An Act to Amend Section 1644.5 of the Health and Safety Code, Relating to Public Health, S.B. 443, California Senate

Model and Sample Legislation

This bill, subsequently passed by the Senate and signed by the Governor on September 11, 2007, allows HIV-positive men to have their sperm washed and used for fertility treatments. The bill allows the washed sperm to be used in artificial insemination and in vitro fertilization under certain guidelines. Since 1989, California has prohibited HIV-positive people from donating sperm, blood, or tissue in an attempt to curb the spread of HIV. The law prevented HIV-positive men from using reproductive technologies that lower the risk of transmitting HIV to their partners. The new law allows couples to use reproductive technology as long as the HIV-positive donor's sperm is processed to minimize the risk of HIV transmission, informed mutual consent is documented, and the couple uses American Society for Reproductive Medicine-approved sperm processing procedures.