WeVote
Log In

Bill

Bill

HR 403

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

2026 Regular Session

Louisiana HR403 establishes a task force to study and propose a regulatory framework for gestational carrier agreements, aiming for a report and potential legislation.

By a vote of 60 yeas and 30 nays, the resolution was laid on the table.
0
WeVote Research Nonpartisan
Bill Summary · HR 403

Purpose and intent

  • House Resolution HR 403 (2026, Louisiana) creates the Task Force on Gestational Carrier Agreements and Assisted Reproductive Regulation.
  • The primary goal is to study how gestational carrier agreements should be implemented and regulated in Louisiana, with an eye toward developing a regulatory framework and potential legislation.
  • The resolution emphasizes multidisciplinary study, stakeholder input, and alignment with existing or forthcoming state and federal legal considerations related to assisted reproductive technologies.

Key provisions and proposed changes

  • Establishment of a task force (names and roles to be determined) to study:

    • Whether and how Louisiana should recognize and regulate gestational carrier agreements.
    • A regulatory framework compatible with Louisiana’s Human Embryo Statutes (R.S. 9:121–133) and other related laws.
    • Compliance with federal nondiscrimination and privacy laws (e.g., ACA, ADA, HIPAA).
    • Allocation of regulatory authority among state agencies (LDH, courts, DOJ, etc.).
    • Financial standards for gestational carriers, including escrow, compensation protections, and safeguards to avoid discrimination.
    • Informed consent, medical decision-making authority, and oversight during ART and gestational carriage.
    • Data collection, reporting, and record retention standards related to gestational carrier arrangements.
    • Ethical considerations in reproductive medicine, family formation, and maternal/child health.
    • 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 processes for children born via gestational carrier arrangements.
    • Review of regulatory/statutory frameworks from other states.
    • Judicial procedures, venue, confidentiality protections, and evidentiary standards in gestational carrier proceedings.
    • Interaction with existing laws on IVF, embryo disposition, and juridical persons.

  • Composition of the task force (11 members) including:

    • State agency heads or designees (LDH, Attorney General, Department of Children and Family Services, Office on Women’s Health and Community Health).
    • Healthcare professionals (maternal-fetal medicine specialists) appointed by the House Speaker.
    • A licensed attorney with family/reproductive law expertise appointed by the House Speaker.
    • A representative from the Louisiana State Law Institute (family law/people law).
    • A licensed psychologist or licensed professional counselor with third-party reproduction experience.
    • A reproductive rights advocate appointed by the House Speaker.
    • An additional member appointed by the Chair of the House Health and Welfare Committee.

  • Governance and operations:

    • The chair will be chosen by a majority vote of task force members.
    • A majority constitutes a quorum; actions require a majority affirmative vote.
    • First meeting due by September 1, 2026.
    • Staff support provided by the Louisiana State Law Institute.
    • Meetings subject to Open Meetings Law; records to Public Records Law.
    • Members serve without compensation, with potential per diem or expenses as applicable to their organizations.
    • Written agenda materials and issue memoranda required.

  • Deliverables and timeline:

    • Final written report due no later than February 15, 2027, including findings, recommendations, and proposed statutory language.
    • The task force terminates upon submission of the final report or February 28, 2027, whichever comes first.

Who/what is affected

  • Purposeful impact on:
    • State policy regarding gestational carrier agreements and ART regulation.
    • Administrative and regulatory landscape involving LDH, the courts, the Department of Justice, and potentially other agencies.
    • Private gestational carrier agencies operating in Louisiana.
    • Intended parents, gestational carriers, and children born through such arrangements (through potential future regulation).
    • Stakeholders across health care, law, bioethics, and family law communities.

Procedural and timeline notes

  • The resolution does not implement new statutes directly but initiates a study and potential legislative recommendations.
  • First meeting required by Sept. 1, 2026.
  • Final report due by Feb. 15, 2027.
  • Task force staff and meeting rules align with existing Louisiana open meetings and public records laws.
  • Members serve on a voluntary basis with limited per diem/expenses; no compensation beyond standard allowances.
  • A copy of HR 403 is to be transmitted to key state officials, including the Secretary of the Louisiana Department of Health, the Attorney General, the Secretary of the Department of Children and Family Services, and the executive director of the Louisiana Conference of Catholic Bishops.

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

Sign in to ask a question.