human embryos; disposition

HB4039 - human embryos; disposition

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Betty J Villegas, Lorena Austin, Janeen Connolly, Sarah Liguori
Last action: 2026-06-13
Official status: House Rules: None
Effective date: Not listed

Plain English Breakdown

Checked against official source text during the last sync.

HB4039: Rules for Deciding What Happens to Human Embryos

This law tells Arizona courts how to decide what happens to human embryos created outside the body when people cannot agree.

What This Bill Does

Removes an older rule about deciding what happens to human embryos and replaces it with a new one.
Requires courts to follow a written agreement if one exists between the parties regarding the embryos.
Allows courts to weigh each person's interests if there is no clear written agreement or if the agreement is unclear.
Defines specific terms like 'human embryo' and 'in vitro' by pointing to other state laws.

Who It Names or Affects

People involved in legal cases about what happens to human embryos created outside the body
Arizona courts handling these types of family law disputes

Terms To Know

Disposition: The decision or action taken regarding what happens to something, such as who gets an embryo.
In vitro human embryos: Human embryos that were created outside of a person's body in a laboratory setting.

Limits and Unknowns

The law does not explain exactly how courts should weigh interests if no agreement exists.
The text refers to other laws for definitions but does not list those specific rules here.

Bill History

2026-06-13 House
House Rules: None
2026-06-13 House
House first read

Official Summary Text

HB4039 - human embryos; disposition

Current Bill Text

Read the full stored bill text

HB4039 - 572R - I Ver

REFERENCE TITLE:
human embryos; disposition

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 4039

Introduced by

Representatives
Villegas: Austin, Connolly, Liguori

AN
ACT

Repealing section 25-318.03,
arizona revised statutes; amending title 25, chapter 3, article 2, arizona
revised statutes, by adding a new section 25-318.03; relating to human
embryos.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section. 1.
Repeal

Section 25-318.03, Arizona Revised
Statutes, is repealed.

Sec. 2. Title 25, chapter 3, article 2, Arizona
Revised Statutes, is amended by adding a new section 25-318.03, to read:

START_STATUTE
25-318.03.

Human embryos; disposition; definitions

A. IF a proceeding described in
section 25-318, subsection A involves the disposition of in vitro human
embryos and the parties have entered into a written agreement regarding the
disposition of the in vitro human embryos that are the subject of the written
agreement, the court shall award the in vitro human embryos as prescribed in
the written agreement.

B. If the parties have not entered
into a written agreement regarding the disposition of in vitro human embryos or
if the written agreement is unclear, the court shall weigh and balance the
respective interest of the parties and shall award the in vitro human embryos
based on the court's determination of parties' respective interests.

C. For the purposes of this section:

1. "human embryo" has the
same meaning prescribed in section 36-2311.

2. "In Vitro" has the same
meaning prescribed in section 36-2311.
END_STATUTE