HOUSE BILL NO. 1895 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE PLANK.
3946H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 210.824, RSMo, and to enact in lieu thereof one new section relating to assisted reproduction.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 210.824, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 210.824, to read as follows: 210.824. 1. (1) If[, under the supervision of a licensed physician and with the 2 consent of her husband, a wife is inseminated artificially with semen donated by a man not 3 her husband, the husband is treated in law as if he were the natural father of a child thereby 4 conceived. The husband's consent must be in writing and signed by him and his wife. The 5 physician shall certify their signatures and the date of the insemination, and file the husband's 6 consent with the bureau, where it shall be kept confidential and in a sealed file. The 7 physician's failure to comply with this section shall not affect the father and child 8 relationship. All papers and records pertaining to the insemination, whether part of the 9 permanent record of a court or of a file held by the supervising physician or elsewhere, are 10 subject to inspection only upon an order of the court for good cause shown] a person 11 conceives through assisted reproduction with semen or ova, or both, donated by a donor 12 who is not the person's spouse, with the consent of another intended parent, that 13 intended parent is treated in law as if that intended parent is the natural parent of a 14 child thereby conceived. The other intended parent's consent shall be in writing and 15 signed by the other intended parent and the person conceiving through assisted 16 reproduction.
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 1895 2
17 (2) Failure to consent in writing, as required by subdivision (1) of this 18 subsection, does not preclude the court from finding that the intended parent consented 19 if the court finds by clear and convincing evidence that, prior to the conception of the 20 child, the person conceiving the child and the intended parent had an oral agreement 21 that the person conceiving the child and the intended parent would both be parents of 22 the child. 23 2. (1) The donor of semen provided to a licensed physician or to a licensed sperm 24 bank for use in [artificial insemination of a married woman other than the donor's wife is 25 treated in law as if he were not the natural father of a child thereby conceived] assisted 26 reproduction by a person other than the donor's spouse is treated in law as if the donor 27 is not the natural parent of a child thereby conceived unless otherwise agreed to in a 28 writing signed by the donor and the person conceiving the child prior to the conception 29 of the child. 30 (2) If the semen is not provided to a licensed physician or a licensed sperm bank 31 as specified in subdivision (1) of this subsection, the donor of semen for use in assisted 32 reproduction by a person other than the donor's spouse is treated in law as if the donor 33 is not the natural parent of a child thereby conceived if either of the following is met: 34 (a) The donor and the person conceiving the child agreed in a writing signed 35 prior to conception that the donor would not be a parent; or 36 (b) A court finds by clear and convincing evidence that the child was conceived 37 through assisted reproduction and that, prior to the conception of the child, the person 38 conceiving the child and the donor had an oral agreement that the donor would not be a 39 parent. 40 (3) Subdivisions (1) and (2) of this subsection shall not apply to a donor who 41 provided semen for use in assisted reproduction by a person other than the donor's 42 spouse under a written agreement signed by the donor and the person conceiving the 43 child prior to conception of the child stating that they intended for the donor to be a 44 parent. 45 3. A person providing ova for use in assisted reproduction by a person other 46 than the provider's spouse or nonmarital partner is treated in law as if the provider is 47 not the natural parent of a child thereby conceived unless the court finds satisfactory 48 evidence that the provider of the ova, and each recipient, intended for that provider to 49 have parental rights. 50 4. (1) A provider of an embryo for use in assisted reproduction to an intended 51 parent who is not the provider's spouse or nonmarital partner is treated in law as if the 52 provider is not the natural parent of a child thereby conceived unless the court finds HB 1895 3
53 satisfactory evidence that the provider and the intended parent intended for the 54 provider to be a parent. 55 (2) If the provider of ova, semen, or embryos is not the original source of the ova 56 or sperm, each original provider's written consent to the donation is required unless 57 that person has executed a writing to consent, waive, or relinquish their right to the 58 genetic material, or as otherwise ordered by a court of law. ✔
Statutes affected: