Fam. Code, § 7961 · Part 7. SURROGACY AND DONOR FACILITATORS, ASSISTED REPRODUCTION AGREEMENTS FOR GESTATIONAL CARRIERS, AND OOCYTE DONATIONS
Fam. Code, § 7961
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) A nonattorney surrogacy or donor 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 or donor facilitator may not have a financial interest in any escrow company holding client funds. A nonattorney surrogacy or donor 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.
Notes and commentary — not statutory text
History
Amended by Stats. 2015, Ch. 91, Sec. 4. (AB 1049) Effective January 1, 2016.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=7961.
- Text hash
- sha256 8e4ded1052386df4a1f623d1ca46e471f31000c7b6073f5cbd5bc1e2161f18e2
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.