House Bill No. 833 seeks to amend existing laws concerning in vitro fertilization (IVF) in Louisiana by introducing new definitions and legal statuses for human embryos. The bill defines a "human embryo" as a biological human being with specific rights and establishes that an in vitro fertilized human embryo is presumed viable unless it fails to develop within the first 36 hours post-fertilization, except when in cryopreservation. It prohibits the use of in vitro fertilized human embryos for sale or research, emphasizing that their use is strictly for supporting development for implantation. The bill also reclassifies the in vitro fertilized human embryo as a juridical person, granting it the capacity to sue or be sued, while ensuring confidentiality and outlining that patients owe a high duty of care towards the embryo without owning it.

Additionally, the bill amends regulations by removing previous provisions related to guardianship and curator appointments for embryos, and it updates terminology from "in vitro fertilized human ovum" to "in vitro fertilized human embryo." It allows for the adoption of donated embryos and stipulates that embryos can be made available for donation if patients renounce their parental rights. The bill provides civil and criminal immunity for medical professionals and service providers involved in IVF, except in cases of gross negligence or willful misconduct. It also emphasizes that disputes regarding embryos should be resolved according to existing IVF agreements before court intervention is sought.

Statutes affected:
HB833 Original:
HB833 Engrossed:
HB833 Reengrossed: