SSHB833 4747 4869
HOUSE SUMMARY OF SENATE AMENDMENTS
HB 833 2024 Regular Session Davis
CIVIL/LAW: Provides relative to in vitro fertilization
Synopsis of Senate Amendments
1.Makes technical changes.
2. Provides that if in vitro fertilization patients relinquish their legal rights through
a legal agreement, then the in vitro fertilized human embryo shall be available
for donation in accordance with written procedures of the facility where it is
housed or stored.
3. Specifies that no compensation shall be paid or received by any party in an
embryo donation agreement.
4.Prohibits any person from counseling or arranging for the transfer of the in vitro
fertilized human embryo to an out-of-state facility for the purposes of the
destruction of the embryo.
5.Requires all civil actions against any qualified healthcare provider to be brought
pursuant to the Medical Malpractice Act and the Malpractice for Liability for
State Services Act.
6.Provides that all civil actions against a nonqualified healthcare provider shall
be subject to civil liability based upon the applicable standard of care.
7. Provides immunity from criminal prosecution for certain parties participating
in acts typically performed in the in vitro fertilization process except in cases
of acts made with criminal intent as defined by R.S. 14:10.
Digest of Bill as Finally Passed by Senate
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 retains present law but restructures the definition to include specifications on
viability of an in vitro fertilized human embryo. Proposed law provides that an in vitro
fertilized human embryo is presumed viable unless it fails to develop after the first 36 hours
from fertilization except in instances when the embryo is in a state of cryopreservation.
Proposed law also changes the reference from an "in vitro fertilized human ovum" to an "in
vitro fertilized human embryo".
Present law (R.S. 9:122) provides that the use of a human ovum fertilized in vitro is solely
for the support and contribution of the complete development of human in utero
implantation. No in vitro fertilized human ovum will be farmed or cultured solely for
research purposes or any other purposes. The sale of a human ovum, fertilized human ovum,
or human embryo is expressly prohibited.
Proposed law changes the reference from an "in vitro fertilized human ovum" to an "in vitro
fertilized human embryo".
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Present law (R.S. 9:123) provides that an in vitro fertilized human ovum exists as a juridical
person until such time as the in vitro fertilized ovum is implanted in the womb, or at any
other time when rights attach to an unborn child in accordance with law.
Proposed law retains present law but makes some semantic changes. Proposed law also
emphasizes the classification of an in vitro fertilized human embryo as a juridical person,
separate from the medical facility or clinic where it is housed or stored, that gives it the
capacity to sue or be sued.
Proposed law also changes the reference from an "in vitro fertilized human ovum" to an "in
vitro fertilized human embryo".
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. Proposed law also
changes the reference from an "in vitro fertilized human ovum" to an "in vitro fertilized
human embryo".
Present law (R.S. 9:125) provides that an in vitro fertilized human ovum as a juridical person
is recognized as a separate entity apart from the medical facility or clinic where it is housed
or stored.
Proposed law retains present law but changes the reference from an "in vitro fertilized human
ovum" to "in vitro fertilized human embryo".
Present law (R.S. 9:126) provides that an in vitro fertilized human ovum is a biological
human being which is not the property of the physician which acts as an agent of fertilization,
or the facility which employs him or the donors of the sperm and ovum.
Present law also provides rights to in vitro fertilization patients in circumstances when the
patients either express or do not express their identity. In cases where the in vitro
fertilization patients express their identity, then their rights as parents as provided under the
Civil Code will be preserved. If the in vitro fertilization patients fail to express their identity,
then the physician shall be deemed to be temporary guardian of the in vitro fertilized human
ovum until adoptive implantation can occur.
Present law authorizes a court in the parish where the in vitro fertilized ovum is located to
appoint a curator, upon motion of the in vitro fertilization patients, their heirs, or physicians
who caused in vitro fertilization to be performed, to protect the in vitro fertilized human
ovum's rights.
Proposed law changes present law by stating that an in vitro fertilized human embryo is
under the direction and custody of the patient. Proposed law further establishes that an in
vitro fertilized human embryo cannot be owned by the in vitro fertilization patients and that
the patients owe the in vitro fertilized human embryo a high duty of care and prudent
administration.
Proposed law also removes provisions that establish guardianship over an in vitro fertilized
human embryo in certain circumstances and references to appointment of a curator on behalf
of an in vitro fertilized human embryo.
Proposed law also changes the reference from an "in vitro fertilized human ovum" to an "in
vitro fertilized human embryo".
Present law (R.S. 9:127) provides that any physician or medical facility who causes in vitro
fertilization of a human ovum in vitro shall be directly responsible for the in vitro
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safekeeping of the fertilized ovum.
Proposed law retains present law but changes the reference from an "in vitro fertilized human
ovum" to an "in vitro fertilized human embryo".
Present law (R.S. 9:128) provides qualifications for medical professionals and facilities
engaged in in vitro fertilization procedures and prohibits those who do not meet the
qualifications from providing in vitro fertilization services.
Proposed law retains present law but updates the authoritative bodies and increases the
qualifications of physicians to be double board certified or eligible in order for the physicians
to render in vitro fertilization services.
Present law (R.S. 9:129) provides that a viable in vitro fertilized human ovum is a juridical
person which shall not be intentionally destroyed by any natural or other juridical person or
through the actions of any such person. Present law also provides that an in vitro fertilized
human ovum is non-viable and is not a juridical person when it fails to develop further over
a 36-hour period except when the embryo is in a state of cryopreservation.
Proposed law removes redundant language. Proposed law also changes the reference from
an "in vitro fertilized human ovum" to an "in vitro fertilized human embryo".
Present law (R.S. 9:130) provides that an in vitro fertilized human ovum is a juridical person
which cannot be owned by the in vitro fertilization patients who owe it a high duty of care
and prudent administration.
Present law also provides that if the in vitro fertilization patients renounce by notarial act
their parental rights for in utero implantation, then the in vitro fertilized human ovum shall
be available for adoptive implantation in accordance with written procedures of the facility
where it is housed or stored. Present law provides that the in vitro fertilization patients may
renounce their parental rights in favor of another married couple only if the other couple is
willing and able to receive the in vitro fertilized ovum.
Present law also provides that no compensation shall be paid or received by either couple to
renounce parental rights and that constructive fulfillment of the statutory provisions for
adoption in this state shall occur when a married couple executes a notarial act of adoption
of the in vitro fertilized ovum and birth occurs.
Proposed law provides that if in vitro fertilization patients relinquish their legal rights to their
embryos through a legal agreement with a recipient or a fertility clinic, then the in vitro
fertilized human embryo shall be available for donation in accordance with written
procedures of the facility where it is housed or stored.
Proposed law also removes redundant language and changes present law to allow individuals
the right to adopt a donated embryo. Proposed law changes the reference from an "in vitro
fertilized human ovum" to "in vitro fertilized human embryo".
Present law (R.S. 9:131) provides that disputes arising between any parties regarding the in
vitro fertilized ovum, the judicial standard for resolving such disputes is to be in the best
interest of the in vitro fertilized ovum.
Proposed law changes the reference to an in vitro fertilized human ovum to in vitro fertilized
human embryo. Proposed law also changes present law by providing that if an in vitro
fertilization agreement exists, parties in dispute shall resolve in accordance with the terms
and provisions of the agreement first before utilizing the courts.
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,
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preparation, transfer, or cryopreservation of the human ovum fertilized in vitro for transfer
to the human uterus.
Present law 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 provides that all civil actions against any qualified healthcare provider shall
be brought pursuant to the Medical Malpractice Act provided by present law and the
Malpractice for Liability for State Services Act provided by present law. Provides that all
civil actions brought against a nonqualified healthcare provider shall be subject to civil
liability based upon the applicable standard of care.
Proposed law provides that no physician, healthcare provider, hospital, in vitro fertilization
clinic, laboratory personnel, provider of products and services, or an agent who participates
in the screening, collection, conservation, preparation, fertilization, culture, transfer, biopsy,
thawing, warming, analysis, storage, transportation, cryopreservation, or any acts typically
performed during the in vitro fertilization process of the human embryo fertilized in vitro for
transfer to the human uterus shall be subject to criminal prosecution except in cases where
acts were made with criminal intent as defined by present law.
Present law (R.S. 9:133) provides inheritance rights to an in vitro fertilized human ovum in
certain circumstances.
Proposed law retains present law but changes the reference from an "in vitro fertilized human
ovum" to "in vitro fertilized human embryo".
(Amends R.S. 9:121 through 133)
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