The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Julie J. Baxter.
DIGEST
Ward (SB 521)
Proposed law provides for legislative intent and penalties related to commercial surrogacy.
Proposed law provides that the legislature finds that the practice of allowing brokers of the
commercial surrogacy industry to exploit women who are experiencing financial need is against
public policy.
Proposed law provides that it shall be unlawful for a broker or any other person to offer or give
money or anything of value, or to advertise for the offering or giving of money or anything of
value, to any woman or to any person acting on a woman's behalf, in return for an agreement that
the woman will undergo pregnancy or abortion incidental to genetic or gestational surrogacy.
Proposed law provides that the payment of money or anything of value for the procurement,
attempted procurement, or assistance in the procurement of a party to an act of voluntary
surrender of a child pursuant to a genetic or gestational surrogacy contract is prohibited.
Proposed law provides that no broker, attorney or other intermediary acting on a person's behalf
shall make or agree to make any disbursements of money or anything of value related to any
genetic or gestational surrogacy contract or subsequent surrender of a child to the intended
parents, except for:
(1)Reimbursement for any hospital and medical bills incurred by the genetic or gestational
surrogate as a result of any medical complications incident to the pregnancy, miscarriage,
abortion or childbirth related to a genetic or gestational surrogacy agreement, as well as
for health complications resulting from the drugs administered to prepare the gestational
surrogate's body for the in utero embryo transfer or from the surgical procedures
necessary for the in utero embryo transfer.
(2)Payment to the woman or her heirs of a judicially sanctioned settlement or judgment to
compensate for damages resulting from the medical complications or death of the woman
incidental to a genetic or gestational surrogacy.
Proposed law provides for the following definitions:
(1)"Abortion" means the procedure defined in present law.
(2)"Broker" means a person who solicits or negotiates a genetic or gestational surrogacy
agreement on behalf of an intended parent or intended parents for a fee, commission or
other monetary compensation to obtain the services of a surrogate. (3)"Gamete" means either a sperm or an egg.
(4)"Genetic surrogacy" means the process by which a woman attempts to carry and give
birth to a child using her own gametes and either the gametes of a person who intends to
parent the child or donor gametes, when there is an agreement to relinquish the custody
of, and all rights and obligations to, the child.
(5)"Gestational surrogacy" means the process by which a woman undergoes the
pharmaceutical and other medical processes related to an attempt to prepare her body for
the in utero embryo transfer and subsequent birth of a child conceived using the gametes
of the parent or intended parents and to whom the gestational surrogate has made no
genetic contribution.
(6)"In utero embryo transfer" means the medical procedure whereby the genetic mother's egg
is fertilized with the sperm of the genetic father, with the resulting embryo transferred
into the uterus of the gestational surrogate.
(7)"Intended parent" means a person who contributes their gamete or gametes to be used in
assisted reproduction, and who enters into an agreement with a genetic or gestational
surrogate pursuant to which the person or persons will be the legal parent or parents of
the child resulting from that assisted reproduction.
(8)"Surrogate" means a woman who undergoes the process of genetic or gestational
surrogacy.
Proposed law provides that whoever violates the provisions of proposed law shall be subject to
the penalties provided in present law.
Proposed law provides that nothing in proposed law shall be construed to affect conduct relating
to in vitro fertilization for the purpose of initiating a pregnancy of a woman using her own
gametes and the gametes of her husband.
Proposed law provides that nothing in proposed law shall be construed to give legal recognition
to any oral or written contract for surrogacy.
Effective August 1, 2014.
(Adds R.S. 40:1299.36.1)