Bill getting introducded to D.C. to legalize surrogacy

For anyone interested in making some noise against this bill getting passed, please write a ltter to:

Office of Councilmember David A. Catania

Council of the District of Columbia

1350 Pennsylvania Ave., NW, Suite 404, Washington, D.C. 20004

Or at this link you can e-mail David A. Catania and his staff. I called the office and was told that Keri Nash is the one working on the bill. 

http://www.davidcatania.com/component/option,com_contact/catid,19/Itemid,47/ 

Here are the talking points for the bill getting introduced to D.C.

Office of Councilmember David A. Catania

Council of the District of Columbia

1350 Pennsylvania Ave., NW, Suite 404, Washington, D.C. 20004

Introduction Talking Points – Surrogacy Parenting Agreement Act of 2013

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            Today, I am pleased to introduce the Surrogacy Parenting Agreement Act of 2013.  Over the last 50 years, medical technology has dramatically altered who is able to have children and when and how these children are conceived.  As a result, surrogacy has become an important alternative for some individuals choosing to start a family.  The law in the District, however, has not kept pace with these advances in medical technology.  In fact, surrogacy agreements are statutorily prohibited under DC law and punishable by a fine of up to $10,000 or up to one year in jail. 

            Surrogacy is seldom a decision lightly considered by those on the journey to build a family.  Often people come to surrogacy after trying and exhausting many other options.  In some cases, medical issues make it impossible or unsafe for the parent to carry a child.  For infertile couples, gay couples, and single individuals, surrogacy presents a life-changing option that helps make the dream of parenthood a reality for those who otherwise unable to conceive. 

            This legislation retires the notion that surrogacy is a punishable offense.  Instead, under this bill District law would support the creation of families by legalizing properly executed surrogacy agreements rather than penalizing their use by eliminating significant obstacles for those trying to expand their family through surrogacy.  In doing so, this legislation will codify and outline the process to execute surrogacy agreements and establish legal parentage in District courts.

             Through this legislation we will District residents with greater flexibility in terms of how and when they bring a child into their lives while ensuring their privacy.  I look forward to this legislation’s prompt consideration and welcome co-sponsors.  

And here is the Bill which is being presented: 

                                                                                               

   Councilmember David A. Catania        

A BILL

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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

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Councilmember David A. Catania introduced the following bill, which was referred to the Committee on ________________.

To amend Chapter 4 of Title 16 of the District of Columbia Official Code to permit surrogate parenting contracts within the Districtto establish a legal relationship between a child and his or her intended parent and govern proceedings to establish that relationship. 

 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this

Act may be cited as the “Surrogacy Parenting Agreement Act of 2013”.

Sec. 2. Chapter 4 of Title 16 of the District of Columbia Official Code is amended as follows:

(a) Section 16-401 is amended to read as follows:

                        “(1) “Gestational carrier” means a woman who is not an intended parent and who agrees to gestate an embryo that is genetically unrelated to her pursuant to a surrogate parenting agreement.

                        “(2) “Intended parent” means an individual, married or unmarried, who manifests the intent to be legally bound as the parent of a child resulting from assisted reproduction.

                        “(3) “Surrogate” means:

                                    (A) A gestational carrier;

                                    (B)  A “traditional surrogate” meaning a woman who agrees to gestate an embryo, in which the woman is the gamete donor and the embryo was created using the sperm of the intended father or donor arranged by the intended parent or parents.

                                    (C) A woman, over the age of 18 who bears and carries a child for another through medically assisted reproduction and pursuant to a written agreement, as set forth in section 16-402.

                        “(4) “Surrogate parenting contact” means the agreement between the intended parents and the intended surrogate relating to the fee or other valuable consideration services rendered and medical costs.

            (b) Section 16-402 is amended to read as follows:

                        “(a) A surrogate parenting contract shall include, at a minimum:

                                    “(1) The date the surrogate parenting contract was executed;

                                    “(2) The person from whom the gametes originated, unless anonymously donated; and,

                                    “(3) The identity of the intended parent or parents.

                        “(b) Prior to executing the written surrogate parenting contract, a surrogate and the intended parent shall be represented by separate independent licensed attorneys of their choosing.

                        “(c) The surrogate parenting contract shall be executed by the parties and the signatures on the surrogate parenting contract shall be notarized, or witnessed by an equivalent method as required by District law. 

                        “(d) The parties to a surrogate parenting contract shall not undergo an embryo transfer procedure, or commence injectable medication in preparation for an embryo transfer for assisted reproduction purposes until the surrogate parenting contract has been fully executed as required by subsections (b) and (c) of this section. 

                        “(e) An action to establish the parent-child relationship between the intended parent and the child as to a child conceived pursuant to a surrogate parenting contract may be filed in the District before the child’s birth and shall include:

                                    “(1) A copy of the surrogate parenting contract shall be filed by the court for the purpose of establishing the parent-child relationship; and,

                                    “(2) A written statement signed by the parties to the surrogate parenting contract that shall attest, under penalty of perjury, and to the best of their knowledge and belief, that each party has complied with this section in entering into the surrogate parenting contract.

                        “(f) A surrogate parenting contract executed in accordance with this section shall be presumptively valid and shall not be rescinded or revoked without a court order except as provided under subsection (g) of this section. 

                        “(g) Any failure to comply with the requirements of this section shall rebut the presumption of the validity of the surrogate parenting contract.”.

Sec. 3.  Fiscal impact statement. 

            The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(3)).

            Sec. 4. Effective date.

            This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of Congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813: D.C. Official Code § 1-206.02(c)(1)) and publication in the District of Columbia Register.