168-B:1 Definitions. –
In this chapter:
I. "Artificial insemination" means the introduction of semen into a woman's vagina, cervical canal, or uterus through extracorporeal or noncoital means.
II. "Assisted reproduction" means a method of causing pregnancy other than sexual intercourse. The term includes, but is not limited to:
(a) Artificial insemination.
(b) Donation of gametes.
(c) Donation of embryos.
(d) In-vitro fertilization and transfer of embryos.
(e) Intracytoplasmic sperm injection.
III. "Compensation" means payment of any reasonable, valuable consideration to a gamete donor, an embryo donor, or a gestational carrier or on their behalf.
IV. "Court," unless otherwise indicated in this chapter, means the probate division of the circuit court in the county where the gestational carrier resides, where the intended parent or parents reside, or where the resulting child is born or is expected to be born.
V. "Donor" means an individual who contributes a gamete or gametes or an embryo or embryos for the purpose of assisted reproduction with no claim or claims to present or future parental rights and obligations to any resulting child.
VI. "Embryo" means the fertilized egg.
VII. "Embryo transfer" means all medical and laboratory procedures that are necessary to effectuate the transfer of an embryo into the uterine cavity.
VIII. "Gamete" means either the ovum (egg) or the spermatozoa (sperm).
IX. "Gestational carrier" means a woman who is neither an intended parent nor a donor, who agrees to become pregnant with a child, to whom such gestational carrier made no genetic contribution, by assisted reproduction and pursuant to a gestational carrier arrangement.
X. "Gestational carrier agreement" means a written contract between the gestational carrier, her spouse or partner, if any, and the intended parent or parents, that sets forth the obligations, rights, and duties of the parties to a gestational carrier arrangement.
XI. "Gestational carrier arrangement" means the process by which a gestational carrier attempts to become pregnant with a child through assisted reproduction using the gamete or gametes or embryo provided by the intended parent or parents and/or donor or donors, which may or may not be genetically related to the intended parent or parents, and to which the gestational carrier has made no genetic contribution, and carry and give birth to such a child with the intention that the child will be solely the legal child of the intended parent or parents.
XII. "Health care provider" means a person who is duly licensed, certified, authorized, or registered under the laws of the state to provide health care, and includes all medical, psychological, counseling, and social work professionals.
XIII. "Intended parent" means a person, married or unmarried, who intends to become a parent of any child that results from an assisted reproduction. This term shall include intended mothers, intended fathers, or a combination of both. In the case of a married couple, any reference to an intended parent shall include both spouses for all purposes of this chapter.
XIV. "In vitro fertilization" means all medical and laboratory procedures that are necessary to effectuate the extracorporeal combining of egg and sperm and the resulting fertilization of the egg.
XV. "Mental health consultation" means an in-person or telehealth meeting with a licensed mental health professional for the purposes of educating the participants about the effects and potential consequences of their participation in a gestational carrier arrangement, and of evaluating any potential psychological issues and risks posed by a party to a gestational carrier arrangement, including, but not limited to, the intended parent or parents or the gestational carrier's mental health, external and environmental factors, ability to manage relationships, potential attachment issues, and ability to carry out their obligations, rights, and duties under a gestational carrier arrangement.
XVI. "Mental health professional" means an individual who:
(a) Holds a masters or doctoral degree in the field of psychiatry, psychology, counseling, social work, psychiatric nursing, or marriage and family therapy; and
(b) Is duly licensed, certified, authorized, or registered under the laws of a state to practice in the mental health field.
Source. 2014, 248:2, eff. July 21, 2014. 2015, 17:1, eff. July 4, 2015. 2023, 105:2, eff. Aug. 19, 2023.