NM
New Mexico House Bill HB305

New Mexico 2023 Regular Session

New Mexico House Bill HB305

Introduced
2/6/23  

Caption

Surrogacy & Parental Determination

Impact

The passage of HB305 is expected to significantly modernize and enforce the laws surrounding surrogacy in New Mexico. It outlines comprehensive legal agreements that specify the roles and responsibilities of intended parents and surrogates, aiming to prevent disputes over parentage when a child is born through assisted reproduction. Notably, it ensures that the intended parents will have parental rights automatically upon the birth of the child, which is crucial for legal recognition and custody matters.

Summary

House Bill 305, titled 'Surrogacy & Parental Determination', aims to amend the New Mexico Uniform Parentage Act, specifically focusing on clarifying the laws surrounding surrogacy agreements and the determination of parentage. The bill introduces new definitions and stipulations regarding surrogacy, ensuring that intended parents are legally recognized as the parents of a child conceived through assisted reproduction under such agreements. This clarification seeks to provide legal certainty for the parties involved in surrogacy arrangements, especially in defining parental rights and responsibilities.

Contention

While the bill aims to streamline and clarify the process of surrogacy and parentage, there are potential points of contention. Critics of the legislation may argue that it could lead to ethical concerns surrounding the commodification of childbirth and the rights of surrogates. Moreover, the bill's provisions on parental rights, particularly for cases involving disputed or unexpected parentage issues, could spark debates on the appropriateness of such legal frameworks. Ensuring the rights of surrogates while protecting the interests of intended parents will be key areas of discussion.

Notable_points

Importantly, HB305 allows surrogates to withdraw consent to assisted reproduction at any time before the embryo transfer, providing a safeguard for their decision-making autonomy. Additionally, the bill addresses the legal implications if an intended parent dies during the surrogacy process, ensuring their intent to parent can still be recognized, which could provide further stability for children conceived through such means.

Latest HB305 Activity

Companion Bills

No companion bills found.

Similar Bills

NM HB373

Revised Uniform Parentage Act

HI HB1193

Relating To Parentage.

HI SB1231

Relating To Parentage.

PA HB350

In proceedings prior to petition to adopt, further providing for hearing, for alternative procedure for relinquishment and for hearing; in support matters generally, further providing for paternity and for continuing jurisdiction over support orders; in general provisions relating to children and minors, repealing provisions relating to acknowledgment and claim of paternity; in jurisdiction, further providing for bases for jurisdiction over nonresident; enacting the Uniform Parentage Act; and providing for parent-child relationship for certain individuals, for voluntary acknowledgment of parentage, for genetic testing, for proceeding to adjudicate parentage, for assisted reproduction, for surrogacy agreements and for information about donors.

PA HB350

In intestate succession, further providing for rules of succession; in administration and personal representatives, providing for liability of executor; in proceedings prior to petition to adopt, further providing for rules of succession, for hearing, for alternative procedure for relinquishment and for hearing; in support matters generally, further providing general administration of support matters, repealing provisions relating to paternity and further providing for continuing jurisdiction over support orders; in general provisions relating to children and minors, repealing provisions relating to acknowledgment and claim of paternity; in jurisdiction, further providing for bases for jurisdiction over nonresident; enacting the Uniform Parentage Act; providing for parent-child relationship for certain individuals, for voluntary acknowledgment of parentage, for genetic testing, for proceeding to adjudicate parentage, for assisted reproduction, for surrogacy agreements and for information about donors; and, in organization and jurisdiction of courts of common pleas, further providing for original jurisdiction and venue.

HI SB2747

Relating To The Uniform Parentage Act.

NC S885

Parentage Protection for Families

MN HF4564

Assisted reproduction rights and responsibilities updated, gestational surrogacy agreement requirements created, genetic surrogacy agreement requirements created, and genetic donation recordkeeping and information sharing provided.