There is a newer version of the California Code
2010 California Code
Family Code
Part 7. Surrogacy Facilitators
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.
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