Struck = removed from the bill ยท
added = the amendment's new text.
HLSHCAHCR113 26RS-51984465 ENGROSSED5817 HOUSE COMMITTEE AMENDMENTS Regular Session HOUSEAmendments CONCURRENTproposed RESOLUTIONby NO.House Committee on Health and Welfare to Original House Concurrent Resolution No.
113 BYby REPRESENTATIVERepresentative TERRYTerryLandry LANDRYAMENDMENT HEALTH:NO.
Creates1 aOn taskpage force4, todelete studythelines regulation6 of gestational carrier agreements A CONCURRENT RESOLUTION To create the Task Force on Gestational Carrier Agreements and Assisted7 Reproductivein Regulationtheir toentirety studyAMENDMENT theNO. implementation and regulation of gestational carrier agreements in this state.
WHEREAS,2 advancesOn inpage assisted4, reproductiveline technology8, andchange fertility"(12)" treatmentto haveincreasedtheuseofgestationalcarrierarrangementsthroughouttheUnitedStates;and"(11)" WHEREAS,AMENDMENT LouisianaNO. law presently contains provisions governing in vitro fertilization and human embryos pursuant to R.S.
9:1213 throughOn 133,page but4, doesline not10, providechange a"(13)" comprehensiveto legal"(12)" orPage regulatory1 frameworkof governing1 gestationalCODING: carrier agreements;
andWordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored WHEREAS,are issuesadditions. related to gestational carrier arrangements implicate matters of public health, family law, medical ethics, informed consent, parentage, child welfare, privacy protections, and constitutional and federal nondiscrimination requirements;
and WHEREAS, the legislature recognizes the importance of protecting the health, safety, dignity, and legal rights of gestational carriers, intended parents, and children born through assisted reproductive arrangements;
and WHEREAS, the legislature further recognizes the need for multidisciplinary study and stakeholder input prior to the consideration of comprehensive legislation concerning gestational carrier agreements and assisted reproductive regulation in Louisiana.
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113 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby establish and provide for the Task Force on Gestational Carrier Agreements and Assisted Reproductive Regulation to study the implementation and regulation of gestational carrier agreements in this state, and may propose recommendations, together with specific proposals, for legislation.
Anyrecommendationsor proposals shall be submitted bywritten reporttothelegislatureandtotheDavidR.PoynterLegislativeResearchLibraryasrequired by R.S.
24:771 and 772.
BE IT FURTHER RESOLVED that the legislature recommends that the task force include consideration of all of the following:
(1) Whether and how this state should recognize and regulate gestational carrier agreements.
(2) Development of a regulatory framework consistent with the Human Embryo Statutes, R.S.
9:121 through 133.
(3) Compliance with applicable federal nondiscrimination and privacy laws, including the Affordable Care Act, the Americans with Disabilities Act, and the Health Insurance Portability and Accountability Act.
(4) Appropriate regulatory authority and oversight responsibilities among the Louisiana Department of Health, the courts, the Department of Justice, and other state agencies.
(5) Financialeligibilitystandards, escrow requirements, compensation protections, and related safeguards for gestational carriers that protect participants without creating discriminatory barriers.
(6) Standards governing informed consent and medical decision-making authority during assisted reproductive and gestational carrier arrangements.
(7) Developmentofdatacollection,reporting,andrecordretentionstandardsrelating to gestational carrier arrangements and assisted reproductive practices.
(8) Ethical considerations relating to reproductive medicine, familyformation, and maternal and child health.
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113 (9) Developmentofacomprehensivelegalandregulatoryframeworkgoverningthe ethical creation, licensure oversight, and operation of private gestational carrier agencies in this state.
(10) Procedures for the establishment of legal parentage and judicial recognition of intended parents in gestational carrier arrangements.
(11) Birthcertificateissuanceandamendmentproceduresforchildrenbornpursuant to gestational carrier agreements.
(12) A review of regulatory and statutory frameworks adopted in other states governing gestational carrier agreements and assisted reproductive technology.
(13) Recommendations regarding judicial procedures, venue, confidentiality protections, and evidentiarystandards applicable to gestational carrier proceedings.
(14) The interaction between gestational carrier agreements and existing state laws governing in vitro fertilization, embryo disposition, and juridical persons.
BE IT FURTHER RESOLVED that the task force shall consist of the following members:
(1) One member who is the secretaryof the Louisiana Department of Health or his designee.
(2) One member who is the attorneygeneral or his designee.
(3) One member who is the secretary of the Department of Children and Family Services or his designee.
(4) One member who is the assistant secretaryof the office on women's health and community health or his designee.
(5) One member who is a healthcare professional specializing in maternal and fetal health care appointed bythe speaker of the House of Representatives.
(6) One member who is a board-certified maternal-fetal medicine physician appointed by the speaker of the House of Representatives.
(7) One member who is a licensed attorney with expertise in family law and reproductive law appointed bythe speaker of the House of Representatives.
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113 (8) One member who is a representative of the Louisiana State Law Institute with expertiseinfamilylaworpersonslawappointedbythepresidentoftheLouisianaStateLaw Institute.
(9) One member who is a licensed psychologist or licensed professional counselor with experience in third-party reproduction appointed by the speaker of the House of Representatives.
(10) One member who advocates for reproductive rights appointed by the speaker of the House of Representatives.
(11) One member appointed by the chair of the House Committee on Health and Welfare.
(12) One member appointed by the chair of the Senate Committee on Health and Welfare.
BE IT FURTHER RESOLVED that the chair of the task force shall be selected by a majority vote of the members of the task force.
BE IT FURTHER RESOLVED that a majority of the task force shall constitute a quorum for the transactionofbusiness, andallofficial actions of the task forceshall require the affirmative vote of a majorityof the members.
BEITFURTHER RESOLVEDthatthetaskforceshallconveneforitsfirstmeeting no later than September 1, 2026.
BE IT FURTHER RESOLVED that the task force shall be staffed by the Louisiana Department of Health.
BE IT FURTHER RESOLVED that in conducting this study the task force is encouraged to seek input and advice from members of the judiciary, medical licensing boards, fertility clinics, legal scholars, bioethicists, vital records officials, and any other stakeholders the task force deems necessary.
BE IT FURTHER RESOLVED that the Rules of Order of the House of Representatives or applicable Joint Rules shall apply to all meetings of the task force.
BE IT FURTHER RESOLVED that the members of the task force shall serve without compensation, except per diem or expense reimbursement to which they may be individually entitled as members of their constituent organizations.
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113 BEITFURTHERRESOLVEDthatmeetingsofthetaskforceshallbesubjecttothe Open Meetings Law, R.S.
42:11 et seq., and records of the task force shall be subject to the Public Records Law, R.S.
44:1 et seq.
BE IT FURTHER RESOLVED that all members of the task force shall receive written agenda materials and issue memoranda in advance of each meeting.
BE IT FURTHER RESOLVED that the task force shall submit its final written report,includingfindings,recommendations,andproposedstatutorylanguage,notlaterthan February 15, 2027.
BE IT FURTHER RESOLVED that the task force shall terminate upon submission of its final report or February 28, 2027, whichever occurs first.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the secretary of the Louisiana Department of Health, the attorney general, the secretary of the Department of Children and Family Services, and the executive director of the Louisiana Conference of Catholic Bishops.
DIGEST ThedigestprintedbelowwaspreparedbyHouseLegislative Services.
It constitutes nopart of the legislative instrument.
The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent.
[R.S.
1:13(B) and 24:177(E)] HCR 113 Engrossed 2026 Regular Session Terry Landry Creates the Task Force on Gestational Carrier Agreements and Assisted Reproductive Regulation to study the implementation and regulation of gestational carrier agreements in this state.
Requires the task force to submit a report byFeb.
15, 2027.
Summary of Amendments Adopted by House The Committee Amendments Proposed byHouse Committee on Health and Welfare to the original bill:
1.
Remove the member of the Task Force on Gestational Carrier Agreements and Assisted Reproductive Regulation who is a representative of the Louisiana Conference of Catholic Bishops.
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