House Bill No. 833 seeks to amend Louisiana's laws regarding in vitro fertilization (IVF) by establishing a clear legal framework for the status and treatment of in vitro fertilized human embryos. The bill introduces new definitions, stating that a "human embryo" is a biological human being created through IVF, presumed viable unless it fails to develop within 36 hours post-fertilization, except when cryopreserved. It designates these embryos as juridical persons, granting them the capacity to sue or be sued, while clarifying that patients undergoing IVF cannot own the embryos but owe them a high duty of care. The bill also removes previous provisions related to guardianship and curatorship of embryos and updates terminology from "in vitro fertilized human ovum" to "in vitro fertilized human embryo."
Additionally, the bill outlines the responsibilities of medical facilities and physicians involved in the IVF process, providing them with immunity from civil liability and criminal prosecution when acting in good faith. It prohibits the sale of embryos and specifies that they cannot be cultured solely for research purposes. The proposed law also addresses patient confidentiality and embryo identification within medical facilities, while ensuring that inheritance rights do not extend to embryos unless they develop into live-born children. Furthermore, it allows for the adoption of donated embryos and mandates that disputes regarding embryos be resolved according to existing IVF agreements before resorting to court. Overall, the bill aims to enhance the legal protections and responsibilities associated with in vitro fertilization in Louisiana.
Statutes affected: HB833 Original:
HB833 Engrossed:
HB833 Reengrossed: