WeVote
Log In

Bill

Bill

HB 1141

HEALTH: Provides for comprehensive regulation relative to gestational carrier agreements (OR INCREASE SD EX See Note)

2026 Regular Session

HB 1141 creates a licensed, transparent framework for gestational carrier arrangements, with oversight, mandatory counseling, escrowed funds, independent counsel, and clear parenta

Read by title, under the rules, referred to the Committee on Health and Welfare.
0
WeVote Research Nonpartisan
Bill Summary · HB 1141

Overview

Louisiana House Bill 1141 (HB 1141), introduced in the 2026 Regular Session, proposes a comprehensive regulatory framework for gestational carrier arrangements. It creates a licensed category of gestational carrier agencies, establishes eligibility, required counseling, financial protections, and enforceable contract terms. The bill aims to protect all participants (gestational carriers, intended parents, and children) while aligning with existing Louisiana embryo-related statutes and data reporting infrastructure.

Main purpose and intent

  • Provide a complete statutory framework for gestational carrier agreements (GCAs) consistent with Louisiana’s Human Embryo Statutes and embryo protections.
  • Ensure clear, lawful parentage from birth and strengthen protections against exploitation.
  • Create a regulated, transparent market for compensated gestational carrier arrangements, with oversight by the Louisiana Department of Health (LDH) through a designated program under Chapter 2-B of Title 40.

Key provisions and changes

  • Definitions and scope

    • Introduces and clarifies terms: gestational carrier, gestational carrier agency, agency engagement, agency-coordinated GCAs, compensation, escrow, reasonable expenses, and related terms.
    • Distinguishes three-entity architecture: Parents-Agency Enrollment Agreement, Carrier-Agency Engagement Agreement, and Agency-Coordinated Gestational Carrier Agreement. The agency is not a signatory to the GCAs but coordinates administrative functions.

  • Licensure and regulatory authority

    • Requires licensure of gestational carrier agencies by the Louisiana Department of Health (LDH) as a health-related intermediary.
    • Establishes licensure standards, compliance, enforcement, and penalties under LDH rules; aligns with Chapter 2-B of Title 40.

  • Eligibility and mandatory processes

    • Gestational carriers: age 24-40 at execution; at least one prior live birth; medical clearance; mandatory counseling; independent legal advice; health insurance requirements; and non-disqualification due to familial relation with intended parents, subject to extra safeguards if familial arrangement.
    • Spouse requirements: if applicable, must complete counseling, obtain independent legal advice, and execute the carrier agreement.
    • Intended parents: must meet mandatory counseling and independent legal advice requirements; demonstrate financial capacity (income thresholds) to meet obligations, with waivers possible under strict conditions.

  • Counseling and psychological requirements

    • Mandatory pre-transfer counseling for all parties (gestational carrier, spouse, and intended parents) with two sessions for carriers and two additional sessions for intended parents, plus a potential third session if the carrier is a family member.
    • Counseling topics include medical procedures, legal relationships, psychological impacts, risk factors, and post-birth support.
    • Independent mental health professionals must conduct sessions, with written reports and certifications appended to the agreement.
    • Fees for counseling paid by intended parents, with escrow and pre-execution funds managed by the agency when applicable.

  • Safeguards, disclosures, and conflicts of interest

    • Strict disclosure requirements for agency fees, refunds, and financial relationships; disclosure of any fee-sharing or related-party interests.
    • Prohibitions on coercion, coercive arrangements, or waivers of statutory protections.
    • Independent legal counsel requirements for gestational carriers and the prohibition on agency control of counsel selection.

  • Financial structure and escrow

    • Establishes an escrow framework for compensation, expenses, insurance reserves, and medical costs.
    • Agency fees must be kept separate from client funds; disbursements follow a set schedule; pre-execution counseling funds credited or returned if arrangements do not proceed.
    • Clear rules to prevent conditioning payments on non-scheduled events.

  • Content and execution of GCAs

    • GCAs must be in writing, notarized, and signed by all relevant parties with detailed terms including compensation schedule, medical procedures, post-birth counseling, and relinquishment of parental rights.
    • The GCAs establish parentage rights and responsibilities and govern the transference of parental status at birth; multiple provisions address medical decision-making, custody, and post-birth planning.

  • Parentage and court processes

    • Seeks to preserve district court original jurisdiction over parentage determinations while establishing a pre-parentage certification process (see next item).
    • Provides for administrative pre-parentage certification and judicial parentage determinations; ensures clear parentage from birth.

  • Income and eligibility thresholds

    • Intended parents must meet income thresholds; waivers may be granted if assets or other resources assure obligations will be met.
    • Thresholds are subject to periodic rule-based adjustments (every four years).

  • Protections against termination coercion

    • Prohibits any GCAs from requiring or coercing termination of pregnancy; any penalties or conditions tied to termination are null and void.
    • Strong anti-coercion provisions apply to gestational carriers, agencies, and other intermediaries.

  • Data, records, and records access

    • Builds on LDH data collection infrastructure and requires model forms and ongoing reporting to support oversight and policy development.

Who would be affected

  • Gestational carriers and their spouses (where applicable).
  • Intended parents or prospective parents entering gestational carrier arrangements.
  • Licensed gestational carrier agencies operating in Louisiana.
  • Healthcare providers, mental health professionals, and attorneys involved in GCAs.
  • The Louisiana Department of Health (LDH), which would administer licensure, oversight, and enforcement.
  • Potential third-party entities coordinating matches or managing escrow and fees.

Procedural and timeline aspects

  • Effective date and rulemaking: LDH to prescribe model certification forms within 180 days of enactment; forms to be used to satisfy certification requirements.
  • licensure and implementation: Agencies must obtain LDH licensure under Chapter 2-B Title 40 to operate; unlicensed operation remains subject to penalties but does not void otherwise compliant GCAs.
  • Data reporting: Expanded reporting obligations to support ongoing oversight, aligned with existing Chapter 2-B data requirements and 40:94-era reporting infrastructure.
  • Periodic review: Intended parents’ income thresholds to be reviewed by rule not less than every four years for potential adjustment.

Note: HB 1141 emphasizes protecting all participants, preventing exploitation, and creating a regulated, transparent market for gestational carrier arrangements, with strong emphasis on independent counsel, counseling, escrow safeguards, and enforceable parentage pathways.

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

Sign in to ask a question.