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91_HB0818ham001 LRB9104812DJcdam 1 AMENDMENT TO HOUSE BILL 818 2 AMENDMENT NO. . Amend House Bill 818 by replacing 3 the title with the following: 4 "AN ACT concerning waiver of rights by donors of 5 fertilized human eggs."; and 6 by replacing everything after the enacting clause with the 7 following: 8 "Section 1. Short title. This Act may be cited as the 9 Fertilized Human Egg Donor Waiver of Rights Act. 10 Section 5. Definitions. As used in this Act: 11 "Assisted conception" means a pregnancy resulting from 12 any intervening medical technology, other than the pregnancy 13 of a woman resulting from the insemination of her ovum using 14 her husband's sperm, whether in vivo or in vitro, which 15 completely or partially replaces sexual intercourse as the 16 means of conception. Such intervening medical technology 17 includes, but is not limited to, conventional medical and 18 surgical treatment as well as noncoital reproductive 19 technology such as artificial insemination by donor, 20 cryopreservation of gametes and embryos, in vitro 21 fertilization, uterine embryo lavage, embryo transfer, gamete -2- LRB9104812DJcdam 1 intrafallopian tube transfer, and low tubal ovum transfer. 2 "Cryopreservation" means freezing and storing of gametes 3 and embryos for possible future use in assisted conception. 4 "Donor" means an individual, other than a surrogate, 5 unrelated by marriage to the recipient who donates a 6 fertilized human egg resulting from assisted conception. 7 "Gamete" means either a sperm or an ovum. 8 "In vitro" means any process that can be observed in an 9 artificial environment such as a test tube or tissue culture 10 plate. 11 "In vitro fertilization" means the fertilization of ova 12 by sperm in an artificial environment. 13 "In vivo" means any process occurring within the living 14 body. 15 "Ovum" means the female gamete or reproductive cell prior 16 to fertilization. 17 "Sperm" means the male gamete or reproductive cell that 18 impregnates the ovum. 19 Section 10. Donor waiver of rights. A donor of a 20 fertilized human egg may execute a written waiver by which 21 the donor may relinquish some or all of the donor's rights as 22 parent of a child conceived through assisted conception. The 23 donor of a fertilized human egg may require the recipient of 24 the egg to agree to all terms and conditions of the donor. 25 Section 15. Form of donor waiver. The donor waiver may 26 be in substantially the following form: 27 I (name of donor), hereby relinquish all of my rights, 28 under the Fertilized Human Egg Donor Waiver of Rights Act, as 29 a parent of a child resulting from the fertilized human egg 30 donated by me, subject to the following terms and conditions 31 (if any): 32 ............................ -3- LRB9104812DJcdam 1 (signature of the donor) 2 (date) 3 Section 20. Form of recipient agreement. The 4 recipient's agreement to the terms and conditions of the 5 donor's waiver may be in substantially the following form: 6 I (recipient of fertilized human egg), agree to all terms 7 and conditions of the waiver of rights executed by a donor on 8 (date of waiver) under the Fertilized Human Egg Donor Waiver 9 of Rights Act and further agree that the donor shall not have 10 any rights or duties as a parent to any child resulting from 11 the fertilized human egg donated by the donor. 12 ............................ 13 (signature of the recipient) 14 (date of the agreement) 15 Section 25. Confidentiality. The donor of a fertilized 16 human egg may require, as a term or condition of the waiver 17 of rights, that the donor's identity be confidential. If the 18 donor requires confidentiality, the recipient of the 19 fertilized human egg shall not have a right to be informed of 20 the identity of the donor. 21 Section 30. Duties of the donor. The donor of a 22 fertilized human egg shall not have any duties of a parent 23 that are otherwise specified by law except those duties that 24 the donor agrees, in writing, to assume. 25 Section 99. Effective date. This Act takes effect upon 26 becoming law.".
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