HLS 24RS-1495 REENGROSSED
2024 Regular Session
HOUSE BILL NO. 833
BY REPRESENTATIVES DAVIS, BOYD, BROWN, FREEMAN, FREIBERG, GREEN,
HUGHES, LACOMBE, MANDIE LANDRY, LARVADAIN, NEWELL, TAYLOR,
WILLARD, AND ZERINGUE AND SENATORS MI ZELL AND PRESSLY
CIVIL/LAW: Provides relative to in vitro fertilization
1 AN ACT
2To amend and reenact R.S. 9:121 through 133, relative to in vitro fertilization; to provide
3 for definitions; to provide classification; to establish viability of an in vitro fertilized
4 human ovum; to provide qualifications; to provide immunity from civil liability and
5 criminal prosecution; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 9:121 through 133 are hereby amended and reenacted to read as
8follows:
9 §121. Human embryo; definition Definitions
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 develop
13 in utero into an unborn child. Notwithstanding any other law to the contrary and for
14 the purposes of this Chapter:
15 (1) "Human embryo" means a fertilized human ovum that is a biological
16 human being, with certain rights granted by law, composed of one or more living
17 human cells and human genetic material.
18 (2) "In vitro fertilized human embryo" means a human embryo created
19 through the in vitro fertilization process.
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1 (3) Viability of an "in vitro fertilized human embryo."
2 (a) An in vitro fertilized human embryo is presumed to be viable unless and
3 until it is deemed non-viable as defined in this Section.
4 (b) An in vitro fertilized human embryo is deemed "non-viable" when it
5 fails to continue to develop after the first thirty-six hours from fertilization, except
6 when the embryo is in a state of cryopreservation.
7 §122. Uses of human embryo in vitro an in vitro fertilized human embryo
8 The use of a human ovum embryo fertilized in vitro is solely for the support
9 and contribution of the complete development of human in utero implantation. No
10 in vitro fertilized human ovum embryo will be farmed or cultured solely for research
11 purposes or any other purposes. The sale of a human ovum, fertilized human ovum,
12 or human embryo is expressly prohibited.
13 §123. Capacity
14 An A viable in vitro fertilized human ovum embryo exists as a juridical
15 person until such time as the in vitro fertilized ovum embryo is implanted in the
16 womb;, or at any other time when rights attach to an unborn child in accordance with
17 law. at which time rights attach as otherwise allowed by law. As a juridical person,
18 the viable in vitro fertilized human embryo shall have the capacity to sue or be sued
19 and is recognized as a separate entity apart from the medical facility or clinic where
20 it is housed or stored.
21 §124. Legal status Identification and confidentiality
22 As a juridical person, the in vitro fertilized human ovum embryo shall be
23 given an identification by the medical facility for use within the medical facility
24 which entitles such ovum to sue or be sued. The confidentiality of the in vitro
25 fertilization patient fertilized embryo and the patients from which it came shall be
26 maintained.
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1 §125. Separate entity
2 An in vitro fertilized human ovum embryo as a juridical person is recognized
3 as a separate entity apart from the medical facility or clinic where it is housed or
4 stored.
5 §126. Ownership Direction and custody
6 An in vitro fertilized human embryo cannot be owned by the in vitro
7 fertilization patients who owe the in vitro fertilized human embryo a high duty of
8 care and prudent administration. An in vitro fertilized human ovum embryo is a
9 biological human being which is under the direction and custody of the patient and
10 is not the property of the physician which acts as an agent of fertilization, or the
11 facility which employs him the physician or the donors of the sperm and ovum. If the
12 in vitro fertilization patients express their identity, then their rights as parents as
13 provided under the Louisiana Civil Code will be preserved. If the in vitro fertilization
14 patients fail to express their identity, then the physician shall be deemed to be
15 temporary guardian of the in vitro fertilized human ovum until adoptive implantation
16 can occur. A court in the parish where the in vitro fertilized ovum is located may
17 appoint a curator, upon motion of the in vitro fertilization patients, their heirs, or
18 physicians who caused in vitro fertilization to be performed, to protect the in vitro
19 fertilized human ovum's rights.
20 §127. Responsibility
21 Any physician or medical facility who causes in vitro fertilization of a human
22 ovum embryo in vitro will be directly responsible for the in vitro safekeeping of the
23 fertilized ovum embryo.
24 §128. Qualifications
25 Only medical facilities meeting the standards of the American Fertility
26 Society American Society for Reproductive Medicine and the American College of
27 Obstetricians and Gynecologists and directed by a medical doctor licensed to
28 practice medicine in this state and possessing specialized training and skill in in vitro
29 fertilization also in conformity with the standards established by the American
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1 Fertility Society or the American College of Obstetricians and Gynecologists shall
2 cause the in vitro fertilization of a human ovum to occur. No person shall engage in
3 in vitro fertilization procedures unless qualified as provided in this Section American
4 Society for Reproductive Medicine and the American College of Obstetricians and
5 Gynecologists as evidenced by double board certification or eligibility by the
6 American Board of Obstetrics and Gynecology in both Obstetrics and Gynecology
7 as well as Reproductive Endocrinology and Infertility shall cause the in vitro
8 fertilization of a human ovum to occur. No person shall engage in in vitro
9 fertilization procedures unless qualified as provided in this Section.
10 §129. Destruction
11 A viable in vitro fertilized human ovum embryo is a juridical person which
12 shall not be intentionally destroyed by any natural or other juridical person or
13 through the actions of any other such person. An in vitro fertilized human ovum that
14 fails to develop further over a thirty-six hour period except when the embryo is in a
15 state of cryopreservation, is considered non-viable and is not considered a juridical
16 person.
17 §130. Duties of donors donees
18 An in vitro fertilized human ovum is a juridical person which cannot be
19 owned by the in vitro fertilization patients who owe it a high duty of care and
20 prudent administration. If the in vitro fertilization patients renounce, by notarial act,
21 their parental rights for in utero implantation, then the in vitro fertilized human ovum
22 embryo shall be available for adoptive implantation donation in accordance with
23 written procedures of the facility where it is housed or stored. The in vitro
24 fertilization patients may renounce their parental rights in favor of another married
25 couple person, but only if the other couple person is willing and able to receive
26 assume the direction and control of the in vitro fertilized ovum embryo. No
27 compensation shall be paid or received by either couple person to renounce parental
28 rights. Constructive fulfillment of the statutory provisions for adoption in this state
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1 shall occur when a married couple executes a notarial act of adoption of the in vitro
2 fertilized ovum and birth occurs.
3 §131. Judicial standard
4 In disputes arising between any parties regarding the in vitro fertilized ovum
5 embryo, the judicial standard for resolving such disputes is to be in the best interest
6 of the in vitro fertilized ovum dispute shall be resolved in accordance with the terms
7 and provisions of the in vitro fertilization agreement by the parties. If no such
8 agreement exists, then disputes shall be determined by a court of competent
9 jurisdiction and in the best interest of the in vitro fertilized embryo.
10 §132. Liability
11 A. Strict liability or liability of any kind including actions relating to
12 succession rights and inheritance shall not be applicable to any No physician,
13 hospital, in vitro fertilization clinic, manufacturer, provider of services, or their agent
14 who acts in good faith in the screening, collection, conservation, preparation,
15 transfer, or cryopreservation of the human ovum embryo fertilized in vitro for
16 transfer to the human uterus, including the provisions of goods or services relating
17 thereto, shall be subject to criminal prosecution or civil liability. Any immunity
18 granted by this Section is applicable only to an action brought on behalf of the in
19 vitro fertilized human ovum as a juridical person. Immunity granted by this Section
20 is applicable to all actions including actions relating to succession rights and
21 inheritance.
22 B. No physician, healthcare provider, hospital, in vitro fertilization clinic,
23 manufacturer, provider of services, or their agent who participates in the screening,
24 collection, conservation, preparation, transfer, analysis, storage, transportation, or
25 cryopreservation of the human ovum embryo fertilized in vitro for transfer to the
26 human uterus shall be subject to criminal prosecution except in cases of criminal
27 negligence.
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1 §133. Inheritance rights
2 Inheritance rights will not flow to the in vitro fertilized ovum embryo as a
3 juridical person, unless the in vitro fertilized ovum embryo develops into an unborn
4 child that is born in a live birth, or at any other time when rights attach to an unborn
5 child in accordance with law. As a juridical person, the embryo or child born as a
6 result of in vitro fertilization and in vitro fertilized ovum embryo donation to another
7 couple does not retain its inheritance rights from the in vitro fertilization patients or
8 a donor of gametes used in the in vitro fertilization process, unless the donor is a
9 person from whom the child could otherwise inherit under laws of succession
10 notwithstanding the in vitro 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 833 Reengrossed 2024 Regular Session Davis
Abstract: Provides relative to in vitro fertilization.
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".
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.
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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 they
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 establishes 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 will be directly responsible for the in vitro safekeeping
of the fertilized ovum.
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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 renounce their parental rights by
notorial act for in utero implantation, 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 retains present law and changes the reference to an in vitro fertilized human
ovum to in vitro fertilized human embryo. Proposed law also provides civil and criminal
immunity from liability and extends the protection to manufacturers and providers of
services related to in vitro fertilization.
Proposed law adds "storage" to the list of acts by certain individuals provided by proposed
law that is afforded immunity from criminal prosecution.
Proposed law also includes an exception to immunity from criminal prosecution in instances
of criminal negligence.
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)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the original bill:
1. Add technical changes.
2. Change "in vitro fertilized human ovum" to "in vitro fertilized human embryo"
throughout proposed law.
3. Add a definition of viability in reference to an in vitro fertilized human embryo.
4. Provide that an in vitro fertilized human embryo cannot be owned by the in vitro
fertilization patient who owes the in vitro fertilized human embryo a high duty
of care and prudent administration.
5. Remove language stating that a fertilized human ovum represents the potential
for development into a biological human being.
6. Provide that an in vitro fertilized human embryo is under the direction and
custody of the in vitro fertilization patients.
7. Enable individuals the right to adopt a donated embryo.
8. Provide that disputes arising between any parties regarding an in vitro fertilized
human embryo be resolved by the terms and provisions of the in vitro
fertilization agreement before utilizing the courts.
9. Include a definition of "good faith" regarding the liability of a physician,
hospital, in vitro fertilization clinic, or their agent to an in vitro fertilized human
embryo.
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10.Establish that immunity from liability shall not apply in cases of gross
negligence or willful misconduct.
11.Extend civil and criminal immunity from liability to manufacturers and providers
of services related to in vitro fertilization.
12.Emphasize that an in vitro fertilized human embryo is a juridical person.
The House Floor Amendments to the engrossed bill:
1. Add technical changes.
2. Provide that if in vitro fertilization patients renounce their parental rights by
notorial act for in utero implantation, 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. Add "storage" to the list of acts by certain individuals provided by proposed law
that is afforded immunity from criminal prosecution.
4. Include an exception to immunity from criminal prosecution in instances of
criminal negligence.
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