House Bill No. 506, introduced by Representative Davis, amends and reenacts several sections of Louisiana law concerning in vitro fertilization (IVF) and the legal status of in vitro fertilized human embryos. The bill redefines terms related to IVF, specifically changing references from "human embryo" and "in vitro fertilized human ovum" to "in vitro fertilized human embryo." It establishes definitions for "in vitro fertilized human embryo" and "nonviable in vitro fertilized human embryo," asserting that an embryo is presumed viable unless proven otherwise. The bill also outlines the legal rights of these embryos, including their status as juridical persons, and specifies that they cannot be intentionally destroyed. Additionally, it emphasizes that patients have control and decision-making authority over their embryos, and it prohibits the sale of embryos.
The proposed legislation further details the qualifications required for individuals and facilities performing IVF procedures, enhancing the criteria for medical professionals involved. It modifies the process for renouncing parental rights, allowing patients to donate embryos to individuals rather than only to married couples. In terms of legal disputes, the bill stipulates that if an IVF agreement exists, disputes should be resolved according to that agreement before resorting to court intervention. It also extends criminal immunity to a broader range of healthcare providers involved in the IVF process and establishes that civil matters against qualified providers must adhere to the Louisiana Medical Malpractice Act. The bill repeals the previous section R.S. 9:125, which is no longer applicable under the new provisions.
Statutes affected: HB506 Original: