HLS 14RS-813 ORIGINAL
Page 1 of 14
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 187
BY REPRESENTATIVE LOPINTO
CHILDREN: Provides for surrogacy in Louisiana
AN ACT1
To amend and reenact R.S. 40:34(B)(1)(a)(viii), (h)(v), (i), and (j), to enact Chapter 1-C of2
Code Title IV, of Code Book III, of Title 9 of the Louisiana Revised Statutes of3
1950, to be comprised of R.S. 9:2718 through 2720.15, and to repeal R.S. 9:2713,4
relative to surrogacy contracts; to provide for amendments to birth certificates; to5
provide for definitions relative to surrogacy contracts; to provide for genetic6
surrogacy contracts; to provide for the enforceability of gestational surrogacy7
contracts; to provide for the parties to a gestational surrogacy contract; to provide for8
contractual requirements for a gestational surrogacy contract; to provide for a9
proceeding to approve a gestational surrogacy contract; to provide for the check of10
the criminal records of the parties to a gestational surrogacy contract; to provide for11
a pre-embryo transfer order relative to a gestational surrogacy contract; to provide12
for matters relative to multiple attempts at in utero embryo transfer; to provide for13
confidentiality of the proceedings relative to a gestational surrogacy contract; to14
provide for continuing and exclusive jurisdiction to the proceedings relative to a15
gestational surrogacy contract; to provide for the termination of a gestational16
surrogacy contract by notice; to provide for remedies for the failure to perform under17
a gestational surrogacy contract; to provide for the termination of a gestational18
surrogacy contract and for the effects of divorce, nullity, and death on a gestational19
surrogacy contract; to provide for the effect of a subsequent marriage of the20 HLS 14RS-813 ORIGINAL
HB NO. 187
Page 2 of 14
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
gestational carrier on a gestational surrogacy contract; to provide for a post-birth1
order; to provide for DNA testing when the child is alleged not to be the child of the2
intended parents; to provide for time limitations and finality; and to provide for3
related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Chapter 1-C of Code Title IV, of Code Book III, of Title 9 of the6
Louisiana Revised Statutes of 1950, to be comprised of R.S. 9:2718 through 2720.15, is7
hereby enacted to read as follows:8
CHAPTER 1-C SURROGACY CONTRACTS9
PART I. DEFINITIONS10
§2718. Definition of terms11
As used in this Chapter, the following terms shall have the meanings ascribed12
to them in this Section unless otherwise provided for or unless the context otherwise13
indicates:14
(1) "Gamete" means either a sperm or an egg.15
(2) "Genetic surrogacy" means the process by which a woman attempts to16
carry and give birth to a child using her own gametes and either the gametes of a17
person who intends to parent the child or donor gametes, when there is an agreement18
to relinquish the custody of and all rights and obligations to the child.19
(3) "Gestational surrogacy" means the process by which a woman attempts20
to carry and give birth to a child conceived by in vitro fertilization using the gametes21
of the intended parents and to which the gestational carrier has made no genetic22
contribution.23
(4) "Gestational carrier" means a woman who agrees to engage in a24
gestational surrogacy.25
(5) "In utero embryo transfer" means the medical procedure whereby the26
genetic mother's egg is fertilized with the sperm of the genetic father, with the27
resulting embryo transferred into the uterus of the gestational carrier.28 HLS 14RS-813 ORIGINAL
HB NO. 187
Page 3 of 14
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(6) "Intended parents" means married persons who contribute their gametes1
to be used in assisted reproduction, and who enter into an enforceable gestational2
surrogacy contract, as defined in this Chapter, with a gestational carrier pursuant to3
which they will be the legal parents of the child resulting from that assisted4
reproduction.5
PART II. GENETIC SURROGACY6
§2713. 2719. Contract for surrogate motherhood genetic surrogacy; nullity7
A. A contract for surrogate motherhood as defined herein genetic surrogacy8
shall be absolutely null and shall be void and unenforceable as contrary to public9
policy.10
B. "Contract for surrogate motherhood" means any agreement whereby a11
person not married to the contributor of the sperm agrees for valuable consideration12
to be inseminated, to carry any resulting fetus to birth, and then to relinquish to the13
contributor of the sperm the custody and all rights and obligations to the child.14
PART III. GESTATIONAL SURROGACY15
§2720. Enforceability of gestational surrogacy contract16
A. In accordance with the requirements of this Part, a gestational carrier, her17
spouse if she is married, and the intended parents may enter into a written contract,18
known as a gestational surrogacy contract.19
B. A gestational surrogacy contract is enforceable only if approved by a20
court in advance of in utero embryo transfer, as provided in this Part.21
§2720.1. Parties to a gestational surrogacy contract22
A gestational carrier shall, at the time the gestational surrogacy contract is23
executed:24
(1) Be at least twenty-five years of age.25
(2) Have given birth to at least one child.26
§2720.2. Contractual requirements27
A. In an enforceable gestational surrogacy contract, the gestational carrier28
shall:29 HLS 14RS-813 ORIGINAL
HB NO. 187
Page 4 of 14
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(1) Agree to become pregnant by means of in utero embryo transfer, using1
the gametes of the intended parents, and to give birth to the resulting child.2
(2) Agree to submit to reasonable medical evaluation and treatment during3
the term of the pregnancy, to adhere to reasonable medical instructions about4
prenatal health, and to execute medical records releases under R.S. 40:1299.96 in5
favor of the intended parents.6
(3) Certify that she has undergone at least two counseling sessions, separated7
by at least thirty days, with a licensed clinical social worker, licensed psychologist,8
medical psychologist, licensed psychiatrist, or licensed counselor, to discuss the9
proposed surrogacy.10
(4) Agree, along with her spouse if she is married, to relinquish all rights and11
duties as the parents of a child born as a result of in utero embryo transfer.12
B. In an enforceable gestational surrogacy contract, the intended parents13
shall:14
(1) Acknowledge that the gestational carrier has sole authority with respect15
to medical decision-making during the term of the pregnancy consistent with the16
rights of a pregnant woman carrying her own biological child.17
(2) Agree to accept custody of and to assume full parental rights and18
responsibilities for the child immediately upon the child's birth, regardless of any19
impairment of the child.20
(3) Be recognized as the legal parents of the child.21
C. The parties shall agree upon a preliminary estimate of reasonable22
expenses and their allocation in accordance with R.S. 9:2720.5.23
§2720.3. Proceeding to approve surrogacy contract24
A. Prior to in utero embryo transfer, the intended parents or the gestational25
carrier and her husband, if she is married, may initiate a summary proceeding in the26
court exercising jurisdiction over the adoption of minors where the intended parents27
or the gestational carrier reside, seeking to have the court approve a gestational28
surrogacy contract.29 HLS 14RS-813 ORIGINAL
HB NO. 187
Page 5 of 14
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
B. A proceeding to approve a gestational surrogacy contract shall be1
maintained only if:2
(1) The gestational carrier and the intended parents have been domiciled in3
this State for at least one hundred eighty days.4
(2) The intended parents, the gestational carrier, and her spouse, if she is5
married, are all parties to the proceeding.6
(3) A copy of the proposed gestational surrogacy contract is attached to the7
motion.8
(4) An independent board certified physician in obstetrics and gynecology9
or in reproductive endocrinology, not affiliated with a surrogacy agency, deems the10
use of a gestational carrier medically necessary to assist in reproduction.11
§2720.4. Institution of records check12
A. Upon the initiation of the summary proceeding, the court shall:13
(1) Order and be entitled to the criminal history record and identification files14
of the Louisiana Bureau of Criminal Identification and Information on each of the15
intended parents and the gestational carrier and her spouse, if she is married, as a16
means of performing background checks on those individuals. The bureau shall,17
upon request and after receipt of fingerprint cards and other identifying information18
from the court, make available to the court information contained in the bureau's19
criminal history record and identification files, which pertains to each of the intended20
parents and the gestational carrier and her spouse, if she is married. In addition, in21
order to determine an applicant's suitability, the fingerprints shall be forwarded by22
the bureau to the Federal Bureau of Investigation for a national criminal history23
record check. The bureau shall charge a processing fee as provided in R.S.24
15:587(B)(1).25
(2) Order that the Department of Children and Family Services conduct a26
records check for validated complaints of child abuse or neglect in this or any other27
state in which either of the intended parents and the gestational carrier and her28
spouse, if she is married, has been domiciled since becoming a major.29 HLS 14RS-813 ORIGINAL
HB NO. 187
Page 6 of 14
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(3) Order that the Judicial Administrator's Office of the Louisiana Supreme1
Court conduct a records check for court orders entered into the Louisiana Protective2
Order Registry involving each of the intended parents and the gestational carrier and3
her spouse, if she is married.4
B. Each order shall state the full name, date of birth, social security number,5
and former and current state of domicile since becoming a major of each subject of6
the check.7
C. The sheriff or the office of state police, Louisiana Bureau of Criminal8
Identification and Information, the Department of Children and Family Services, and9
the Judicial Administrator's Office of the Louisiana Supreme Court shall accord10
priority to these orders and shall provide a certificate to the court indicating all11
information discovered, or that no information has been found.12
§2720.5. Pre-Embryo Transfer Order13
A. Within sixty days of the initiation of a proceeding to approve a gestational14
surrogacy contract, the court shall set the matter for hearing, and after the hearing15
may issue an order, known as the Pre-Embryo Transfer Order, approving the16
gestational surrogacy contract and declaring that the intended parents shall be17
recognized as the legal parents of a child born pursuant to the gestational surrogacy18
contract.19
B. The court shall issue a Pre-Embryo Transfer Order upon finding that:20
(1) The requirements of R.S. 9:2720-2720.3 have been satisfied and the21
reports of criminal records, validated complaints of child abuse or neglect, and22
Louisiana Protective Order Registry checks show that there is no risk of harm to the23
child.24
(2) Provisions have been made for all reasonable health care and legal25
expenses associated with the gestational surrogacy contract until the birth of the26
child, including responsibility for those expenses if the contract is terminated.27
(3) The gestational carrier will receive no compensation other than:28 HLS 14RS-813 ORIGINAL
HB NO. 187
Page 7 of 14
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(a) Reasonable medical expenses, including hospital, testing, nursing,1
midwifery, pharmaceutical, travel, or other similar expenses, incurred by the2
gestational carrier for prenatal care and those medical and hospital expenses incurred3
incident to the birth.4
(b) Reasonable expenses incurred for mental health counseling services5
provided to the gestational carrier prior to the birth and up to six months after birth.6
(c) Reasonable living expenses incurred by the gestational carrier before the7
birth of the child and for no more than sixty days after the birth.8
(d) Reasonable travel costs related to the pregnancy and delivery, court costs,9
and attorney fees incurred by the gestational carrier.10
(4) The parties understand the contract and give free consent.11
§2720.6. Multiple embryo transfer attempts12
If there are multiple attempts at in utero embryo transfer, the gestational13
surrogacy contract and the Pre-Embryo Transfer Order shall continue in full force14
and effect in accordance with the parties' agreement until terminated under R.S.15
9:2720.9 or 2720.11, or until a live birth occurs pursuant to the gestational surrogacy16
contract.17
§2720.7. Confidentiality18
All proceedings governed by this Chapter shall be heard by the judge in19
chambers or in a closed hearing, and no one shall be admitted to the hearings except20
the parties in interest, their attorneys, and officers of the court. The court, in its21
discretion, may grant the request of a petitioner to permit others to be present at the22
hearing. The court records of these proceedings and the identities of the parties to23
a gestational surrogacy contract shall be sealed and are subject to disclosure, release24
or inspection only upon application to the court and in conformity with the25
applicable requirements of confidentiality applicable to adoptions in the Children's26
Code.27 HLS 14RS-813 ORIGINAL
HB NO. 187
Page 8 of 14
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
§2720.8. Continuing and exclusive jurisdiction1
Subject to the jurisdictional requirements of the Uniform Child Custody2
Jurisdiction and Enforcement Act, the court having jurisdiction over the proceeding3
to approve a gestational surrogacy contract pursuant to this Part shall have exclusive,4
continuing jurisdiction of all matters arising out of the gestational surrogacy contract.5
§2720.9. Termination of contract by notice6
A. Before each in utero embryo transfer, the gestational carrier or either of7
the intended parents may terminate the gestational surrogacy contract by filing a8
motion with the court giving notice of termination and serving all other parties with9
the motion. Upon filing of the motion, the court shall issue an order vacating the Pre-10
Embryo Transfer Order.11
B. Neither a gestational carrier nor her spouse, if she is married, is liable to12
the intended parents for terminating a gestational surrogacy contract pursuant to this13
Section.14
C. Absent timely notice of termination by an intended parent or the15
gestational carrier, no court shall terminate a gestational surrogacy contract after16
issuance of a valid Pre-Embryo Transfer Order except for good cause shown after17
a hearing. No court shall terminate a gestational surrogacy contract after a successful18
in utero embryo transfer.19
§2720.10. Remedies20
After in utero embryo transfer, a failure to perform under the gestational21
surrogacy contract does not give rise to the right to dissolution. The parties' rights22
and responsibilities are otherwise governed by the rules of the Titles on Obligations23
in General and Conventional Obligations or Contracts.24
§2720.11. Termination of contract and effects of divorce, nullity, death25
A judgment of divorce or judicial declaration of nullity of a marriage between26
the intended parents, entered before in utero embryo transfer, terminates the27
gestational surrogacy contract. Upon the filing of a motion notifying the court of the28
judgment of divorce or declaration of nullity, the court shall issue an order vacating29 HLS 14RS-813 ORIGINAL
HB NO. 187
Page 9 of 14
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
the Pre-Embryo Transfer Order. If an intended parent dies before in utero embryo1
transfer, the deceased individual is not a parent of the resulting child unless the child2
was born within three years of the death of the decedent and the deceased agreed in3
writing that if the in utero embryo transfer were to occur after death, the deceased4
individual would be a parent of the child and that the child would have all rights,5
including the capacity to inherit from the decedent.6
§2720.12. Effect of subsequent marriage7
After the issuance of a Pre-Embryo Transfer Order, subsequent marriage of8
the gestational carrier does not affect the validity of a gestational surrogacy contract.9
The consent of the spouse is not required, and he is not a presumed father of the10
resulting child, notwithstanding any legal presumption to the contrary.11
§2720.13. Post-Birth Order12
A. Upon birth of a child to a gestational carrier within three hundred days13
after in utero embryo transfer, the intended parents or their successors, the14
gestational carrier, or her spouse shall file a motion requesting issuance of a15
Post-Birth Order. The motion shall be accompanied by a certified copy of the child's16
original birth certificate and an affidavit executed by the intended parents containing17
an accounting of fees and charges paid or agreed to be paid by or on behalf of the18
intended parents in connection with the gestational surrogacy contract.19
B. If neither the intended parents, their successors, the gestational carrier, or20
her spouse file the motion described in Subsection A of this Section, the Department21
of Children and Family Services may file a motion notifying the court that a child22
has been born to the gestational carrier within three hundred days after in utero23
embryo transfer and the court shall set the motion for hearing.24
C. The court may order a hearing and, after finding that the parties have25
complied with this Part, shall issue a Post-Birth Order:26
(1) Confirming that the intended parents are the legal parents of the child and27
are financially responsible for the child.28 HLS 14RS-813 ORIGINAL
HB NO. 187
Page 10 of 14
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(2) If necessary, ordering that the child be surrendered to the intended1
parents.2
(3) Directing that a new birth certificate be created and that the intended3
parents be listed on the birth certificate as the parents of the child pursuant to R.S.4
40:32 et seq., and that the original birth certificate be sealed and subject to release5
or inspection only upon application to the court for good cause shown.6
§2720.14. DNA testing7
If the child is alleged not to be the child of the intended parents, supported8
by a sworn affidavit alleging specific facts which either tend to prove or deny9
filiation, the court shall order genetic testing to determine the parentage of the child.10
If the court finds after a contradictory hearing that the child is the genetic child of the11
carrier, the court shall issue an order recognizing her as a legal parent of the child.12
If any party refuses to submit to such tests, the court may resolve the question of13
filiation against such party or enforce its order if the rights of others and the interests14
of justice so require.15
§2720.15. Finality; time limitations16
A. A party to the gestational surrogacy contract may bring an action to annul17
a Post-Birth Order. However, except as otherwise provided in this Part, no action18
to annul a Post-Birth Order may be brought except on the grounds of fraud or duress.19
B. An action to annul a Post-Birth Order based upon a claim of fraud or20
duress perpetrated by:21
(1) Anyone other than an intended parent shall be brought within one year22
from the date of the signing of the final decree or mailing of the notice of the23
judgment when required.24
(2) An intended parent shall be brought within two years from the date of the25
signing of the final decree or mailing of the notice of the judgment when required.26
Section 2. R.S. 40:34(B)(1)(a)(viii), (h)(v), (i), and (j) are hereby amended and27
reenacted to read as follows:28 HLS 14RS-813 ORIGINAL
HB NO. 187
Page 11 of 14
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
§34. Vital records forms1
* * *2
B. The forms shall be printed and supplied or provided by electronic means3
by the state registrar and the required contents are:4
(1) Contents of birth certificate. The certificate of birth shall contain, as a5
minimum, the following items:6
(a) Full name of child.7
* * *8
(viii) In the case of a child born of a surrogate birth parent who is related by9
blood or affinity to a biological parent, as a result of an enforceable gestational10
surrogacy contract, as defined in R.S. 9:2720, the surname of the child's biological11
parents shall be the surname of the child.12
* * *13
(h)14
* * *15
(v) In the case of a child born of a surrogate birth parent who is related by16
blood or affinity to a biological parent, as a result of an enforceable gestational17
surrogacy contract, as defined in R.S. 9:2720, the full name of the biological parent18
father who is proven to be the father by DNA testing shall be listed as the father.19
(i) Maiden name of mother; however, if the child was born of a surrogate20
birth parent who is related by blood or affinity to a biological parent, as a result of21
an enforceable gestational surrogacy contract, as defined in R.S. 9:2720, the maiden22
name of the biological parent mother who is proven to be the mother by DNA testing23
shall be listed as the mother and the name of the surrogate birth parent is not24
required.25
(j) In the case of a child born of a surrogate birth parent who is related by26
blood or affinity to a biological parent, as a result of an enforceable gestational27
surrogacy contract, as defined in R.S. 9:2720, the biological parents proven to be the28
mother and father by DNA testing shall be considered the parents of the child. 29 HLS 14RS-813 ORIGINAL
HB NO. 187
Page 12 of 14
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Section 3. R.S. 9:2713 is hereby repealed.1
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Lopinto HB No. 187
Abstract: Prohibits genetic surrogacy contracts and provides for the enforceability of
gestational surrogacy contracts.
Present law provides that a contract for surrogate motherhood shall be absolutely null and
shall be void and unenforceable as contrary to public policy. Present law provides that
"Contract for surrogate motherhood" means any agreement whereby a person not married
to the contributor of the sperm agrees for valuable consideration to be inseminated, to carry
any resulting fetus to birth, and then to relinquish to the contributor of the sperm the custody
and all rights and obligations to the child.
Proposed law (R.S. 9:2718) defines the following terms: "gamete", "genetic surrogacy",
"gestational surrogacy", "gestational carrier", "in utero embryo transfer", and "intended
parents".
Proposed law (R.S. 9:2719) provides that a contract for genetic surrogacy shall be absolutely
null.
Proposed law (R.S. 9:2720) provides that a gestational surrogacy contract is only enforceable
if approved by a court before in utero implantation.
Proposed law (R.S. 9:2720.1) requires a gestational surrogate to be at least 25 years of age
and to have already given birth to at least one child at the time the gestational surrogacy
contract is executed.
Proposed law (R.S. 9:2720.2) requires the gestational surrogate to do the following in a
gestational surrogacy contract:
(1)Agree to become pregnant by in utero implantation, using the gametes of the
intended parents, and give birth to the resulting child.
(2)Agree to submit to reasonable medical testing and instructions regarding prenatal
health and to execute a medical records release in favor of the intended parents.
(3)Certify that she has attended at least two counseling sessions, separated by at least
30 days, with a mental health professional.
(4)Agree to relinquish all rights of the child born as a result of the in utero implantation.
If the surrogate is married, her spouse must also relinquish all rights.
Proposed law further requires the intended parents to do the following in a gestational
surrogacy contract:
(1)Acknowledge that the gestational surrogate has sole authority with respect to medical
decision making during the pregnancy. HLS 14RS-813 ORIGINAL
HB NO. 187
Page 13 of 14
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(2)Agree to accept custody and full parental rights of the child, regardless of any
impairment of the child.
(3)Be recognized as the legal parents of the child.
Proposed law requires the parties to agree on a preliminary estimate of reasonable expenses.
Proposed law (R.S. 9:2720.3) allows the parties to the gestational surrogacy contract to seek
court approval of a gestational surrogacy contract before in utero implantation by initiating
a summary proceeding in the court exercising jurisdiction over adoptions where the intended
parents or gestational surrogate reside.
Proposed law (R.S. 9:2720.4) requires the court to order background checks on each of the
intended parents, the gestational surrogate, and her spouse, if married.
Proposed law (R.S. 9:2720.5) requires the court to set a hearing within 60 days of the
initiation of a proceeding to approve a gestational surrogacy contract, and requires the court
to issue a Pre-Implantation Order approving the gestational surrogacy contract upon finding
the following:
(1)All requirements of proposed law regarding gestational surrogacy contracts have
been satisfied and that the background checks show there is no risk of harm to the
child.
(2)Provisions have been made for all reasonable health care and legal expenses
associated with the gestational surrogacy contract.
(3)The gestational surrogate will only be compensated for reasonable medical expenses,
mental health counseling expenses, reasonable living expenses during the pregnancy
and not to exceed six months after the birth of the child, and reasonable travel costs.
(4)The parties understand the contract and give free consent.
Proposed law (R.S. 9:2720.6) provides that the gestational surrogacy contract and the Pre-
Implantation Order shall remain in full force and effect in accordance with the parties
agreement or until a live birth occurs when there are multiple attempts at in utero
implantation.
Proposed law (R.S. 9:2720.7) requires all proceedings and court records relative to the
gestational surrogacy contract be held and maintained confidentially.
Proposed law (R.S. 9:2720.8) provides for the continuing and exclusive jurisdiction of the
court approving a gestational surrogacy contract for matters relative to a gestational
surrogacy contract.
Proposed law (R.S. 9:2720.9) allows the intended parents or the gestational surrogate to
terminate a gestational surrogacy contract before in utero implantation by filing notice of
termination with the court and serving all parties. Further provides that neither a gestational
surrogate, nor her spouse, is liable to the intended parents for terminating a gestational
surrogacy contract. Also prohibits the court from terminating a gestational surrogacy
contract after issuing a valid Pre-Implantation order, except for good cause, or after a
successful in utero implantation.
Proposed law (R.S. 9:2720.10) provides for remedies for the failure to perform under a
gestational surrogacy contract.
Proposed law (R.S. 9:2720.11) requires the court to issue an order vacating the Pre-
Implantation order when a judgment of divorce or judicial declaration of nullity of a HLS 14RS-813 ORIGINAL
HB NO. 187
Page 14 of 14
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
marriage between the intended parents is entered before in utero implantation. Further
provides that an intended parent who dies before in utero implantation is considered a parent
of a resulting child only when the child is born within three years of the death of the intended
parent and the deceased agreed in writing that the deceased would be a parent of the child
if the in utero implantation occurred after death.
Proposed law (R.S. 9:2720.12) provides that the subsequent marriage of the gestational
surrogate has no effect on the validity of a gestational surrogacy contract.
Proposed law (R.S. 9:2720.13) requires the intended parents or the gestational surrogate to
file a motion requesting issuance of a Post-Birth Order upon birth of a child within 300 days
of in utero implantation. Authorizes DCFS to file the motion if the parties fail to do so.
Proposed law requires the court to issue a Post-Birth Order, after finding the parties have
complied with the requirements of proposed law, which shall contain the following:
(1)Confirmation that the intended parents are the legal parents.
(2)An order that the child be surrendered to the intended parents.
(3)An order for the creation of a new birth certificate listing the intended parents as the
parents of the child and for the original birth certificate to be sealed.
Proposed law (R.S. 9:2720.14) provides for DNA testing when the child is alleged not to be
the child of the intended parents.
Proposed law (R.S. 9:2720.15) restricts the basis of annulment of a Post-Birth Order to
allegations of fraud and duress. Requires an action to annul be brought within one year from
the date of the signing of the final decree or mailing of the notice of judgment when it is
alleged that someone other than the intended parents perpetrated the fraud or duress, or two
years from the date of signing if an intended parent is alleged to have perpetrated the fraud
or duress.
Present law provides for the surname of the child, the name of the father, and the name of
the mother when a child is born of a surrogate birth parent. Further limits a surrogate birth
parent to one who "is related by blood or affinity to a biological parent".
Proposed law retains present law except that it eliminates the provision limiting a surrogate
birth parent to one who "is related by blood or affinity to a biological parent" and makes
changes consistent with proposed law.
Present law prohibits a "contract for surrogate motherhood" defined as any agreement
whereby a person not married to the contributor of the sperm agrees for valuable
consideration to be inseminated, to carry any resulting fetus to birth, and then to relinquish
to the contributor of the sperm the custody and all rights and obligations to the child.
Proposed law repeals present law.
Effective August 1, 2014.
(Amends R.S. 40:34(B)(1)(a)(viii), (h)(v), (i), and (j); Adds R.S. 9:2718 – 2720.15; Repeals
R.S. 9:2713)