Rule 5.78 Actions or proceedings to determine a parental (or nonparental) relationship involving an assisted reproduction agreement

(a) Authority This rule applies to actions or proceedings filed with the court involving an assisted reproduction agreement as defined by Family Code section 7606(b), in which the parties seek a court judgment determining a parental (or nonparental) relationship under Family Code section 7613 or 7630(f) or sections 7960–7962.

(b) Confidentiality Actions or proceedings to determine a parental (or nonparental) relationship involving an assisted reproduction agreement are confidential under the Uniform Parentage Act.

(c) Actions involving statutory forms and traditional surrogacy For matters involving traditional surrogacy, as defined by Family Code section 7960(f)(1), or matters involving use of the assisted reproduction agreements found in Family Code section 7613.5 (including those involving the disposition of embryos), parties commence an action in family court to seek a judgment determining a parental (or nonparental) relationship by using the following forms:

(d)

(1) Confidential Cover Sheet—Parentage Action Involving Assisted Reproduction (form FL-211);

(2) Summons (form FL-210);

(3) Petition to Determine Parental Relationship (form FL-200);

(4) Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (form FL-105), only if child custody or visitation (parenting time) or both are at issue in the case; or

(5) Any forms required for subsequent filings in actions under the Uniform Parentage Act.

Actions involving a gestational carrier agreement

(1) Parties to a gestational carrier agreement must commence an action in family court to seek a judgment determining a parental (or nonparental) relationship to a child born or expected to be born by using either:

(A) Petition to Determine Parental Relationship (form SUR-100); or

(B) Joint Petition to Determine Parental Relationship (form SUR-100(J)).

(2) Petitioner may, with the consent of other parties, complete and file with the clerk of the court all the forms and documents required of all parties to initiate the case and request entry of judgment. Petitioner may, but is not required to, file all the forms and documents at one time.

(3) Consistent with Family Code section 7962:

(A) A true and correct copy of the notarized gestational carrier agreement must be lodged with the clerk of the court, with the declarations of the separate, independent attorneys attached. If applicable, a true and correct copy of the English translation of the gestational carrier agreement (certified under oath by a qualified interpreter) must also be lodged with the clerk of court

(B) Parties must file a declaration of the fertility physician with the clerk of the court to demonstrate compliance with section 7962(d).

(C)

(4)

(e) For cases in which respondent wants to file a response to Petition to Determine Parental Relationship (form SUR-100), the response must be provided on Response to Petition to Determine Parental Relationship (form SUR-120).

Issuance of judgment

(1)

(2)

(f) Parties must file their declarations under section 7962(e) with the clerk of the court.

In all assisted reproduction parentage proceedings, a judgment:

(A) Must be issued on Judgment (form FL-250); and

(B) Need not reference that the case involves a gestational carrier agreement, if applicable.

The clerk of the court must mail Notice of Entry of Judgment (form FL-190) to the parties or their attorneys, if the parties are represented, as specified in the Clerk’s Certificate of Mailing.

Confidentiality in actions to determine a parental (or nonparental) relationship involving an assisted reproduction agreement Other than the final judgment, the clerk of the court must maintain the following in a confidential court file subject only to access under Family Code section 7643.5:

(1) Confidential Cover Sheet—Parentage Action Involving Assisted Reproduction (form FL-211) (not used in cases involving a gestational carrier agreement);

(2) Petition to Determine Parental Relationship (form SUR-100);

(3) Joint Petition to Determine Parental Relationship (form SUR-100(J)); and

(4) All subsequent papers filed in the case.