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HCR 113

HEALTH: Creates a task force to study the regulation of gestational carrier agreements

2026 Regular Session

Louisiana will form a multidisciplinary Task Force to study and potentially regulate gestational carrier agreements, aiming to propose statutory language by Feb 15, 2027.

Read by title, amended, ordered engrossed, recommitted to the Committee on House and Governmental Affairs.
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Bill Summary · HCR 113

Overview

  • Purpose: Louisiana House Concurrent Resolution 113 creates the Task Force on Gestational Carrier Agreements and Assisted Reproductive Regulation. The task force will study how gestational carrier agreements should be implemented and regulated in Louisiana, with an eye toward potential future legislation.
  • Report requirement: The task force must submit a final written report, including findings, recommendations, and proposed statutory language, to the legislature by February 15, 2027. The task force terminates upon delivering the report or February 28, 2027, whichever comes first.

Key Provisions and Changes Proposed

  • Establishment of a multi-stakeholder Task Force:
    • Composition includes state agency leaders, legal and medical professionals, ethicists, and advocates.
    • Specific members include:
    • Secretary of the Louisiana Department of Health (or designee)
    • Attorney General (or designee)
    • Secretary of the Department of Children and Family Services (or designee)
    • Assistant Secretary of the Office on Women’s Health and Community Health (or designee)
    • Healthcare professionals specializing in maternal-fetal health and a board-certified maternal-fetal medicine physician (appointed by the House Speaker)
    • Licensed attorney with expertise in family and reproductive law (appointed by the House Speaker)
    • Representative of the Louisiana State Law Institute with family/persons law expertise (appointed by the LS Law Institute President)
    • Licensed psychologist or licensed professional counselor with third-party reproduction experience (appointed by the House Speaker)
    • Reproductive rights advocate (appointed by the House Speaker)
    • Executive Director or designee of the Louisiana Conference of Catholic Bishops
    • Additional members appointed by House and Senate Health and Welfare committee chairs
  • Scope of study:
    • Whether and how Louisiana should recognize and regulate gestational carrier agreements.
    • Alignment with Human Embryo Statutes (R.S. 9:121–133) and compatibility with other state laws.
    • Compliance with federal nondiscrimination and privacy laws (e.g., ACA, ADA, HIPAA).
    • Allocation of regulatory authority among state agencies (LDH, courts, Department of Justice, etc.).
    • Financial standards, escrow arrangements, compensation protections, and safeguards for gestational carriers.
    • Informed consent standards and medical decision-making authority during gestational carrier arrangements.
    • Data collection, reporting, and record retention related to gestational carriers and assisted reproduction.
    • Ethical considerations in reproductive medicine, family formation, maternal and child health.
    • Development of a comprehensive legal/regulatory framework for private gestational carrier agencies operating in Louisiana.
    • Procedures for establishing legal parentage and judicial recognition of intended parents.
    • Birth certificate issuance and amendment procedures for children born under gestational carrier agreements.
    • Review of regulatory frameworks from other states.
    • Judicial procedures, venue, confidentiality protections, and evidentiary standards for gestational carrier proceedings.
    • Interaction with existing laws on IVF, embryo disposition, and juridical persons.

Who Is Affected

  • Gestational carriers (surrogates), intended parents, and children born through gestational carrier arrangements.
  • Medical professionals, fertility clinics, and legal professionals working in reproductive law.
  • State agencies (LDH, DCFS, Department of Justice, etc.), courts, and record-keeping bodies (vital records).
  • Public and private gestational carrier agencies operating in Louisiana (potential regulation or licensure considerations).

Procedural and Timeline Details

  • First meeting: No later than September 1, 2026.
  • Staffing: Task force will be staffed by the Louisiana Department of Health.
  • Meetings: Governed by House Rules or applicable Joint Rules; open meetings and public records laws apply.
  • Quorum and decision-making: Majority of members constitutes a quorum; majority vote required for official actions.
  • Compensation: Members serve without compensation, except for per diem or expenses they are individually entitled to through their other roles.
  • Reporting deadline: Final report due by February 15, 2027, with recommendations and proposed statutory language.
  • Termination: Task force terminates upon delivering the final report or by February 28, 2027, whichever is first.

Potential Impacts and Considerations

  • The resolution signals a thoughtful, multidisciplinary approach to a complex area combining health, family law, ethics, and civil rights.
  • By exploring a regulatory framework and possible licensure for agencies, the bill could lead to future statutory proposals governing gestational carrier agreements in Louisiana.
  • Emphasis on privacy, nondiscrimination, informed consent, and child welfare aligns with broader federal and state expectations for reproductive technologies.
  • The open-meeting and public-records provisions promote transparency in the study process.

Compiled from official sources — confirm details with the bill’s official record.

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