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PAG LIN 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 – 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 – 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 – 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 bill. 9 7 LSB 1725HC 77 9 8 pf/jw/5
Text: HSB00015 Text: HSB00017 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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