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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 "Human
1 3 Reproductive Technologies and Surrogacy Act". The purpose of
1 4 this chapter is to determine the legal status of children born
1 5 as a result of artificial insemination, in vitro
1 6 fertilization, and surrogacy; to provide for the regulation of
1 7 and access to these reproductive technologies and surrogacy;
1 8 and to establish standards and procedural safeguards to ensure
1 9 that these technologies and surrogacy are used in the best
1 10 interest of the resulting children.
1 11 Sec. 2. NEW SECTION. 600C.2 DEFINITIONS.
1 12 As used in this chapter, unless the context otherwise re-
1 13 quires:
1 14 1. "Birth mother" means a woman who gestates an embryo
1 15 conceived by insemination, in vitro fertilization, or as a
1 16 result of a surrogacy arrangement.
1 17 2. "Donor" means an individual who contributes the
1 18 individual's gametes for the purpose of insemination, in vitro
1 19 fertilization, or implantation in another, or a woman who
1 20 contributes a preembryo.
1 21 3. "Gamete" means either the ovum or the spermatozoa.
1 22 4. "Health care provider" means an individual who is
1 23 licensed, certified, or otherwise authorized to administer
1 24 health care in the ordinary course of business or in the
1 25 practice of a profession.
1 26 5. "Informed consent" occurs when an individual, while
1 27 exercising care for the individual's own welfare, makes a
1 28 decision regarding whether to participate in a proposed
1 29 medical procedure or contractual arrangement that is based on
1 30 a full awareness of the relevant facts. The relevant facts
1 31 include the attendant medical and psychological risks; the
1 32 attendant legal, financial, and contractual rights and
1 33 obligations; and the available alternatives, including the
1 34 alternative of not participating in any procedure or
1 35 arrangement and each alternative's attendant risks and
2 1 obligations.
2 2 6. "Insemination" means introduction of semen into a
2 3 woman's vagina, cervical canal, or uterus through noncoital
2 4 means.
2 5 7. "Intended parents" means individuals who are the
2 6 "intended father" and "intended mother" who are married to
2 7 each other and who, complying with the requirements of this
2 8 chapter, enter into a surrogacy contract with a surrogate by
2 9 which they are to become the parents of the resulting child.
2 10 8. "In vitro fertilization" means all procedures necessary
2 11 to effectuate either of the following:
2 12 a. The extracorporeal combining of gametes to allow
2 13 fertilization to occur.
2 14 b. The transfer of a preembryo into the uterine cavity.
2 15 9. "Licensed person" means a person licensed or authorized
2 16 by the Iowa department of public health pursuant to section
2 17 600C.25 to engage in the collection, storage, or use of
2 18 gametes and preembryos.
2 19 10. "Partner" means an individual who is not the
2 20 recipient's husband, who is specified by an insemination
2 21 recipient or a preembryo transfer recipient to share equally
2 22 the rights and responsibilities of parenthood for any
2 23 resulting child.
2 24 11. "Preembryo" means the cell mass that results from
2 25 fertilization of an ovum prior to implantation.
2 26 12. "Surrogacy" or "surrogacy arrangement" means any
2 27 arrangement by which a surrogate agrees to be impregnated by
2 28 noncoital means, using either the intended father's
2 29 spermatozoa or the intended mother's ovum, or both, with the
2 30 intent that the intended parents are to become the parents of
2 31 the resulting child after the child's birth.
2 32 13. "Surrogate" means a woman other than the intended
2 33 mother who agrees, pursuant to a surrogacy contract, to bear a
2 34 child for intended parents.
2 35 14. "Surrogate contract" means an agreement that complies
3 1 with the requirements of sections 600C.14 through 600C.19.
3 2 Sec. 3. NEW SECTION. 600C.3 MOTHER-CHILD RELATIONSHIP.
3 3 Except as otherwise provided in this chapter, a woman is
3 4 the mother of a child to whom the woman has given birth.
3 5 Sec. 4. NEW SECTION. 600C.4 FATHER-CHILD RELATIONSHIP.
3 6 1. For the purposes of this chapter, a man is presumed to
3 7 be the father of a child if any of the following conditions
3 8 exist:
3 9 a. The man and the child's mother are or have been married
3 10 to each other and the child is born or conceived during the
3 11 marriage.
3 12 b. Before or after the child's birth, the man and the
3 13 child's mother have attempted to marry each other although the
3 14 marriage is contracted in violation of section 595.3 or
3 15 595.19, and the child is born or conceived during the time of
3 16 the attempted marriage.
3 17 c. At least one of the following conditions applies:
3 18 (1) The man has acknowledged the man's paternity of the
3 19 child, in writing, and has filed the acknowledgement with the
3 20 state registrar of vital statistics.
3 21 (2) With the man's consent, the man is named as the
3 22 child's father on the child's birth certificate.
3 23 (3) The man is obligated to support the child under a
3 24 written voluntary promise or by court order.
3 25 d. While the child is under the age of majority, the man
3 26 receives the child into the man's home and openly holds the
3 27 child out as the man's child.
3 28 e. As an unmarried donor of spermatozoa for use in
3 29 insemination or in vitro fertilization, the man and an
3 30 unmarried woman, who under section 600C.3 is the mother of the
3 31 child, follow the procedures in section 600C.12 or 600C.13 and
3 32 agree in writing prior to the procedure that the donor is the
3 33 father.
3 34 2. A presumption under subsection 1 may be rebutted in an
3 35 appropriate action only by clear and convincing evidence. The
4 1 existence of the father-child relationship presumed under
4 2 subsection 1 is not, however, rebutted by evidence that the
4 3 child was conceived by means of insemination or in vitro
4 4 fertilization so long as the presumptive father complies with
4 5 the requirements of section 600C.12 or 600C.13. In the
4 6 absence of compliance with this chapter, the presumptive
4 7 father's consent is conclusively presumed by the father's
4 8 failure to object to paternity within thirty days after the
4 9 presumptive father knew or should have known of the child's
4 10 birth. The presumption is rebutted by a court decree
4 11 establishing paternity of the child by another man.
4 12 Sec. 5. NEW SECTION. 600C.5 TERMINATION AND TRANSFER OF
4 13 PARENTAL RIGHTS TO INTENDED PARENTS.
4 14 Parental rights established under this chapter are
4 15 terminated and transferred to the intended parents or to the
4 16 surrogate and the surrogate's husband, if any, pursuant to
4 17 sections 600C.14 through 600C.19.
4 18 Sec. 6. NEW SECTION. 600C.6 EFFECT OF NONCOMPLIANCE.
4 19 Noncompliance with the requirements of this chapter shall
4 20 not preclude the determination of parenthood in accordance
4 21 with this chapter, and breach of a judicially authorized
4 22 surrogacy contract shall not preclude transfer of parentage
4 23 under section 600C.16.
4 24 Sec. 7. NEW SECTION. 600C.7 HEALTH CARE DECISIONS
4 25 CONCERNING THE FETUS.
4 26 1. All decisions regarding the health of the birth mother
4 27 and the fetus are to be made by the birth mother.
4 28 2. In the case of surrogacy, after birth of a child and
4 29 prior to the expiration of the seventy-two-hour period
4 30 specified in section 600C.17 or prior to a surrogate's
4 31 election to retain parental rights to the child, health care
4 32 decisions shall be made by the birth mother or, in the event
4 33 of the birth mother's disability, by the intended parents,
4 34 unless the surrogacy contract otherwise provides.
4 35 Sec. 8. NEW SECTION. 600C.8 LEGITIMACY.
5 1 If, under the provisions of this chapter, a parent-child
5 2 relationship is created between two individuals, the child is
5 3 considered the legitimate child of the parent.
5 4 Sec. 9. NEW SECTION. 600C.9 PARENTS' DUTY TO SUPPORT.
5 5 An individual who is determined to be the parent of a child
5 6 under this chapter shall support the child.
5 7 Sec. 10. NEW SECTION. 600C.10 DUTY OF OTHERS FOR
5 8 SUPPORT.
5 9 1. If the parties who are involved in an insemination, in
5 10 vitro fertilization, or a surrogacy arrangement do not
5 11 substantially comply with the applicable provisions of this
5 12 chapter, in addition to the support obligations determined
5 13 under section 600C.9, the court may impose a support
5 14 obligation on any one of the following:
5 15 a. The spermatazoa donor, in the case of insemination.
5 16 b. The gamete donors, in the case of in vitro
5 17 fertilization.
5 18 c. The intended parents or surrogate, in a surrogacy
5 19 arrangement.
5 20 2. In imposing the support obligation under this section,
5 21 the court may consider the seriousness of and the reasons for
5 22 noncompliance in order to determine which of the parties, if
5 23 any, should be liable for support.
5 24 3. If any person willfully fails to comply with the
5 25 provisions of this chapter, as determined under section
5 26 600C.24, and the effect is the authorization of a procedure in
5 27 violation of this chapter, the person may be liable for
5 28 support of the resulting child.
5 29 Sec. 11. NEW SECTION. 600C.11 INTESTATE AND TESTATE
5 30 SUCCESSION.
5 31 1. Subject to the provisions of subsection 2, a child is
5 32 considered a child only of the child's parent or parents as
5 33 determined under this chapter for purposes of all of the
5 34 following:
5 35 a. Intestate succession.
6 1 b. Taking against the will of any individual.
6 2 c. Taking under the will of any individual, unless the
6 3 will otherwise provides.
6 4 d. Being entitled to any support or similar allowance
6 5 during the administration of a parent's estate.
6 6 2. For purposes of subsection 1, a child born of a
6 7 surrogate is either one of the following:
6 8 a. The child of the intended parents from the moment of
6 9 the child's birth unless within seventy-two hours of the birth
6 10 of the child the surrogate gives notice of the surrogate's
6 11 intent to retain parental rights pursuant to section 600C.17.
6 12 b. The child of the surrogate, and the surrogate's
6 13 husband, if any, or if the surrogate is not married, the man
6 14 presumed to be the father under section 600C.4, subsection 1,
6 15 if the surrogate gives notice of the surrogate's intent to
6 16 retain parental rights pursuant to section 600C.17.
6 17 Sec. 12. NEW SECTION. 600C.12 ELIGIBILITY &endash;
6 18 INSEMINATION.
6 19 Insemination shall be performed in accordance with rules
6 20 adopted by the Iowa department of public health and shall be
6 21 available only to a woman who meets all of the following
6 22 criteria:
6 23 1. Is eighteen years of age or older.
6 24 2. If unmarried, successfully completes the nonmedical
6 25 evaluation pursuant to section 600C.20, and who, whether or
6 26 not married, successfully completes the medical evaluation
6 27 pursuant to section 600C.21, receives appropriate counseling
6 28 pursuant to section 600C.22, and provides written
6 29 certification of the counseling and any evaluation to the
6 30 licensed person performing the insemination procedure.
6 31 3. Whose partner, or husband if the recipient is married,
6 32 receives appropriate counseling pursuant to section 600C.22
6 33 and meets all of the following criteria:
6 34 a. Successfully completes the medical evaluation pursuant
6 35 to section 600C.21, if the man is the gamete donor in the
7 1 insemination procedure, and, in the case of a partner,
7 2 successfully completes the nonmedical evaluation pursuant to
7 3 section 600C.20.
7 4 b. Provides written certification of the counseling and
7 5 any evaluation to the licensed person performing the
7 6 insemination procedure.
7 7 c. Indicates, by a writing, acceptance of the legal rights
7 8 and responsibilities of parenthood for any resulting child
7 9 except for a husband who contributes the husband's sperm for
7 10 the insemination procedure.
7 11 Sec. 13. NEW SECTION. 600C.13 ELIGIBILITY &endash; IN VITRO
7 12 FERTILIZATION.
7 13 In vitro fertilization shall be performed in accordance
7 14 with rules adopted by the Iowa department of public health and
7 15 shall be available only to a woman who meets all of the
7 16 following criteria:
7 17 1. Is eighteen years of age or older.
7 18 2. If unmarried, successfully completes the nonmedical
7 19 evaluation pursuant to section 600C.21, and who, whether or
7 20 not married, successfully completes the medical evaluation
7 21 pursuant to section 600C.21, receives counseling pursuant to
7 22 section 600C.22, and provides written certification of the
7 23 counseling and any evaluation to the licensed person
7 24 performing the in vitro fertilization procedure.
7 25 3. Whose partner, or husband if the recipient is married,
7 26 receives appropriate counseling pursuant to section 600C.22
7 27 and meets all of the following criteria:
7 28 a. Successfully completes the medical evaluation pursuant
7 29 to section 600C.21, if the man is the gamete donor in the in
7 30 vitro fertilization procedure, and, in the case of a partner,
7 31 successfully completes the nonmedical evaluation pursuant to
7 32 section 600C.20.
7 33 b. Provides written certification of the counseling and
7 34 any evaluation to the licensed person performing the in vitro
7 35 fertilization procedure.
8 1 c. Indicates, by a writing, acceptance of the legal rights
8 2 and responsibilities of parenthood for any resulting child
8 3 except for a husband who contributes the husband's sperm for
8 4 the in vitro fertilization procedure.
8 5 Sec. 14. NEW SECTION. 600C.14 REGULATORY PROCEDURES &endash;
8 6 SURROGACY.
8 7 1. A surrogate arrangement is lawful only if it is in
8 8 conformity with the requirements of this chapter and if, prior
8 9 to the procedure to impregnate the surrogate all of the
8 10 following criteria are met:
8 11 a. The licensed person performing the procedure receives
8 12 written certification that the parties have successfully
8 13 completed the medical and nonmedical evaluations and
8 14 counseling required pursuant to sections 600C.20 through
8 15 600C.22.
8 16 b. The surrogate arrangement has been judicially
8 17 authorized pursuant to section 600C.16.
8 18 c. All parties to the surrogacy contract provide the
8 19 licensed person performing the procedure with written
8 20 indication of their informed consent to the arrangement.
8 21 2. The procedure to impregnate a surrogate shall be
8 22 performed only in accordance with rules adopted by the Iowa
8 23 department of public health.
8 24 Sec. 15. NEW SECTION. 600C.15 ELIGIBILITY &endash; SURROGACY
8 25 ARRANGEMENTS.
8 26 1. All parties to a surrogacy contract shall be eighteen
8 27 years of age or older.
8 28 2. The intended mother and the intended father shall be
8 29 married to each other.
8 30 3. The intended mother shall be medically determined to be
8 31 physiologically unable to bear a child without serious risk to
8 32 the intended mother's health or to the child's health.
8 33 4. The intended mother or the intended father shall
8 34 provide a gamete to be used to impregnate the surrogate.
8 35 5. The intended mother or the surrogate shall provide the
9 1 ovum.
9 2 6. A woman shall not be a surrogate unless the woman has a
9 3 documented medical history of at least one pregnancy and
9 4 delivery.
9 5 Sec. 16. NEW SECTION. 600C.16 JUDICIAL AUTHORIZATION.
9 6 1. A petition for authorization of a surrogacy arrangement
9 7 shall be brought in the district court for the district in
9 8 which the surrogate resides at the time the petition is filed.
9 9 2. a. Prior to insemination or in vitro fertilization of
9 10 a surrogate, the parties to a surrogacy contract shall jointly
9 11 petition the court for judicial authorization of the surrogacy
9 12 arrangement.
9 13 b. The petition shall contain all of the following:
9 14 (1) The full name, age, place, and duration of residence
9 15 of each petitioner.
9 16 (2) The date and place of the intended parent's marriage.
9 17 (3) The date and place of the marriage, if any, of the
9 18 surrogate and the surrogate's husband.
9 19 (4) A copy of the duly executed surrogacy contract.
9 20 (5) All required written consents.
9 21 (6) All evaluations and reports required by this chapter.
9 22 (7) The name and address of the licensed person who will
9 23 perform the procedure.
9 24 3. a. After the filing of a petition for authorization,
9 25 the court shall fix a time and place for the hearing to be
9 26 held within thirty days of the filing.
9 27 b. Notice of the filing of the petition and the time and
9 28 place of hearing shall be provided by petitioners at least ten
9 29 days prior to hearing to any person who conducted any
9 30 nonmedical or medical evaluations or counseling pursuant to
9 31 sections 600C.20 through 600C.22.
9 32 4. a. The petitioners shall be present at the hearing.
9 33 b. The parties may offer additional evidence deemed
9 34 relevant by the court, and the court may require the
9 35 submission of additional information as the court deems
10 1 appropriate under the circumstances.
10 2 c. An order validating the surrogacy arrangement shall be
10 3 issued only if, after the hearing, the court finds all of the
10 4 following:
10 5 (1) All parties to the surrogacy contract have provided
10 6 informed consent.
10 7 (2) The surrogacy contract conforms to all of the require-
10 8 ments of section 600C.17 and contains no prohibited or un-
10 9 conscionable terms.
10 10 (3) Evaluations and counseling, pursuant to sections
10 11 600C.20 through 600C.22, have been completed.
10 12 d. The effect of a judicial order validating the surrogacy
10 13 arrangement is the automatic termination of the parental
10 14 rights of the surrogate and the surrogate's husband, if any,
10 15 seventy-two hours after the birth of a child born as a result
10 16 of the arrangement and a vesting of those rights solely in the
10 17 intended parents, unless the surrogate exercises the
10 18 surrogate's rights under section 600C.17 to keep the child, in
10 19 which case any parental rights of the intended parents shall
10 20 be terminated and shall be vested solely in the surrogate and
10 21 the surrogate's husband, if any.
10 22 5. a. All hearings shall be closed to the public. The
10 23 only persons admitted shall be essential officers of the
10 24 court, parties, witnesses, and counsel.
10 25 b. All papers and records pertaining to the surrogacy
10 26 hearing are subject to inspection only upon consent of all
10 27 petitioners or upon a showing of medical necessity supported
10 28 by a court order.
10 29 Sec. 17. NEW SECTION. 600C.17 MANDATORY TERMS OF
10 30 SURROGACY CONTRACT.
10 31 A surrogacy contract shall be signed by the intended
10 32 parents, the surrogate, and, if the surrogate is married, the
10 33 surrogate's husband, and shall include all of the following
10 34 provisions:
10 35 1. The consent of the surrogate that the surrogate will
11 1 release custody of the child or accept the obligation of
11 2 parenthood if the surrogate gives notice of intent to retain
11 3 parental rights as provided under this section.
11 4 2. The consent of the husband of the surrogate, if any,
11 5 that the husband will release custody of the child or accept
11 6 the obligation of parenthood if the surrogate gives notice of
11 7 intent to retain parental rights as provided under this
11 8 section.
11 9 3. The consent of the intended parents that the intended
11 10 parents will accept the obligations of parenthood unless the
11 11 surrogate gives notice of intent to retain parental rights as
11 12 provided in this section.
11 13 4. The right of the surrogate to retain parental rights
11 14 if, at any time prior to seventy-two hours after the birth of
11 15 the child, the surrogate does both of the following:
11 16 a. Executes a signed writing of the surrogate's intention
11 17 to retain parental rights.
11 18 b. Delivers the writing to the intended parents or the at-
11 19 tending physician.
11 20 5. The right under subsection 4 can only be exercised
11 21 personally by the surrogate and cannot be exercised by any
11 22 guardian or other legal representative of the surrogate.
11 23 6. A provision for adequate coverage through insurance or
11 24 otherwise of health care expenses of the surrogate and the
11 25 fetus for the term of the pregnancy and for the surrogate and
11 26 the child for six weeks after the birth of the child or the
11 27 termination of the pregnancy due to complications caused by
11 28 the pregnancy or birth.
11 29 7. If the surrogate receives a fee, a provision that the
11 30 fee will be deposited in an escrow account at a federally
11 31 insured institution prior to a conception and held in escrow
11 32 until either of the following occurs:
11 33 a. Establishment of parenthood in the intended parents.
11 34 b. Termination of the contract before a live birth by
11 35 means other than a breach of the contract by the surrogate.
12 1 In this case, the surrogate shall receive the portion of the
12 2 fee which the parties to the surrogacy contract have provided
12 3 for in the surrogacy contract.
12 4 Sec. 18. NEW SECTION. 600C.18 NO SPECIFIC PERFORMANCE
12 5 REQUIREMENT.
12 6 Specific performance for breach of a surrogacy contract is
12 7 not required if the contract provides for any of the
12 8 following:
12 9 1. Requires the surrogate to be impregnated.
12 10 2. Requires the surrogate to have an abortion.
12 11 3. Prohibits the surrogate from obtaining an abortion.
12 12 Sec. 19. NEW SECTION. 600C.19 DAMAGES &endash; REMEDIES.
12 13 1. The intended parents may recover from the surrogate
12 14 only health care expenses and the fee prescribed in section
12 15 600C.17 if any of the following applies:
12 16 a. The surrogate refuses to be impregnated.
12 17 b. The surrogate has an abortion that is not medically
12 18 necessary without the consent of the intended parents.
12 19 c. The surrogate elects to retain parental rights as
12 20 provided in section 600C.17.
12 21 2. If the surrogate fails to become pregnant through no
12 22 fault of any party within nine months after the surrogacy
12 23 contract has been judicially authorized pursuant to section
12 24 600C.16, the contract is voidable at the option of any party.
12 25 3. If the intended parents breach a material term of the
12 26 contract, the surrogate may do all of the following:
12 27 a. Recover health care expenses that the intended parents
12 28 were required to pay.
12 29 b. Collect the fee if a fee is provided for in the
12 30 contract.
12 31 c. If the breach is refusal to accept custody of the
12 32 child, the surrogate may file notice of intent to retain
12 33 parental rights pursuant to section 600C.17 and the intended
12 34 parents may be liable for support of the child.
12 35 Sec. 20. NEW SECTION. 600C.20 NONMEDICAL EVALUATION.
13 1 1. A nonmedical evaluation shall be performed by a person
13 2 authorized by the Iowa department of public health who shall
13 3 maintain a record of the findings and conclusions and make a
13 4 copy of them available only to the party evaluated.
13 5 2. The person conducting the nonmedical evaluation shall
13 6 determine the party's suitability to parent by considering all
13 7 of the following, in accordance with rules adopted by the Iowa
13 8 department of public health:
13 9 a. The ability and disposition of the party being
13 10 evaluated to give a child love, affection, and guidance.
13 11 b. The ability and disposition of the party being
13 12 evaluated to provide a child with food, clothing, shelter,
13 13 medical care, and other basic necessities.
13 14 c. Any other factors required by rule of the Iowa
13 15 department of public health.
13 16 Sec. 21. NEW SECTION. 600C.21 MEDICAL EVALUATION.
13 17 1. A gamete shall not be used in an insemination or in
13 18 vitro fertilization procedure unless the gamete donor has been
13 19 medically evaluated and the results, documented in accordance
13 20 with rules adopted by the Iowa department of public health,
13 21 demonstrate the medical acceptability, in accordance with the
13 22 rules adopted, of the party as a gamete donor.
13 23 2. A woman shall not undergo an insemination or in vitro
13 24 fertilization procedure under this chapter, unless the woman
13 25 has been medically evaluated and the results, documented in
13 26 accordance with rules adopted by the Iowa department of public
13 27 health, demonstrate the medical acceptability, in accordance
13 28 with the rules adopted, of the woman to undergo the
13 29 insemination or in vitro fertilization procedure.
13 30 3. Until such time as the Iowa department of public health
13 31 adopts rules, medical evaluations shall be made in accordance
13 32 with the relevant sections of the guidelines published by the
13 33 American fertility society as provided by the department.
13 34 Sec. 22. NEW SECTION. 600C.22 COUNSELING.
13 35 For any procedure conducted under this chapter, the
14 1 prospective parents of a resulting child and, for a surrogacy
14 2 arrangement, all parties to the surrogacy contract shall
14 3 receive counseling by a mental health care professional who is
14 4 deemed qualified pursuant to rules adopted by the Iowa
14 5 department of public health.
14 6 Sec. 23. NEW SECTION. 600C.23 IMMUNITIES.
14 7 1. A person shall not be subject to civil or criminal lia-
14 8 bility for nonnegligent actions taken or omissions made if the
14 9 acts or omissions are made in good faith to comply with the
14 10 requirements of this chapter.
14 11 2. A health care provider or a licensed person, whose
14 12 actions under this chapter are in accordance with reasonable
14 13 medical standards, shall not be subject to criminal or civil
14 14 liability or discipline for unprofessional conduct with
14 15 respect to those actions.
14 16 Sec. 24. NEW SECTION. 600C.24 LIABILITIES.
14 17 1. A person who acts in willful noncompliance with this
14 18 chapter is subject to all of the following:
14 19 a. Is guilty of a serious misdemeanor.
14 20 b. Is liable for resulting damages.
14 21 c. May be jointly and severally liable for child support
14 22 to the resulting child.
14 23 2. The sanctions provided in this section are in addition
14 24 to any other sanctions provided under law.
14 25 Sec. 25. NEW SECTION. 600C.25 LICENSURE AND REGULATION
14 26 OF COLLECTION AND STORAGE OF HUMAN GAMETES AND PREEMBRYOS.
14 27 The Iowa department of public health shall adopt rules to
14 28 establish standards and to govern the licensure or
14 29 authorization of persons who engage in the collection,
14 30 storage, or use of gametes and preembryos for the uses
14 31 provided under this chapter.
14 32 Sec. 26. NEW SECTION. 600C.26 RECORDKEEPING.
14 33 1. The Iowa department of public health shall require all
14 34 licensed persons to keep records in accordance with section
14 35 600C.34.
15 1 2. The Iowa department of public health shall periodically
15 2 review the records for accuracy and completeness to assess the
15 3 licensed person's compliance with the standards adopted under
15 4 section 600C.25.
15 5 Sec. 27. NEW SECTION. 600C.27 RESTRICTIONS ON USE OF
15 6 PREEMBRYOS.
15 7 1. A preembryo shall not be maintained ex utero beyond
15 8 fourteen days' postfertilization development.
15 9 2. A preembryo that has been donated for use in research
15 10 shall not be transferred to a uterine cavity.
15 11 Sec. 28. NEW SECTION. 600C.28 RIGHTS IN GAMETES AND PRE-
15 12 EMBRYOS.
15 13 Except as provided in sections 600C.29 through 600C.32, a
15 14 person, other than a donor, shall not have rights in a donor's
15 15 gametes or preembryo.
15 16 Sec. 29. NEW SECTION. 600C.29 TRANSFERABILITY OF GAMETES
15 17 AND PREEMBRYOS.
15 18 1. Except as provided in section 600C.31, gametes and
15 19 preembryos may be transferred by a donor only to a licensed
15 20 person.
15 21 2. Gametes and preembryos shall not be transferable by
15 22 will or intestate succession.
15 23 Sec. 30. NEW SECTION. 600C.30 RIGHTS IN TRANSFERRED
15 24 GAMETES AND PREEMBRYOS.
15 25 1. Except as provided in subsection 2, a transfer of
15 26 gametes or preembryos transfers all rights of the transferor
15 27 with respect to the gametes or preembryos.
15 28 2. A person who transfers gametes or preembryos may retain
15 29 rights with respect to the gametes or preembryos consistent
15 30 with the provisions of this chapter by a written agreement
15 31 with the transferee executed prior to the transfer.
15 32 3. All rights of an individual with respect to gametes or
15 33 preembryos terminate at the individual's death.
15 34 4. All rights of any person with respect to a preembryo
15 35 terminate upon implantation.
16 1 5. Unless otherwise provided by written agreement, if two
16 2 gametes are combined and a preembryo is created, each person
16 3 who had rights with respect to either gamete shall have the
16 4 same rights with respect to the preembryo, and conflicting
16 5 rights with respect to the preembryo shall have priority in
16 6 the following order:
16 7 a. Rights of a spermatazoa donor who had retained rights
16 8 with respect to the spermatazoa donor's spermatazoa, or the
16 9 rights of the spermatazoa donor's spouse.
16 10 b. Rights of an ovum donor who had retained rights with
16 11 respect to the ovum donor's ovum, or the rights of the ovum
16 12 donor's spouse.
16 13 c. Rights of a licensed person who had rights with respect
16 14 to the ovum.
16 15 d. Rights of a licensed person who had rights with respect
16 16 to the spermatazoa.
16 17 e. Upon the death or dissolution of the licensed person in
16 18 possession of gametes or preembryos, gametes or preembryos
16 19 shall be disposed of in accordance with section 600C.32.
16 20 Sec. 31. NEW SECTION. 600C.31 TRANSFER OF RIGHTS WITH
16 21 RESPECT TO GAMETES AND PREEMBRYOS.
16 22 1. A person may transfer rights with respect to gametes or
16 23 preembryos by gift or sale, but only by a signed writing, or
16 24 by a simultaneous transfer of the gametes or preembryos
16 25 pursuant to section 600C.30.
16 26 2. Rights with respect to gametes or preembryos shall not
16 27 be transferable by will or intestate succession.
16 28 3. A donor may, prior to the donor's death, transfer
16 29 rights retained by the donor to the spouse of the donor, but
16 30 only if the donor retains no rights after the transfer.
16 31 4. Except as provided in subsection 3, a person may
16 32 transfer rights with respect to gametes or preembryos only to
16 33 a licensed person.
16 34 Sec. 32. NEW SECTION. 600C.32 DISPOSITION OF GAMETES AND
16 35 PREEMBRYOS UPON THE DEATH OR DISSOLUTION OF THE PERSON IN
17 1 POSSESSION.
17 2 1. Gametes and preembryos in the possession of an
17 3 individual shall be destroyed at the time of that individual's
17 4 death.
17 5 2. Gametes and preembryos in the possession of a licensed
17 6 person who is not an individual shall, at the time of that li-
17 7 censed person's dissolution, be disposed of in the following
17 8 ways:
17 9 a. Gametes and preembryos in which no other person has
17 10 rights shall be transferred by gift or sale to a licensed
17 11 person or shall be destroyed.
17 12 b. Gametes and preembryos in which another person has
17 13 rights shall be transferred by gift or sale to a licensed
17 14 person, subject to those rights; or shall be destroyed, if,
17 15 after reasonable efforts to dispose of the gametes and pre-
17 16 embryos under this paragraph, a licensed person does not
17 17 accept them.
17 18 Sec. 33. NEW SECTION. 600C.33 STATUS AS LIVES IN BEING
17 19 &endash; THE RULE AGAINST PERPETUITIES.
17 20 1. For purposes of the rule against perpetuities, an
17 21 individual's life ends at the moment of death even though the
17 22 individual may have gametes or preembryos deposited with a
17 23 licensed or unlicensed person.
17 24 2. For purposes of the rule against perpetuities, a child
17 25 born as a result of insemination or in vitro fertilization is
17 26 the child of the parents determined under the provisions of
17 27 sections 600C.3 through 600C.6 and is a life in being for the
17 28 purpose of testing the validity of interests created by the
17 29 parent, by an ancestor or descendant of the parent, or by any
17 30 other individual, but only if the child was alive at the
17 31 creation of the interest, or was in utero at the time and born
17 32 within three hundred days of the creation of the interest.
17 33 Sec. 34. NEW SECTION. 600C.34 MAINTENANCE AND
17 34 CONFIDENTIALITY OF RECORDS.
17 35 1. The Iowa department of public health shall create a
18 1 central registry where all records under this section and any
18 2 others required by rule shall be maintained.
18 3 2. When a child is born as the result of the procedures
18 4 governed by this chapter, the attending physician shall report
18 5 all of the following information, if available, to the central
18 6 registry, which shall maintain the information in confidence:
18 7 a. The identification of the donor, including name,
18 8 address, and social security number.
18 9 b. The identification of the recipient, including name,
18 10 address, and social security number.
18 11 c. The identification of the surrogate and the surrogate's
18 12 husband, if any, including name, address, and social security
18 13 number.
18 14 d. The identification of any resulting children born from
18 15 the donor.
18 16 e. The county in which each birth occurred.
18 17 f. Other information as the Iowa department of public
18 18 health requires by rule.
18 19 3. Any person who destroys gametes shall notify the
18 20 central registry of that fact, and shall provide other
18 21 information as required by rule.
18 22 4. The Iowa department of public health shall adopt rules
18 23 to establish the entry which will maintain the records, how
18 24 long the records must be maintained, where the records shall
18 25 be kept, and, subject to subsection 5, the circumstances under
18 26 which the records may be disclosed.
18 27 5. a. The identity of gamete or preembryo donors or
18 28 surrogates shall be available only upon a showing of medical
18 29 necessity supported by court order.
18 30 b. The central registry shall notify any donor, any
18 31 surrogate, or the parents of any child born as a result of the
18 32 procedures governed by this chapter, if known, of any
18 33 information the registry acquires that poses a serious risk to
18 34 the health of the child, the donor, the surrogate, or any
18 35 other person. The central registry is immune from any
19 1 liability, civil or criminal, if disclosure of information
19 2 under this paragraph is made in good faith.
19 3 c. The records and information maintained in the central
19 4 registry shall be made available for research under terms and
19 5 conditions as established by rule of the Iowa department of
19 6 public health.
19 7 6. Registration fees shall be determined by rule of the
19 8 Iowa department of public health.
19 9 EXPLANATION
19 10 The bill establishes regulation of insemination and in
19 11 vitro fertilization procedures and surrogacy arrangements.
19 12 The bill provides definitions of terms used throughout the
19 13 bill including the definition of intended parents who, for the
19 14 purposes of a surrogacy arrangement, are married to each
19 15 other. The bill also defines the mother-child and father-
19 16 child relationships involved in these procedures and
19 17 arrangements, and makes provisions for termination and
19 18 transfer of parental rights to intended parents, the results
19 19 of noncompliance with the chapter, the rights of the parties
19 20 involved in making health care decisions concerning the fetus,
19 21 legitimacy of a child, the duty of a parent or other person to
19 22 support a child, and intestate and testate succession.
19 23 The bill establishes criteria for eligibility for
19 24 insemination and in vitro fertilization for a woman, whether
19 25 or not married, and the woman's husband or partner.
19 26 The bill also establishes regulatory procedures and
19 27 eligibility criteria for surrogacy arrangements including that
19 28 the intended parents must be married to each other, that all
19 29 parties to the arrangement must be 18 years of age or older,
19 30 that the intended mother is medically determined to be
19 31 physiologically unable to bear a child without serious risk to
19 32 the intended mother's health or to the child's health, the
19 33 intended mother or intended father must provide a gamete to be
19 34 used to impregnate the surrogate and the intended mother or
19 35 the surrogate must provide the ovum, and the surrogate must
20 1 have a documented medical history of at least one pregnancy
20 2 and delivery. The bill requires that a surrogacy arrangement
20 3 must be authorized by a court prior to the insemination or in
20 4 vitro fertilization of a surrogate, provides for the required
20 5 content of the arrangement and for the judicial proceedings
20 6 including that the hearing on a petition for authorization of
20 7 a surrogate arrangement is to be closed and that all papers
20 8 and records are to be open to inspection only upon consent of
20 9 all petitioners or upon a showing of a medical necessity as
20 10 supported by a court order, and provides for mandatory terms
20 11 of a surrogacy contract.
20 12 The bill provides for exceptions to specific performance
20 13 for breach of a surrogacy contract and provides for the
20 14 awarding of limited damages and remedies in certain cases.
20 15 The bill also establishes the elements of the nonmedical and
20 16 medical evaluations and the counseling of parties to
20 17 insemination and in vitro fertilization procedures, whether or
20 18 not a surrogacy arrangement is involved. The bill also
20 19 provides for immunity for a person from civil and criminal
20 20 liability for nonnegligent actions taken or omissions made in
20 21 good faith compliance with the chapter and provides that if a
20 22 health care provider or licensed person acts in accordance
20 23 with reasonable medical standards, the provider or licensed
20 24 person is not subject to any criminal or civil liability or to
20 25 discipline for unprofessional conduct with respect to those
20 26 actions. The bill establishes liabilities for persons who act
20 27 in willful noncompliance with the chapter.
20 28 In addition, the bill provides for licensure and regulation
20 29 of the collection and storage of human gametes and preembryos
20 30 by establishing standards, by rule, for collection and
20 31 storage, providing for recordkeeping, providing for
20 32 restrictions on use of preembryos, and by establishing the
20 33 rights to gametes and preembyos prior to and after transfer
20 34 with respect to the various parties involved in the donation,
20 35 transfer, collection, and storage of gametes and preembryos.
21 1 The bill also makes provisions for the application of the
21 2 rule against perpetuities to gametes and preembryos and for
21 3 maintenance and confidentiality of the records maintained
21 4 under the chapter.
21 5 LSB 1937SC 76
21 6 pf/jw/5
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