California Codes

Cal. Penal Code § 367g (2026)

✓ current as of May 2026

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(a)It shall be unlawful for anyone to knowingly use sperm, ova, or embryos in assisted reproduction technology, for any purpose other than that indicated by the sperm, ova, or embryo provider’s signature on a written consent form.

(b)It shall be unlawful for anyone to knowingly implant sperm, ova, or embryos, through the use of assisted reproduction technology, into a recipient who is not the sperm, ova, or embryo provider, without the signed written consent of the sperm, ova, or embryo provider and recipient.

(c) Any person who violates this section shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for three, four, or five years, by a fine not to exceed fifty thousand dollars ($50,000), or by both that fine and imprisonment.

(d)Written consent, for the purposes of this section, shall not be required of men who donate sperm to a licensed tissue bank.

Notes of Decisions

Cited in 2 cases (2 in the last 5 years), 2022–2025 · leading case: Vergara v. Loeb CA2/5 (Cal. Ct. App. 2022).

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Vergara v. Loeb CA2/5 (Cal. Ct. App. 2022). “Loeb’s proposed remedy—permitting him to void the Form Directive—would also place the parties here at risk of violating Penal Code section 367g, subdivision (b), which makes it unlawful for anyone to knowingly implant an embryo without the signed written consent of both the…”

Bert Miller & Nancy Duffner v. State of Iowa (Iowa 2025). “§ 16–118–117 (2021); Cal. Penal Code § 367g (West 2011); Colo.”

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