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91_HB0818eng HB0818 Engrossed LRB9104812DJcd 1 AN ACT concerning waiver of rights by donors of 2 fertilized human eggs. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 1. Short title. This Act may be cited as the 6 Fertilized Human Egg Donor Waiver of Rights Act. 7 Section 5. Definitions. As used in this Act: 8 "Assisted conception" means a pregnancy resulting from 9 any intervening medical technology, other than the pregnancy 10 of a woman resulting from the insemination of her ovum using 11 her husband's sperm, whether in vivo or in vitro, which 12 completely or partially replaces sexual intercourse as the 13 means of conception. Such intervening medical technology 14 includes, but is not limited to, conventional medical and 15 surgical treatment as well as noncoital reproductive 16 technology such as artificial insemination by donor, 17 cryopreservation of gametes and embryos, in vitro 18 fertilization, uterine embryo lavage, embryo transfer, gamete 19 intrafallopian tube transfer, and low tubal ovum transfer. 20 "Cryopreservation" means freezing and storing of gametes 21 and embryos for possible future use in assisted conception. 22 "Donor" means an individual, other than a surrogate, 23 unrelated by marriage to the recipient who donates a 24 fertilized human egg resulting from assisted conception. 25 "Gamete" means either a sperm or an ovum. 26 "In vitro" means any process that can be observed in an 27 artificial environment such as a test tube or tissue culture 28 plate. 29 "In vitro fertilization" means the fertilization of ova 30 by sperm in an artificial environment. 31 "In vivo" means any process occurring within the living HB0818 Engrossed -2- LRB9104812DJcd 1 body. 2 "Ovum" means the female gamete or reproductive cell prior 3 to fertilization. 4 "Sperm" means the male gamete or reproductive cell that 5 impregnates the ovum. 6 Section 10. Donor waiver of rights. A donor of a 7 fertilized human egg may execute a written waiver by which 8 the donor may relinquish some or all of the donor's rights as 9 parent of a child conceived through assisted conception. The 10 donor of a fertilized human egg may require the recipient of 11 the egg to agree to all terms and conditions of the donor. 12 Section 15. Form of donor waiver. The donor waiver may 13 be in substantially the following form: 14 I (name of donor), hereby relinquish all of my rights, 15 under the Fertilized Human Egg Donor Waiver of Rights Act, as 16 a parent of a child resulting from the fertilized human egg 17 donated by me, subject to the following terms and conditions 18 (if any): 19 ............................ 20 (signature of the donor) 21 (date) 22 Section 20. Form of recipient agreement. The 23 recipient's agreement to the terms and conditions of the 24 donor's waiver may be in substantially the following form: 25 I (recipient of fertilized human egg), agree to all terms 26 and conditions of the waiver of rights executed by a donor on 27 (date of waiver) under the Fertilized Human Egg Donor Waiver 28 of Rights Act and further agree that the donor shall not have 29 any rights or duties as a parent to any child resulting from 30 the fertilized human egg donated by the donor. 31 ............................ HB0818 Engrossed -3- LRB9104812DJcd 1 (signature of the recipient) 2 (date of the agreement) 3 Section 25. Confidentiality. The donor of a fertilized 4 human egg may require, as a term or condition of the waiver 5 of rights, that the donor's identity be confidential. If the 6 donor requires confidentiality, the recipient of the 7 fertilized human egg shall not have a right to be informed of 8 the identity of the donor. 9 Section 30. Duties of the donor. The donor of a 10 fertilized human egg shall not have any duties of a parent 11 that are otherwise specified by law except those duties that 12 the donor agrees, in writing, to assume. 13 Section 99. Effective date. This Act takes effect upon 14 becoming law.