Vetoed by Governor Bobby Jindal

Vote Smart's Synopsis:

Vote to adopt a conference report that authorizes surrogacy contracts.

Highlights:

• Authorizes a “gestational carrier,” her spouse if she is married, and “intended parents” to enter into a written gestational surrogacy contract (Sec. 1).

• Defines “intended parents” as married individuals who contribute their gametes to be used in assisted reproduction and who enter into a gestational surrogacy contract (Sec. 1).

• Defines “gestational carrier” as a woman who agrees to attempt to carry and give birth to a child conceived by in vitro fertilization using the gametes of the intended parents, and who meets certain conditions including, but not limited to, the following conditions (Sec.1):
• The carrier is at least 25 years old;
• The carrier previously gave birth to at least 1 child;
• The carrier certifies that she has undergone at least 2 counseling sessions to discuss the proposed surrogacy;
• The carrier agrees, along with her spouse if she is married, to relinquish all rights and duties as the parents of a child born as a result of the surrogacy.

• Requires the intended parents to agree to the following conditions (Sec. 1):
• To acknowledge that the gestational carrier has sole authority to make medical decisions during the pregnancy;
• To agree to accept custody of and to assume full parental rights and responsibilities for the child immediately upon the child’s birth; and
• To agree to be recognized as the legal parents of the child.

• Requires a physician in obstetrics and gynecology or in reproductive endocrinology to determine that the use of a gestational carrier is medically necessary for reproduction in order for a contract to be approved (Sec. 1).

• Prohibits the gestational carrier from receiving any compensation for the surrogacy, other than for “reasonable” expenses for certain purposes including, but not limited to, the following purposes (Sec. 1):
• For medical expenses;
• For expenses from mental health counseling prior to the birth and up to 6 months after the birth; and
• For living expenses incurred before the birth of the child and for no more than 60 days after the birth.

Full Bill Text

Vote Smart's Synopsis:

Vote to adopt a conference report that authorizes surrogacy contracts.

Highlights:

• Authorizes a “gestational carrier,” her spouse if she is married, and “intended parents” to enter into a written gestational surrogacy contract (Sec. 1).

• Defines “intended parents” as married individuals who contribute their gametes to be used in assisted reproduction and who enter into a gestational surrogacy contract (Sec. 1).

• Defines “gestational carrier” as a woman who agrees to attempt to carry and give birth to a child conceived by in vitro fertilization using the gametes of the intended parents, and who meets certain conditions including, but not limited to, the following conditions (Sec.1):
• The carrier is at least 25 years old;
• The carrier previously gave birth to at least 1 child;
• The carrier certifies that she has undergone at least 2 counseling sessions to discuss the proposed surrogacy;
• The carrier agrees, along with her spouse if she is married, to relinquish all rights and duties as the parents of a child born as a result of the surrogacy.

• Requires the intended parents to agree to the following conditions (Sec. 1):
• To acknowledge that the gestational carrier has sole authority to make medical decisions during the pregnancy;
• To agree to accept custody of and to assume full parental rights and responsibilities for the child immediately upon the child’s birth; and
• To agree to be recognized as the legal parents of the child.

• Requires a physician in obstetrics and gynecology or in reproductive endocrinology to determine that the use of a gestational carrier is medically necessary for reproduction in order for a contract to be approved (Sec. 1).

• Prohibits the gestational carrier from receiving any compensation for the surrogacy, other than for “reasonable” expenses for certain purposes including, but not limited to, the following purposes (Sec. 1):
• For medical expenses;
• For expenses from mental health counseling prior to the birth and up to 6 months after the birth; and
• For living expenses incurred before the birth of the child and for no more than 60 days after the birth.

Full Bill Text