House Bill No. by Representative Terry Landry seeks to establish comprehensive regulations for gestational carrier agreements in Louisiana through the creation of the "Louisiana Family Building and Maternal Health Protection Act." The bill outlines the licensing and regulation of gestational carrier agencies, defines eligibility requirements for all parties involved, and sets forth the necessary content and enforceability of gestational carrier agreements. Key provisions include mandatory independent legal counsel and mental health evaluations for gestational carriers and intended parents, as well as a requirement for counseling sessions to be completed before any embryo transfer. The legislation also emphasizes the protection of gestational carriers' rights, particularly regarding their autonomy in medical decision-making, including the prohibition of any requirement to consent to termination of pregnancy.

Additionally, the bill introduces a structured framework for gestational carrier agreements, including a three-contract system that delineates the roles and responsibilities of gestational carrier agencies, intended parents, and gestational carriers. It mandates extensive background checks for all parties, establishes advertising standards, and outlines penalties for non-compliance, including civil and criminal penalties for unlicensed operation and fraud. The Louisiana Department of Health is granted authority to oversee these regulations, issue compliance certificates, and maintain a Gestational Carrier Registry. Overall, the legislation aims to create a transparent and accountable environment for gestational carrier arrangements, ensuring the rights and welfare of all participants are protected while aligning state law with contemporary practices.

Statutes affected:
HB1141 Original: 44:1(B)(27)