ARIZONA HOUSE OF REPRESENTATIVES

SB 1393: dissolution; human embryos; disposition

PRIME SPONSOR: Senator Barto, LD 15

BILL STATUS: Chaptered

Abstract

Relating to the disposition of human embryos in marital dissolution cases.

Provisions

1. Requires the court to award in vitro human embryos as follows in marital dissolution proceedings:

a. To the spouse who intends to allow the embryos to develop to birth;

b. To the spouse who provided gametes for the embryo, if both spouses intend to allow the embryos to develop to birth but only one spouse provided gametes;

c. In a manner providing the best chance for the embryos to develop to birth, if both spouses:

i. Intend to allow the embryos to develop to birth; and

ii. Provided their gametes to the embryos. (Sec 1)

2. Requires the court to award the embryos as outlined above if an agreement regarding disposition is brought before the court. (Sec 1)

3. Relieves the spouse who is not awarded the embryos from parental responsibilities.

a. The spouse has no right, obligation or interest in any child resulting from the embryos unless the spouse:

i. Provided gametes for the embryos; and

ii. Provides written consent to be a parent for any resulting child.

Ø If the spouse does not consent, any resulting child from the embryo:

o Is not a child of the spouse; and

o Has no right, obligation or interest to the spouse. (Sec 1)

4. Requires a spouse who does not consent to being a parent to provide detailed health and genetic history information about the spouse and the spouse's family. Information must be:

a. In writing;

b. Non-identifying; and

c. Included in a document separate from any document with identifying information. (Sec 1)

5. Defines gamete, human embryo and in vitro. (Sec 1)

Current Law

A.R.S. Title 25, Ch. 3 outlines the process for the dissolution of a marriage (divorce or legal separation).  For dividing property between two spouses, sole and separate property is assigned to the spouse that owns the property. Community property is divided by the court equitably (A.R.S. § 25-318).  Disposition of property is separate from determinations regarding spousal or child support.

A.R.S § 36-2311 defines human embryo and in vitro.

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Fifty-third Legislature                  SB 1393

Second Regular Session                               Version 4: Chaptered

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