South Dakota Senate Bill SB137

South Dakota 2022 Regular Session

• Introduced: 1/27/22
• Refer: 1/27/22
• Report Pass: 2/8/22
• Report Pass: 2/14/22

Caption

Establish gestational surrogacy arrangements and agreements.

Impact

This legislation will amend South Dakota laws related to parentage, explicitly providing that intended parents are legally recognized as the parents of children born through gestational surrogacy. Rights and responsibilities, including sole custody and support obligations, will be vested in the intended parents upon the child's birth, establishing clear legal standing for these arrangements. The law intends to create a structured and legal process for surrogacy, making it a viable option for families seeking to expand their households through assisted reproduction.

Summary

Senate Bill 137 seeks to establish a framework for gestational surrogacy arrangements and agreements in South Dakota. The bill defines key terms related to assisted reproduction, including 'gestational carrier' and 'intended parent', and sets eligibility criteria for both parties involved in a surrogacy agreement. Specifically, it mandates medical and mental evaluations for intended parents and gestational carriers, as well as representation by independent legal counsel. These provisions ensure that all parties are fully informed and consenting before entering into such arrangements.

Contention

Some points of contention surrounding SB 137 include concerns regarding the ethical implications of surrogacy, the potential commodification of children's lives, and the rights of gestational carriers. Critics argue that this legislation may not sufficiently protect the interests of gestational carriers, particularly regarding their autonomy and decision-making throughout the pregnancy process. Additionally, there are apprehensions about the impact of such arrangements on the rights of gamete donors and the complexity of parental rights definitions.

Voting_history

SB 137 faced opposition during its legislative discussion, with a voting outcome of 15 yeas and 20 nays during its consideration on February 14, 2022. Despite significant support, the bill did not pass, reflecting the divided opinions on issues surrounding surrogacy and parental rights.