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91_HB0818ham001
LRB9104812DJcdam
1 AMENDMENT TO HOUSE BILL 818
2 AMENDMENT NO. . Amend House Bill 818 by replacing
3 the title with the following:
4 "AN ACT concerning waiver of rights by donors of
5 fertilized human eggs."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 1. Short title. This Act may be cited as the
9 Fertilized Human Egg Donor Waiver of Rights Act.
10 Section 5. Definitions. As used in this Act:
11 "Assisted conception" means a pregnancy resulting from
12 any intervening medical technology, other than the pregnancy
13 of a woman resulting from the insemination of her ovum using
14 her husband's sperm, whether in vivo or in vitro, which
15 completely or partially replaces sexual intercourse as the
16 means of conception. Such intervening medical technology
17 includes, but is not limited to, conventional medical and
18 surgical treatment as well as noncoital reproductive
19 technology such as artificial insemination by donor,
20 cryopreservation of gametes and embryos, in vitro
21 fertilization, uterine embryo lavage, embryo transfer, gamete
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1 intrafallopian tube transfer, and low tubal ovum transfer.
2 "Cryopreservation" means freezing and storing of gametes
3 and embryos for possible future use in assisted conception.
4 "Donor" means an individual, other than a surrogate,
5 unrelated by marriage to the recipient who donates a
6 fertilized human egg resulting from assisted conception.
7 "Gamete" means either a sperm or an ovum.
8 "In vitro" means any process that can be observed in an
9 artificial environment such as a test tube or tissue culture
10 plate.
11 "In vitro fertilization" means the fertilization of ova
12 by sperm in an artificial environment.
13 "In vivo" means any process occurring within the living
14 body.
15 "Ovum" means the female gamete or reproductive cell prior
16 to fertilization.
17 "Sperm" means the male gamete or reproductive cell that
18 impregnates the ovum.
19 Section 10. Donor waiver of rights. A donor of a
20 fertilized human egg may execute a written waiver by which
21 the donor may relinquish some or all of the donor's rights as
22 parent of a child conceived through assisted conception. The
23 donor of a fertilized human egg may require the recipient of
24 the egg to agree to all terms and conditions of the donor.
25 Section 15. Form of donor waiver. The donor waiver may
26 be in substantially the following form:
27 I (name of donor), hereby relinquish all of my rights,
28 under the Fertilized Human Egg Donor Waiver of Rights Act, as
29 a parent of a child resulting from the fertilized human egg
30 donated by me, subject to the following terms and conditions
31 (if any):
32 ............................
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1 (signature of the donor)
2 (date)
3 Section 20. Form of recipient agreement. The
4 recipient's agreement to the terms and conditions of the
5 donor's waiver may be in substantially the following form:
6 I (recipient of fertilized human egg), agree to all terms
7 and conditions of the waiver of rights executed by a donor on
8 (date of waiver) under the Fertilized Human Egg Donor Waiver
9 of Rights Act and further agree that the donor shall not have
10 any rights or duties as a parent to any child resulting from
11 the fertilized human egg donated by the donor.
12 ............................
13 (signature of the recipient)
14 (date of the agreement)
15 Section 25. Confidentiality. The donor of a fertilized
16 human egg may require, as a term or condition of the waiver
17 of rights, that the donor's identity be confidential. If the
18 donor requires confidentiality, the recipient of the
19 fertilized human egg shall not have a right to be informed of
20 the identity of the donor.
21 Section 30. Duties of the donor. The donor of a
22 fertilized human egg shall not have any duties of a parent
23 that are otherwise specified by law except those duties that
24 the donor agrees, in writing, to assume.
25 Section 99. Effective date. This Act takes effect upon
26 becoming law.".