Legislation & Policy

Equal Access to Fertility

Status: Closed

Outcome: Victory

Location: California

California fertility service providers are permitted to offer people seeking to conceive using a known sperm donor access to certain fertility services on the same terms as different-sex couples under Assembly Bill 2356 (2012), which went into effect January 1, 2013. This bill was authored by Assemblymember Nancy Skinner and co-sponsored by Equality California and the National Center for Lesbian Rights.

Increasingly, women in same-sex couples, transgender people, and single women are asking trusted friends to act as sperm donors in order to conceive a child. California was the first state to legally recognize that people may use known donors (not just anonymous sperm donors) to conceive a child.

However, people using known donors could not access the same fertility services as women in different-sex relationships. Different-sex couples can have insemination services using fresh sperm. Known donors’ sperm must typically be frozen and quarantined for six months. Insemination using fresh sperm is more effective and less costly.

AB 2356 allows providers to provide insemination services using fresh (unfrozen) sperm to people using known donors. Providers are not required to offer this service, but this law clarifies that they may offer it.