Vote Smart's Synopsis:

Vote to pass a bill that repeals prohibitions on surrogacy and in vitro fertilization.

Highlights:

• 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).

Full Bill Text