Diane Savino Co-Sponsored (Introduced) this Legislation.
Title: Repeals Prohibitions on Surrogacy and In Vitro Fertilization
Vote to pass a bill that repeals prohibitions on surrogacy and in vitro fertilization.
Defines “assisted reproduction” as a method of causing pregnancy other than sexual intercourse and includes but is not limited to (Part 1):
Intrauterine or vaginal insemination;
Donation of gametes;
Donation of embryos;
In vitro fertilization and transfer of embryos; and
Intracytoplasmic sperm injection.
Specifies that an individual who provides gametes for, or who consents to, assisted reproduction with the intent to be a parent of the child with the consent of the gestating parent, is a parent of the resulting child for all legal purposes (Part 3).
Authorizes a person acting as surrogate to be eligible to enter into an enforceable surrogacy agreement if the person (Part 4):
Is at least 21 years of age;
Is a United States citizen or a permanent lawful resident;
Has not provided the egg used to conceive the resulting child;
Has completed a medical evaluation with a health care practitioner relating to the anticipated pregnancy;
Has and will be be represented throughout the contractual process and the duration of the contract and its execution which will be paid for by the intended parent or parents;
Will obtain a health insurance policy that covers major medical treatments and hospitalization, and the policy has a term extending throughout the duration of the expected pregnancy and for 26 weeks following the birth which will be paid for by the intended parent or parents.
Requires the surrogacy agreement to (Part 4):
Include an agreement that the surrogate surrenders custody of all resulting children to the intended parent or parents immediately upon birth;
Permit the surrogate to make all health and welfare decisions regarding themself and their pregnancy;
Provide, upon request, that the intended parent or parents have or will procure and pay for a life insurance policy for the person acting as surrogate;
Provide for the right of the surrogate, upon request, to obtain counseling to address issues resulting from the person’s participation in the surrogacy agreement; and
Not limit the right of the surrogate to terminate or continue the pregnancy or reduce or retain the number of fetuses or embryos the person is carrying.
Authorizes a surrogate, after the execution of the surrogacy agreement but before the surrogate becomes pregnant, to terminate the surrogacy agreement by giving proper notice (Part 4).
Specifies that compensation may be paid to a donor or surrogate based on medical risks, physical discomfort, inconvenience, and the responsibilities they are undertaking in connection with their participation in the assisted reproduction (Part 5).
Requires a surrogacy program to ensure that all potential parties to a surrogacy agreement, at the time of consultation with such such surrogacy program, are provided with written notice of the surrogates’ bill of rights (Article 44).
Requires the commissioner to promulgate regulations on the practice of gestational surrogacy that include, but is not limited to (Article 25-B).
Guidelines and procedures for obtaining fully informed consent from potential persons acting as surrogates;
The development and distribution of informational material relating to gestational surrogacy; and
The establishment of a voluntary central tracking registry of persons acting as surrogates, as reported by licensed surrogacy programs, that maintains the anonymity of the surrogate and resulting offspring.
Requires the commissioner to promulgate regulations on the donations of ova similar to the regulations for gestational surrogacy (Article 25-B).
Title: Repeals Prohibitions on Surrogacy and In Vitro Fertilization