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1 1 Section 1. NEW SECTION. 600C.1 TITLE.
1 2 This chapter shall be known and may be cited as the
1 3 "Uniform Status of Children of Assisted Conception Act."
1 4 Sec. 2. NEW SECTION. 600C.2 DEFINITIONS.
1 5 As used in this chapter, unless the context otherwise
1 6 requires:
1 7 1. "Assisted conception" means a pregnancy resulting from
1 8 either of the following:
1 9 a. Fertilizing an egg of a woman with sperm of a man by
1 10 means other than sexual intercourse.
1 11 b. Implanting an embryo.
1 12 "Assisted conception" does not include the pregnancy of a
1 13 wife resulting from fertilizing her egg with sperm of her
1 14 husband.
1 15 2. "Donor" means an individual other than a surrogate who
1 16 produces egg or sperm used for assisted conception, whether or
1 17 not payment is made for the egg or sperm used, but does not
1 18 include a woman who gives birth to a resulting child.
1 19 3. "Intended parents" means a man and woman, married to
1 20 each other, who enter into an agreement under this chapter
1 21 providing that they will be the parents of a child born to a
1 22 surrogate through assisted conception using egg of the woman
1 23 or sperm of the man, or both.
1 24 4. "Surrogate" means an adult woman who enters into an
1 25 agreement to bear a child conceived through assisted concep-
1 26 tion for intended parents.
1 27 Sec. 3. NEW SECTION. 600C.3 MATERNITY.
1 28 Unless otherwise provided in this chapter, a woman who
1 29 gives birth to a child is the child's mother.
1 30 Sec. 4. NEW SECTION. 600C.4 ASSISTED CONCEPTION BY A
1 31 MARRIED WOMAN &endash; PATERNITY.
1 32 Unless otherwise provided in this chapter, the husband of a
1 33 woman who bears a child through assisted conception and who is
1 34 the husband of that woman at the time of the assisted concep-
1 35 tion is the father of the child, notwithstanding a declaration
2 1 of invalidity or annulment of the marriage obtained after the
2 2 assisted conception, unless within two years after learning of
2 3 the child's birth the husband commences an action in which the
2 4 mother and child are parties and in which it is determined
2 5 that the husband did not consent to the assisted conception.
2 6 Sec. 5. NEW SECTION. 600C.5 PARENTAL STATUS OF DONORS
2 7 AND DECEASED PERSONS.
2 8 Unless otherwise provided in this chapter:
2 9 1. A donor is not a parent of a child conceived through
2 10 assisted conception.
2 11 2. A person who dies before a child is conceived other
2 12 than through sexual intercourse or who dies before implanta-
2 13 tion of an embryo, using the person's egg or sperm, is not a
2 14 parent of the resulting child.
2 15 Sec. 6. NEW SECTION. 600C.6 SURROGACY AGREEMENT.
2 16 1. A surrogate, the surrogate's husband, if the surrogate
2 17 is married, and the intended parents may enter into a written
2 18 agreement which provides that the surrogate and the surro-
2 19 gate's husband, if the surrogate is married and if the husband
2 20 is a party to the agreement, relinquish all rights and duties
2 21 as parents of a child to be conceived through assisted
2 22 conception, and the intended parents may become the parents of
2 23 the child pursuant to section 600C.9.
2 24 2. If the agreement is not approved by the court under
2 25 section 600C.7 prior to conception, the agreement is void and
2 26 the surrogate is the mother of a resulting child and the
2 27 surrogate's husband at the time of conception, if a party to
2 28 the agreement, is the father of the child. If the surrogate's
2 29 husband at the time of conception is not a party to the agree-
2 30 ment or the surrogate is unmarried, paternity of the child is
2 31 governed by chapter 600B.
2 32 Sec. 7. NEW SECTION. 600C.7 PETITION AND HEARING FOR
2 33 APPROVAL OF SURROGACY AGREEMENT.
2 34 1. Prior to the initiation of assisted conception under a
2 35 surrogacy agreement, the intended parents and the surrogate
3 1 shall file a petition in the court of the county in which the
3 2 intended parents or the surrogate resides for approval of the
3 3 surrogacy agreement. The surrogate's husband, if the surro-
3 4 gate is married, shall join in the petition. A copy of the
3 5 agreement shall be attached to the petition. The court shall
3 6 name a guardian ad litem to represent the interests of a child
3 7 to be conceived by the surrogate through assisted conception
3 8 and shall appoint counsel to represent the surrogate.
3 9 2. The court shall hold a hearing on the petition and
3 10 shall enter an order approving the surrogacy agreement, autho-
3 11 rizing assisted conception for a period of twelve months after
3 12 the date of the order, declaring the intended parents to be
3 13 the parents of a child to be conceived through assisted
3 14 conception pursuant to the agreement, and discharging the
3 15 guardian ad litem and attorney for the surrogate, upon finding
3 16 that all of the following apply:
3 17 a. The court has jurisdiction under subsection 5 and all
3 18 parties have submitted to its jurisdiction.
3 19 b. The intended parent who is the woman is unable to bear
3 20 a child or is unable to do so without unreasonable risk to an
3 21 unborn child or to the physical or mental health of the
3 22 intended parent who is the woman or to the child after birth,
3 23 and the finding is supported by medical evidence.
3 24 c. The department of human services has completed a home
3 25 study of the intended parents and the surrogate and a copy of
3 26 the report of the home study has been filed with the court.
3 27 d. The intended parents, the surrogate, and the surro-
3 28 gate's husband, if the surrogate is married, meet the stan-
3 29 dards of fitness applicable to adoptive parents in this state.
3 30 e. All parties have voluntarily entered into the agreement
3 31 and understand its terms, nature, and meaning, and the effect
3 32 of the proceeding and have filed a statement signed by all of
3 33 the parties to this effect.
3 34 f. The surrogate has had at least one pregnancy and
3 35 delivery and the surrogate's bearing of another child will not
4 1 pose an unreasonable risk to the unborn child or to the
4 2 physical or mental health of the surrogate or to the child
4 3 after birth, and this finding is supported by medical
4 4 evidence.
4 5 g. All parties have received counseling concerning the
4 6 effect of the surrogacy from a licensed social worker and a
4 7 report containing the conclusions of the licensed social
4 8 worker about the capacity of the parties to enter into and
4 9 fulfill the agreement has been filed with the court.
4 10 h. A report of the results of any medical or psychological
4 11 examination or genetic screening agreed to by the parties or
4 12 required by law has been filed with the court and has been
4 13 made available to the parties.
4 14 i. Provision has been made for all reasonable health care
4 15 costs associated with the surrogacy until the child's birth,
4 16 including responsibility for those costs if the agreement is
4 17 terminated pursuant to section 600C.8.
4 18 j. The agreement will not be substantially detrimental to
4 19 the interest of any of the affected individuals.
4 20 3. Unless otherwise provided in the surrogacy agreement,
4 21 all court costs, attorney's fees, and other costs and expenses
4 22 associated with the proceeding shall be assessed against the
4 23 intended parents.
4 24 4. Notwithstanding any other law concerning judicial pro-
4 25 ceedings or vital statistics, the court shall conduct all
4 26 hearings and proceedings under this section in camera. The
4 27 court shall keep all records of the proceedings confidential
4 28 and subject to inspection under the same standards applicable
4 29 to adoptions. At the request of any party, the court shall
4 30 take the necessary precautions to ensure that the identities
4 31 of the parties are not disclosed.
4 32 5. The court conducting the proceedings has exclusive and
4 33 continuing jurisdiction of all matters arising out of the
4 34 surrogacy until a child, born after entry of an order under
4 35 this section, is one hundred eighty days old.
5 1 Sec. 8. NEW SECTION. 600C.8 TERMINATION OF SURROGACY
5 2 AGREEMENT.
5 3 1. Following entry of an order under section 600C.7, but
5 4 before the surrogate conceives through assisted conception,
5 5 the court for cause, or any of the parties to the agreement,
5 6 may terminate the surrogacy agreement by giving written notice
5 7 of termination to all other parties and filing notice of the
5 8 termination with the court. Following the filing of this
5 9 notice, the court shall vacate the order entered under section
5 10 600C.7.
5 11 2. A surrogate who has provided an egg for the assisted
5 12 conception pursuant to an agreement approved under section
5 13 600C.7 may terminate the agreement by filing written notice
5 14 with the court within one hundred eighty days after the last
5 15 insemination pursuant to the agreement. Upon a finding, after
5 16 notice to the parties to the agreement and hearing, that the
5 17 surrogate has voluntarily terminated the agreement and
5 18 understands the nature, meaning, and effect of the termina-
5 19 tion, the court shall vacate the order entered under section
5 20 600C.7.
5 21 3. The surrogate is not liable to the intended parents for
5 22 termination of the agreement pursuant to this section.
5 23 Sec. 9. NEW SECTION. 600C.9 PARENTAGE UNDER APPROVED
5 24 SURROGACY AGREEMENT.
5 25 1. The following rules of parentage apply to surrogacy
5 26 agreements approved under section 600C.7.
5 27 a. Upon birth of a child to the surrogate, the intended
5 28 parents are the parents of the child and the surrogate and the
5 29 surrogate's husband, if the surrogate is married, are not
5 30 parents of the child unless the court vacates the order pur-
5 31 suant to section 600C.8, subsection 2.
5 32 b. If, after notice of termination by the surrogate, the
5 33 court vacates the order under section 600C.8, subsection 2,
5 34 the surrogate is the mother of a resulting child, and the
5 35 surrogate's husband at the time of conception, if a party to
6 1 the agreement, is the father. If the surrogate's husband is
6 2 not a party to the agreement or the surrogate is unmarried,
6 3 paternity of the child is governed by chapter 600B.
6 4 2. Upon birth of the child, the intended parents shall
6 5 file a written notice with the court that a child has been
6 6 born to the surrogate within three hundred days after assisted
6 7 conception. The court shall enter an order directing the
6 8 division of records and statistics of the Iowa department of
6 9 public health to issue a new birth certificate naming the
6 10 intended parents as parents and to seal the original birth
6 11 certificate in the records of the division of records and
6 12 statistics of the Iowa department of public health.
6 13 Sec. 10. NEW SECTION. 600C.10 SURROGACY &endash; MISCELLANEOUS
6 14 PROVISIONS.
6 15 1. A surrogacy agreement that is the basis of an order
6 16 under section 600C.7 may provide for the payment of consider-
6 17 ation.
6 18 2. A surrogacy agreement shall not limit the right of the
6 19 surrogate to make decisions regarding the surrogate's health
6 20 care or that of the embryo or fetus.
6 21 3. After the entry of an order under section 600C.7,
6 22 marriage of the surrogate shall not affect the validity of the
6 23 order, consent of the surrogate's husband to the surrogacy
6 24 agreement is not required, and the surrogate's husband is not
6 25 the father of a resulting child.
6 26 4. A child born to a surrogate within three hundred days
6 27 after assisted conception pursuant to an order entered under
6 28 section 600C.7 is presumed to result from the assisted concep-
6 29 tion. The presumption is conclusive as to all persons who
6 30 have notice of the birth and who do not commence within one
6 31 hundred eighty days after notice, an action to assert the
6 32 contrary in which the child and the parties to the agreement
6 33 are named as parties. The action must be commenced in the
6 34 court that issued the order under section 600C.7.
6 35 5. A health care provider is not liable for recognizing
7 1 the surrogate as the mother before receipt of a copy of the
7 2 order entered under section 600C.7 or for recognizing the
7 3 intended parents as parents after receipt of an order entered
7 4 under section 600C.7.
7 5 Sec. 11. NEW SECTION. 600C.11 PARENT AND CHILD RELATION-
7 6 SHIP &endash; STATUS OF CHILD.
7 7 1. A child whose status as a child is determined under
7 8 this chapter is the child only of the child's parents as
7 9 determined under this chapter.
7 10 2. Unless superseded by subsequent actions forming or
7 11 terminating a parent and child relationship, the status of
7 12 parent and child determined by this chapter is applicable for
7 13 purposes of all of the following:
7 14 a. Intestate succession.
7 15 b. Probate law exemptions, allowances, or other protec-
7 16 tions for children in a parent's estate.
7 17 c. Determining eligibility of the child or the child's
7 18 descendants to share in a donative transfer from any person as
7 19 a member of a class determined by reference to the relation-
7 20 ship.
7 21 Sec. 12. APPLICABILITY. This chapter applies to surrogacy
7 22 agreements entered into on or after the effective date of this
7 23 Act.
7 24 EXPLANATION
7 25 This bill establishes provisions for surrogacy procedures.
7 26 The bill provides definitions including the definition of
7 27 "intended parents" which requires that the intended parents of
7 28 a child born to a surrogate must be married to each other.
7 29 The bill also defines maternity and paternity of a child born
7 30 through assisted conception under a surrogacy agreement,
7 31 provides requirements for a surrogacy agreement, and requires
7 32 approval of a surrogacy agreement by a court prior to
7 33 initiation of assisted conception under such an agreement.
7 34 The court-related provisions include the holding of a hearing
7 35 on the petition for approval of the agreement, the conditions
8 1 which the court must find in order to approve an agreement, a
8 2 requirement that the hearing be held in camera and that all
8 3 court records are to remain confidential, and that, if the
8 4 agreement is approved, the assisted conception must take place
8 5 within 12 months of the issuing of the order. The bill
8 6 provides for the termination of a surrogacy agreement if any
8 7 of the parties, following approval of the agreement but prior
8 8 to the surrogate conceiving through assisted conception,
8 9 provides written notice of termination to all other parties
8 10 and files a notice of termination with the court or if the
8 11 surrogate who has provided an egg for the assisted conception
8 12 under the surrogacy agreement terminates the agreement by
8 13 filing written notice with the court within 180 days after the
8 14 last insemination. The bill establishes parentage under a
8 15 surrogacy agreement including that upon the birth of the child
8 16 to a surrogate, the intended parents of the child are the
8 17 child's parents unless the court vacates the order approving
8 18 the agreement; or if the surrogate provides notice of
8 19 termination of the agreement and the court approves the
8 20 termination, the surrogate is the mother of the child and the
8 21 surrogate's husband is the father of the child or if the
8 22 surrogate is not married, paternity is established under
8 23 existing paternity establishment law. The bill also provides
8 24 that a surrogacy agreement may provide for the payment of
8 25 consideration, provides a prohibition against limitation of
8 26 the rights of the surrogate to make decisions regarding the
8 27 surrogate's health care or that of the embryo or fetus,
8 28 provides that after the entry of an order approving a
8 29 surrogacy agreement marriage of the surrogate does not affect
8 30 the validity of the order, the consent of the surrogate's
8 31 husband is not required and the surrogate's husband is not the
8 32 father of the child, and provides that a child born to a
8 33 surrogate within 300 days of assisted conception is presumed
8 34 to result from the assisted conception. The bill also
8 35 establishes that the parent-child relationship established
9 1 under a surrogacy agreement applies for the purposes of
9 2 intestate succession, probate law exemptions, allowances, or
9 3 other protections for children in a parent's estate, and for
9 4 the purposes of donative transfer. The bill applies to
9 5 surrogacy agreements on or after the effective date of the
9 6 Act.
9 7 LSB 1799SC 76
9 8 pf/jw/5
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