HLS 16RS-583 ENGROSSED
2016 Regular Session
HOUSE BILL NO. 150
BY REPRESENTATIVE TALBOT
SUCCESSION/FORCED HEIRS: Provides relative to children conceived through gamete
donation
1 AN ACT
2To amend and reenact R.S. 9:133 and to enact Civil Code Article 1493.1, relative to forced
3 heirship; to provide relative to children conceived through gamete donation; to
4 provide relative to inheritance rights; to provide for exceptions; and to provide for
5 related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. Civil Code Article 1493.1 is hereby enacted to read as follows:
8 Art. 1493.1. Children conceived through donation of gametes
9 Any child conceived from the use of gametes donated by an individual shall
10 not be deemed a forced heir of that individual, unless the individual would be an
11 ascendant of first degree notwithstanding the donation of genetic material through
12 an in vitro fertilization process.
13 Section 2. R.S. 9:133 is hereby amended and reenacted to read as follows:
14 ยง133. Inheritance rights
15 Inheritance rights will not flow to the in vitro fertilized ovum as a juridical
16 person, unless the in vitro fertilized ovum develops into an unborn child that is born
17 in a live birth, or at any other time when rights attach to an unborn child in
18 accordance with law. As a juridical person, the embryo or child born as a result of
19 in vitro fertilization and in vitro fertilized ovum donation to another couple does not
20 retain its inheritance rights from the in vitro fertilization patients or the donors of the
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-583 ENGROSSED
HB NO. 150
1 gametes used in the in vitro fertilization process, unless the donor would be a person
2 from whom the child could inherit under existing law notwithstanding the in vitro
3 fertilization process.
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)]
HB 150 Engrossed 2016 Regular Session Talbot
Abstract: Provides that children conceived through donated gametes shall not inherit nor
be forced heirs of the individual donors, and provides for exceptions.
Present law provides that as a juridical person, an embryo or child born as a result of in vitro
fertilization and in vitro fertilization ovum donation does not retain any inheritance rights
from the in vitro fertilization patients.
Proposed law retains present law and provides that a child conceived by gametes donated
shall not be a forced heir of or inherit from the individual donors of the gametes used in the
in vitro fertilization process, unless the donor would be a person from whom the child could
inherit under existing law notwithstanding the in vitro fertilization process.
(Amends R.S. 9:133; Adds C.C. Art. 1493.1)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the original bill:
1. Provides an exception to proposed law when the donor is a person from whom
the child could inherit under present law.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.