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91_HB0818
LRB9104812DJcd
1 AN ACT concerning waiver of rights by gamete donors.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Gamete Donor Waiver of Rights Act.
6 Section 5. Definitions. As used in this Act:
7 "Assisted conception" means a pregnancy resulting from
8 any intervening medical technology, other than the pregnancy
9 of a woman resulting from the insemination of her ovum using
10 her husband's sperm, whether in vivo or in vitro, which
11 completely or partially replaces sexual intercourse as the
12 means of conception. Such intervening medical technology
13 includes, but is not limited to, conventional medical and
14 surgical treatment as well as noncoital reproductive
15 technology such as artificial insemination by donor,
16 cryopreservation of gametes and embryos, in vitro
17 fertilization, uterine embryo lavage, embryo transfer, gamete
18 intrafallopian tube transfer, and low tubal ovum transfer.
19 "Cryopreservation" means freezing and storing of gametes
20 and embryos for possible future use in assisted conception.
21 "Donor" means an individual, other than a surrogate,
22 unrelated by marriage to the recipient who contributes the
23 sperm or egg used in assisted conception.
24 "Gamete" means either a sperm or an ovum.
25 "In vitro" means any process that can be observed in an
26 artificial environment such as a test tube or tissue culture
27 plate.
28 "In vitro fertilization" means the fertilization of ova
29 by sperm in an artificial environment.
30 "In vivo" means any process occurring within the living
31 body.
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1 "Ovum" means the female gamete or reproductive cell prior
2 to fertilization.
3 "Sperm" means the male gamete or reproductive cell that
4 impregnates the ovum.
5 Section 10. Donor waiver of rights. A donor of a gamete
6 may execute a written waiver by which the donor may
7 relinquish some or all of his or her rights as parent of a
8 child conceived through assisted conception. The donor of a
9 gamete may require the recipient of the gamete to agree to
10 all terms and conditions of the donor.
11 Section 15. Form of donor waiver. The donor waiver may
12 be in substantially the following form:
13 I (name of donor), hereby relinquish all of my rights,
14 under the Gamete Donor Waiver of Rights Act, as a parent of a
15 child conceived through the use of my (sperm or ovum) subject
16 to the following terms and conditions (if any):
17 ............................
18 (signature of the donor)
19 (date)
20 Section 20. Form of recipient agreement. The
21 recipient's agreement to the terms and conditions of the
22 donor's waiver may be in substantially the following form:
23 I (recipient of gamete), agree to all terms and
24 conditions of the waiver of rights executed by a donor on
25 (date of waiver) under the Gamete Donor Waiver of Rights Act
26 and further agree that the donor shall not have any rights or
27 duties as a parent to any child conceived through the use of
28 his or her gamete.
29 ............................
30 (signature of the recipient)
31 (date of the agreement)
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1 Section 25. Confidentiality. The donor of a gamete may
2 require, as a term or condition of the waiver of rights, that
3 his or her identity be confidential. If the donor requires
4 confidentiality, the recipient of the gamete shall not have a
5 right to be informed of the identity of the donor.
6 Section 30. Duties of the donor. The donor of a gamete
7 shall not have any duties of a parent that are otherwise
8 specified by law except those duties that the donor agrees,
9 in writing, to assume.
10 Section 99. Effective date. This Act takes effect upon
11 becoming law.