NOTE: THIS IS A SUBSTITUTE BILL, MEANING THE LANGUAGE OF THE ORIGINAL BILL HAS BEEN REPLACED. THE DEGREE TO WHICH THE SUBSTITUTE BILL TEXT DIFFERS FROM THE PREVIOUS VERSION OF THE TEXT CAN VARY GREATLY.
Referred to Committee
Feb. 17, 2010
Vote to pass a bill that authorizes women to be compensated for entering a surrogacy contract and later serving as a gestational surrogate.
-Requires women seeking to be compensated for serving as a gestational surrogate to meet the following criteria (Sec. 56):
-Is at least 21 years of age;
-Have given birth to at least 1 child;
-Have not previously acted as a gestational surrogate for compensation more than once;
-Have completed a medical evaluation and the evaluating physician has determined that there is no known reason why she would not be capable of carrying a child to term without endangering her health or the health of the child;
-Have indicated in a writing her informed consent to the medical procedures associated with the establishment of a pregnancy through embryo transfer, after being informed by a licensed physician of the risks of the procedures, including the risks that attend implantation of more than one embryo;
-Have completed a mental health evaluation by a mental health provider
-Have undergone legal consultation with independent legal counsel regarding the terms of the gestational surrogacy contract and the potential legal consequences of the gestational surrogacy; and
-Have obtained a health insurance policy that covers major medical treatments and hospitalization and has a term that extends throughout the duration of the expected pregnancy and for 8 weeks after the birth.
-Requires intended parent or parents seeking to hire a woman as a gestational surrogate to meet the following criteria (Sec. 56):
-Have a medical need for the gestational surrogacy as established by a qualified physician's affidavit attached to the gestational surrogacy contract, unless it's a same-sex couple, which nullifies this requirement;
-Have completed a mental health evaluation by a mental health provider; and
-Have undergone legal consultation with independent legal counsel regarding the terms of the gestational surrogacy contract and the potential legal consequences of the gestational surrogacy.
-This is a substitute bill sponsored by the House Committee on Ways and Means.