HCS/SB 684 - This act modifies provision relating to foreign adoption orders and embryo transfers.
FOREIGN ADOPTION ORDERS
This act corrects a technical error in an adoption statute that relates to the process for recognition of foreign adoption orders. The statute currently has a wrong reference to another statute. SECTION 453.170
This provision is identical to the perfected version of SB 684 (2010).
EMBRYO TRANSFER ACT
This act authorizes a legal embryo custodian to relinquish all rights and responsibilities for an embryo to a recipient intended parent prior to an embryo transfer. A legal embryo custodian must have a written contract with each recipient intended parent prior to an embryo transfer for the legal transfer of rights to an embryo and to any child who may result from the transfer.
The contract shall include the designation by the recipient intended parent of an agent who is authorized to act on behalf of the parent and shall be signed by each legal embryo custodian for the embryo and by each recipient intended parent. The contract nullifies any prior written agreement regarding the disposition of the embryo. If the embryo was created using donor sperm and egg, the rights to an embryo created by an in vitro fertilization clinic will be irrevocably relinquished to an agent of the clinic.
Prior to the creation of an embryo, the legal embryo custodian shall establish that the embryo donor has tested negative for all infectious diseases and designate a legal embryo custodian for the embryo who is authorized to act in the event of the death or incapacitation of the person or persons creating the embryo.
Upon embryo relinquishment by each legal embryo custodian, the legal transfer of rights to an embryo shall be considered complete, and the embryo transfer will be authorized. A child born to a recipient intended parent as the result of the embryo relinquishment will be presumed to be the legal child of the recipient intended parent if each legal embryo custodian and each recipient intended parent has entered into a written contract. A completed embryo transfer contract shall terminate any future parental rights and responsibilities of any past or present legal embryo custodian or sperm or egg donor in a child which results from the embryo transfer and vest the rights and responsibilities in the recipient intended parent. SECTIONS 453.250, 453.252, and 453.256
This act is identical to HCS/HB 2384 (2010).