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words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 521
BY SENATOR WARD
CHILDREN. Provides relative to commercial surrogacy. (8/1/14)
AN ACT1
To enact R.S.40:1299.36.1, relative to commercial surrogacy; to provide for certain2
prohibitions, definitions, and penalties; and to provide for related matters.3
Be it enacted by the Legislature of Louisiana:4
Section 1. R.S. 40:1299.36.1 is hereby enacted to read as follows:5
ยง1299.36.1 Commercial surrogacy; brokers; legislative intent; penalties6
A. The legislature finds that the practice of allowing brokers of the7
commercial surrogacy industry to exploit women who are experiencing financial8
need is against public policy.9
B. It shall be unlawful for a broker or any other person to offer or give10
money or anything of value, or to advertise for the offering or giving of money11
or anything of value, to any woman or to any person acting on a woman's12
behalf, in return for an agreement that the woman will undergo pregnancy or13
abortion incidental to genetic or gestational surrogacy.14
C. The payment of money or anything of value for the procurement,15
attempted procurement, or assistance in the procurement of a party to an act16
of voluntary surrender of a child pursuant to a genetic or gestational surrogacy17 SB NO. 521
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contract is prohibited.1
D. No broker, attorney or other intermediary acting on a person's behalf2
shall make or agree to make any disbursements of money or anything of value3
related to any genetic or gestational surrogacy contract or subsequent4
surrender of a child to the intended parents, except for:5
(1) Reimbursement for any hospital and medical bills incurred by the6
genetic or gestational surrogate as a result of any medical complications7
incident to the pregnancy, miscarriage, abortion or childbirth related to a8
genetic or gestational surrogacy agreement, as well as for health complications9
resulting from the drugs administered to prepare the gestational surrogate's10
body for the in utero embryo transfer or from the surgical procedures necessary11
for the in utero embryo transfer.12
(2) Payment to the woman or her heirs of a judicially sanctioned13
settlement or judgment to compensate for damages resulting from the medical14
complications or death of the woman incidental to a genetic or gestational15
surrogacy.16
E. For the purposes of this Section:17
(1) "Abortion" means the procedure defined in R.S. 40:1299.35.1.18
(2) "Broker" means a person who solicits or negotiates a genetic or19
gestational surrogacy agreement on behalf of an intended parent or intended20
parents for a fee, commission or other monetary compensation to obtain the21
services of a surrogate by payment of the surrogate's putative living expenses.22
(3) "Gamete" means either a sperm or an egg.23
(4) "Genetic surrogacy" means the process by which a woman attempts24
to carry and give birth to a child using her own gametes and either the gametes25
of a person who intends to parent the child or donor gametes, when there is an26
agreement to relinquish the custody of, and all rights and obligations to, the27
child.28
(5) Gestational surrogacy" means the process by which a woman29
undergoes the pharmaceutical and other medical processes related to an30 SB NO. 521
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attempt to prepare her body for the in utero embryo transfer and subsequent1
birth of a child conceived using the gametes of the parent or intended parents2
and to whom the gestational surrogate has made no genetic contribution.3
(6) "In utero embryo transfer" means the medical procedure whereby4
the genetic mother's egg is fertilized with the sperm of the genetic father, with5
the resulting embryo transferred into the uterus of the gestational surrogate.6
(7) "Intended parent" means a person who contributes their gamete or7
gametes to be used in assisted reproduction, and who enters into an agreement8
with a genetic or gestational surrogate pursuant to which the person or persons9
will be the legal parent or parents of the child resulting from that assisted10
reproduction.11
(8) "Surrogate" means a woman who undergoes the process of genetic12
or gestational surrogacy.13
F. Whoever violates the provisions of this Section shall be subject to the14
penalties provided in R.S. 14:286.15
G. Nothing in this Section shall be construed to affect conduct relating16
to in vitro fertilization for the purpose of initiating a pregnancy of a woman17
using her own gametes and the gametes of her husband.18
H. Nothing in this Section shall be construed to give legal recognition to19
any oral or written contract for surrogacy.20
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. SB NO. 521
SLS 14RS-806 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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. SB NO. 521
SLS 14RS-806 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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)