SECTIONS 1644.7-1644.9 - California Statutes

HEALTH AND SAFETY CODE

SECTION 1644.7-1644.9

1644.7. Any entity that receives genetic material of a human being
that may be used for conception shall provide to the person
depositing his or her genetic material a form for use by the
depositor that, if signed by the depositor, would satisfy the
conditions set forth in Section 249.5 of the Probate Code, regarding
the decedent's intent for the use of that material. The use of the
form is not mandatory, and the form is not the exclusive means of
expressing a depositor's intent. The form shall include advisements
in substantially the following form:
"The use of this form for designating whether a child conceived
after your death will be your heir is not mandatory. However, if you
wish to allow a child conceived after your death to be considered as
your heir (or beneficiary of other benefits such as life insurance or
retirement) you must specify that in writing and you must sign that
written expression of intent.
This specification can be revoked or amended only in writing
signed by you (and not by spoken words).
You should consider how having a child conceived after your death
affects your estate planning (including your will, trust, and other
beneficiary designations for retirement benefits, life insurance,
financial accounts, etc.) These issues can be complex, and you should
discuss them with your attorney."

1644.8. Any entity that receives genetic material of a human being
that may be used for conception shall make available to the person
depositing his or her genetic material a form that, if signed by the
depositor, would revoke any previous expression of intent regarding
the use of his or her genetic material necessary to satisfy the
conditions set forth in Section 249.5 of the Probate Code. The use of
the form is not mandatory, and the form is not the exclusive means
of expressing a depositor's intent with respect to revocation or
amendment of a prior expression of intent. The form shall include
advisements in substantially the following form:
"The use of this form to revoke or amend a previous form for
designating whether a child conceived after your death will be your
heir is not mandatory. This specification can be revoked or amended
only in a writing signed by you (and not by spoken words).
These issues can be complex, and you should discuss them with your
attorney."

1644.9. This chapter does not apply to the application of somatic
nuclear transfer technology to the creation of a human being that
shares all of its nuclear genes with the person donating the
implanted nucleus, commonly known as human cloning. For purposes of
this section, the phrase "somatic cell nuclear transfer" means the
process in which the nucleus of a somatic cell of an organism is
transferred into an enucleated oocyte.