human embryos; disposition

Plain English Breakdown

The official source material does not provide details on what happens if one party refuses to follow a court order or how the new law affects existing agreements and disputes.

Human Embryos; Disposition

This bill changes how courts handle disputes about what to do with human embryos created through in vitro fertilization when there is a written agreement or no agreement between the parties.

What This Bill Does

• Repeals an existing law related to the disposition of human embryos.
• Adds a new law that requires courts to follow any written agreements regarding the disposition of in vitro human embryos if such agreements exist.
• If there is no written agreement or it is unclear, the court must decide based on the interests of both parties.

Who It Names or Affects

• People who have created human embryos through in vitro fertilization and are involved in legal disputes about them.
• Courts that handle cases involving the disposition of human embryos.

Terms To Know

In Vitro

A process where eggs and sperm are combined outside the body to create an embryo, usually in a laboratory setting.

Human Embryo

An early stage of human development that starts when an egg is fertilized by sperm and continues until it implants in the uterus.

Limits and Unknowns

• The bill does not specify what happens if one party refuses to follow a court order.
• It's unclear how this law will affect existing agreements or disputes before the new law was passed.

Official Summary Text

HB4039 - human embryos; disposition

Current 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Statutes, is repealed.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