HLS 24RS-1495 ORIGINAL
2024 Regular Session
HOUSE BILL NO. 833
BY REPRESENTATIVES DAVIS, BOYD, MANDIE LANDRY, AND NEWELL
CIVIL/LAW: Provides relative to in vitro fertilization
1 AN ACT
2To amend and reenact R.S. 9:121, 124, 126, 128, 129, and 132, relative to in vitro
3 fertilization; to provide a definition; to provide classification; to establish viability
4 of an in vitro fertilized human ovum; to provide qualifications; to provide immunity
5 from civil liability and criminal prosecution; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 9:121, 124, 126, 128, 129, and 132 are hereby amended and
8reenacted to read as follows:
9 §121. Human embryo; definition
10 A "human embryo" for the purposes of this Chapter is an in vitro fertilized
11 human ovum, with certain rights granted by law, composed of one or more living
12 human cells and human genetic material so unified and organized that it will may
13 develop in utero into an unborn child.
14 * * *
15 §124. Legal status Identification and confidentiality
16 As a juridical person, the in vitro fertilized human ovum shall be given an
17 identification by the medical facility for use within the medical facility which entitles
18 such ovum to sue or be sued. The confidentiality of the in vitro fertilization patient
19 fertilized ovum and the patients from which it came shall be maintained.
20 * * *
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HB NO. 833
1 §126. Ownership
2 An in vitro fertilized human ovum is a represents the potential for
3 development into a biological human being which is under control of the patient and
4 is not the property of the physician which who acts as an agent of fertilization, or the
5 facility which employs him or the donors of the sperm and ovum. If the in vitro
6 fertilization patients express their identity, then their rights as parents as provided
7 under the Louisiana Civil Code will be preserved. If the in vitro fertilization patients
8 fail to express their identity, then the physician shall be deemed to be temporary
9 guardian of the in vitro fertilized human ovum until adoptive implantation can occur.
10 A court in the parish where the in vitro fertilized ovum is located may appoint a
11 curator, upon motion of the in vitro fertilization patients, their heirs, or physicians
12 who caused in vitro fertilization to be performed, to protect the in vitro fertilized
13 human ovum's rights.
14 * * *
15 §128. Qualifications
16 Only medical facilities meeting the standards of the American Fertility
17 Society American Society for Reproductive Medicine and the American College of
18 Obstetricians and Gynecologists and directed by a medical doctor licensed to
19 practice medicine in this state and possessing specialized training and skill in in vitro
20 fertilization also in conformity with the standards established by the American
21 Fertility Society or the American College of Obstetricians and Gynecologists shall
22 cause the in vitro fertilization of a human ovum to occur. No person shall engage in
23 in vitro fertilization procedures unless qualified as provided in this Section American
24 Society for Reproductive Medicine and the American College of Obstetricians and
25 Gynecologists as evidenced by double board certification or eligibility by the
26 American Board of Obstetrics and Gynecology in both Obstetrics and Gynecology
27 as well as Reproductive Endocrinology and Infertility.
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HB NO. 833
1 §129. Destruction Viability of in vitro fertilized human ovum
2 A viable in vitro fertilized human ovum is one that is considered ethically or
3 clinically appropriate to transfer as defined by the guidelines set by the American
4 Society for Reproductive Medicine. A viable in vitro fertilized human ovum is a
5 juridical person which shall not be intentionally destroyed by any natural or other
6 juridical person or through the actions of any other such person. A non viable in
7 vitro fertilized human ovum is not a juridical person. An in vitro fertilized human
8 ovum that fails to develop further over a thirty-six hour period except when the
9 embryo is in a state of cryopreservation, is considered non-viable and is not
10 considered a juridical person.
11 * * *
12 §132. Liability
13 Strict liability or liability of any kind including actions relating to succession
14 rights and inheritance shall not be applicable to any physician, hospital, in vitro
15 fertilization clinic, or their agent who acts in good faith in the screening, collection,
16 conservation, preparation, transfer, or cryopreservation of the human ovum fertilized
17 in vitro for transfer to the human uterus. Any immunity granted by this Section is
18 applicable only to an action brought on behalf of the in vitro fertilized human ovum
19 as a juridical person. No individual or entity shall be subject to criminal prosecution
20 or civil liability for any directions provided by the patient to the medical staff or
21 facility or for actions performed in the normal course of business that resulted in an
22 in vitro fertilized ovum becoming non viable.
23 * * *
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 833 Original 2024 Regular Session Davis
Abstract: Provides relative to in vitro fertilization.
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HB NO. 833
Present law (R.S. 9:121) provides that a "human embryo" is an in vitro fertilized human
ovum with certain rights granted by law and composed of one or more living human cells
and human genetic material so unified and organized that it will develop in utero into an
unborn child.
Proposed law changes the definition of "human embryo" to an in vitro fertilized human
ovum that may develop in utero to an unborn child. Proposed law also clarifies language
regarding the description of human embryos.
Present law (R.S. 9:124) classifies a human embryo as a juridical person that can sue or be
sued. Present law also provides that the in vitro fertilized human ovum shall be given an
identification by the medical facility for use within the medical facility and provides
confidentiality of the in vitro fertilization patient.
Proposed law retains present law and removes redundant language.
Present law (R.S. 9:126) provides that an in vitro fertilized human ovum is a biological
human being.
Proposed law changes present law by providing that an in vitro fertilized human ovum
represents the potential for development into a biological human being which is under
control of the patient and is not the property of the physician.
Present law (R.S. 9:128) provides qualifications for medical professionals and facilities
engaged in in vitro fertilization procedures.
Proposed law retains present law but updates the licensing and training entities.
Present law (R.S. 9:129) provides that an in vitro fertilized human ovum that fails to develop
further over a 36 hour period except when the embryo is in a state of cryopreservation, is
considered non-viable, and is not considered a juridical person.
Proposed law changes present law by providing that a viable in vitro fertilized human ovum
is one that is considered ethically or clinically appropriate to transfer as defined by the
guidelines set by the American Society for Reproductive Medicine and that a non-viable in
vitro fertilized human ovum is not a juridical person.
Present law (R.S. 9:132) provides that any physician, hospital, in vitro fertilization clinic,
or their agent who acts in good faith shall not be held strictly liable or liable in any action
relating to succession rights and inheritance for the screening, collection, conservation,
preparation, transfer, or cryopreservation of the human ovum fertilized in vitro for transfer
to the human uterus.
Present law (R.S. 9:132) also provides that any immunity granted by present law is
applicable only to an action brought on behalf of the in vitro fertilized human ovum as a
juridical person.
Proposed law changes present law by providing that no individual or entity shall be subject
to criminal prosecution or civil liability for any directions provided by the patient to the
medical staff or facility or for actions performed in the normal course of business that
resulted in an in vitro fertilized ovum becoming non viable.
(Amends R.S. 9:121, 124, 126, 128, 129, and 132)
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