HLS 14RS-1340 ORIGINAL
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Regular Session, 2014
HOUSE BILL NO. 718
BY REPRESENTATIVE HODGES
CRIME: Creates the crime of enticing a minor into surrogacy
AN ACT1
To enact R.S. 14:287, relative to the crime of enticing a minor into surrogacy; to provide for2
the elements of the crime; to provide for definitions; to provide for penalties and3
enhancements; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 14:287 is hereby enacted to read as follows: 6
ยง287. Enticing a minor into surrogacy7
A. Enticing a minor into surrogacy is committed when any person over the8
age of seventeen years entices, places, persuades, encourages, or causes the entrance9
of any female under the age of eighteen years into surrogacy, either by force, threats,10
promises, or by any other device or scheme.11
B.(1) The following shall not be a defense to a prosecution pursuant to the12
provisions of this Section:13
(a) That the minor consented.14
(b) That the minor received something of value in exchange for her15
participation.16
(2) Lack of knowledge of the minor's age shall not be a defense.17
C. As used in this Section, "surrogacy" shall mean the process by which a18
female attempts to carry and give birth to a child under any of the following19
circumstances:20 HLS 14RS-1340 ORIGINAL
HB NO. 718
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are additions.
(1) By using her own gametes and either the gametes of a person who is not1
her husband who intends to parent the child or donor gametes, when there is an2
agreement to relinquish custody of and all rights and obligations to the child.3
(2) That was conceived by in vitro fertilization using the gametes of the4
intended parents or donor gametes and to which the female who is carrying the5
unborn child has made no genetic contribution.6
B.(1) Whoever commits the crime of enticing a minor into surrogacy shall7
be fined not more than five thousand dollars, imprisoned at hard labor for not more8
than five years, or both.9
(2) Whoever commits the crime of enticing a minor into surrogacy when the10
person being enticed into surrogacy is under the age of sixteen years shall be fined11
not more than fifty thousand dollars, imprisoned at hard labor for not less than fifteen12
years nor more than forty years, or both.13
(3) Whoever commits the crime of enticing a minor into surrogacy when the14
person being enticed into surrogacy is under the age of fourteen years shall be fined15
not more than seventy-five thousand dollars, imprisoned at hard labor for not less16
than twenty years nor more than fifty years, or both.17
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)]
Hodges HB No. 718
Abstract: Creates the crime of enticing a minor into surrogacy.
Proposed law creates the crime of enticing a minor into surrogacy and defines surrogacy as
the process by which a female attempts to carry and give birth to a child either by using her
own genetic material and that of a man to whom she is not married, when she has agreed to
relinquish all rights to the child, or that was conceived by in vitro fertilization using genetic
material provided by the intended parents or donor gametes.
Proposed law provides for the following penalties:
(1)A fine of not more than $5,000, imprisonment at hard labor for not more than five
years, or both.
(2)A fine of not more than $50,000, imprisonment at hard labor for not less than 15
years nor more than 40 years, or both, when the minor is under the age of 16. HLS 14RS-1340 ORIGINAL
HB NO. 718
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are additions.
(3)A fine of not more than $75,000, imprisonment at hard labor for not less than 20
years nor more than 50 years, or both, when the minor is under the age of 14.
(Adds R.S. 14:287)