Bill > HB1141

This bill establishes comprehensive regulations for gestational carrier agreements in Louisiana, aiming to provide clear legal protections for intended parents, gestational carriers, and children born through these arrangements. It defines key terms like "gestational carrier" (a woman who carries a pregnancy for others using assisted reproduction but is not genetically related to the child and relinquishes parentage) and "intended parent" (an individual intending to be the legal parent). The bill mandates independent legal counsel for all parties, requires extensive medical and psychological evaluations for gestational carriers, and outlines specific terms that must be included in any enforceable agreement. It also introduces licensing requirements for gestational carrier agencies, overseen by the Louisiana Department of Health (LDH), which will regulate their operations, including financial management and advertising, and establishes criminal penalties for unlicensed operation and misappropriation of funds. The legislation emphasizes transparency and safeguards against exploitation, ensuring that compensation is regulated and that agencies do not engage in conflicts of interest. Furthermore, it clarifies the process for establishing parentage, allowing for administrative pre-parentage certification by the LDH to facilitate birth certificate issuance, while preserving the district court's original jurisdiction over parentage matters. The bill also addresses the prohibition of compelling a gestational carrier to terminate a pregnancy and sets forth rules for dispute resolution and conflicts of law, ensuring Louisiana law governs arrangements with a connection to the state.

Health and Social Services

https://www.legis.la.gov/legis/BillInfo.aspx?s=26rs&b=HB1141&sbi=y