Assigned to HHS FOR
COMMITTEE
Assigned to HHS FOR
COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
dissolution; human embryos; disposition
Purpose
Establishes requirements for courts to award in vitro human embryos in cases of marriage dissolution or legal separation. Allows a spouse who is not awarded in vitro human embryos to deny consent to being a parent of a child resulting from the embryos.
Background
In Arizona, the original jurisdiction to hear and decide matters regarding dissolution of marriage or legal separation is vested in the superior court. Before the court can enter a decree of dissolution of marriage or legal separation, and to the extent the court has the jurisdiction to do so, the court must consider, approve and establish provisions for child custody, the support of any natural or adopted child common to the parties of the marriage who are entitled to support, the maintenance of either spouse and the disposition of the spouses' property (A.R.S. § 25-311, 312, 313). Additionally, during a proceeding for dissolution of marriage or for legal separation, the court must assign each spouse's sole and separate property to each spouse, and divide the community, joint tenancy and other property held in common by the spouses in an equitable manner and without regard to any marital misconduct (ARS § 25-318).
In vitro fertilization is an assisted reproductive technology whereby eggs are extracted from a woman, a sperm sample is retrieved from a male, and the egg and sperm are then combined manually in a laboratory to produce an embryo that may subsequently be transferred to a woman's uterus. According to statute, human embryo means a living organism of the species homo sapiens through the first 56 days of development, excluding any time during which the embryo's development has been suspended, and in vitro means outside of the body (ARS § 36-2311).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Establishes, for marriage dissolution or legal separation actions involving the disposition of in vitro human embryos, that the court must award the embryos to the spouse who intends to allow the embryos to develop to birth.
2. Directs the court to resolve any dispute on disposition in a manner that provides the best chance for the in vitro human embryos to develop to birth, if both spouses provided gametes and intend to allow the in vitro human embryos to develop to birth.
3. Designates that the spouse who provided their gametes for the in vitro human embryos receives the embryos if both spouses intend to allow the embryos to develop to birth but only one spouse provided gametes.
4. States that a spouse who is not awarded the in vitro human embryos has no parental responsibilities and no right, obligation or interest with respect to any child resulting from the disputed embryos unless the spouse provided gametes and consents in writing to be a parent of any resulting child.
5. Allows a spouse who is not awarded the in vitro human embryos to deny being a parent of any resulting child, and stipulates that a resulting child is not a child of the spouse, and has no right, obligation or interest with respect to the spouse.
6. Requires a spouse who provided gametes and who does not consent to being a parent to provide the health facility that has the in vitro human embryos with detailed nonidentifying information that includes the health and genetic history of the spouse and the spouse's family.
7. Requires the health facility that has the embryos to retain the records for 99 years.
8. Directs the health facility to transfer records to the Department of Economic Security or another health facility in Arizona if the facility ceases operations.
9. Allows any family member of a spouse who does not consent to being a parent to supplement the records given to the health facility.
10. Requires that the records be made available to any of the following:
a) the legal parents or guardian of any child resulting from the disputed in vitro human embryos;
b) any child resulting from the disputed in vitro human embryos;
c) the spouse of the resulting child if the resulting child has died and they had children together;
d) any adult progeny of the resulting child if the child has died; and
e) the spouse that provided the records and any of their biological children.
11. Specifies that a person who requests the records must pay the actual and reasonable cost of providing the records.
12. Defines relevant terms.
13. Becomes effective on the general effective date.
Prepared by Senate Research
February 2, 2018
CRS/NW/lat