or organization that
engages in either of the following activities:
(1) Advertising for the purpose of soliciting parties to an
assisted reproduction agreement or acting as an intermediary between
the parties to an assisted reproduction agreement.
(2) Charging a fee or other valuable consideration for services
rendered relating to an assisted reproduction agreement.
(b) "Nonattorney surrogacy facilitator" means a surrogacy
practitioner who is not an attorney in good standing licensed to
practice law in this state.
(c) "Assisted reproduction agreement" has the same meaning as
defined in subdivision (b) of Section 7606.
(d) "Fund management agreement" means the agreement between the
intended parents and the surrogacy facilitator relating to the fee or
other valuable consideration for services rendered or that will be
rendered by the surrogacy facilitator.

7961. (a) A nonattorney surrogacy facilitator shall direct the
client to deposit all client funds into either of the following:
(1) An independent, bonded escrow depository maintained by a
licensed, independent, bonded escrow company.
(2) A trust account maintained by an attorney.
(b) For purposes of this section, a nonattorney surrogacy
facilitator may not have a financial interest in any escrow company
holding client funds. A nonattorney surrogacy facilitator and any of
its directors or employees shall not be an agent of any escrow
company holding client funds.
(c) Client funds may only be disbursed by the attorney or escrow
agent as set forth in the assisted reproduction agreement and fund
management agreement.
(d) This section shall not apply to funds that are both of the
following:
(1) Not provided for in the fund management agreement.
(2) Paid directly to a medical doctor for medical services or a
psychologist for psychological services.