SDLRC - 2020 House Bill 1096 - SD Legislature prohibit commercial surrogacy contracts and provide a penalty for facilitating a commercial surrogacy.
An Act to prohibit commercial surrogacy
contracts and provide a penalty for facilitating a commercial
it enacted by the Legislature of the State of South Dakota:
Section 1. That a NEW SECTION be added:
used in this chapter mean:
a person, agency, association, corporation, partnership, institution,
society, or organization, that knowingly seeks to introduce or to
match a mother with a commercial surrogacy recipient, for the purpose
of initiating, assisting or facilitating a commercial surrogacy;
the woman who carries a child or children in her womb and gives birth
to the child or children, whether or not the woman is genetically
related to the child;
surrogacy recipient," a person, whether or not genetically
related to the child, born as a result of a commercial surrogacy, who
intends to obtain custody of the child pursuant to the commercial
surrogacy following the child's birth;
"Commercial surrogacy," a contract, whether written or
to which any person offers, gives, or receives any money or other
consideration or thing of value;
is entered into by two or more persons, including the mother or a
commercial surrogacy recipient, who agree, prior to insemination, or
in the case of an implanted embryo or embryos, prior to embryo
transfer or implantation, to participate in the creation of a child;
the intent that the commercial surrogacy recipient or a person other
than the mother will obtain custody of the child.
Section 2. That a NEW SECTION be added:
25-11-2. Facilitating a Surrogacy--Prohibition--Violation as
broker who knowingly engages in, advertise services for, offers
payment of money or other consideration for, profits from, solicits a
woman for, or otherwise assists or participates in commercial
surrogacy is guilty of a Class 1 misdemeanor. The provisions of this
section do not apply to the mother; a health care provider, as
defined in § 34-12D-1, that provides health care to a
mother or child after conception; or to any person who pays the
health care expenses of a mother or child.
Section 3. That a NEW SECTION be added:
25-11-3. Surrogacy Contracts--Unenforceable.
commercial surrogacy, whether entered into in this state, or in any
other state, is unenforceable and void in this state.
Catchlines are not law.
(§ 2-16-13.1) Underscores
indicate new language.
indicate deleted language.