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SECOND REGULAR SESSION
HOUSE BILL NO. 1895
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE PLANK.
3946H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 210.824, RSMo, and to enact in lieu thereof one new section relating to
assisted reproduction.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 210.824, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 210.824, to read as follows:
210.824. 1. (1) If[ , under the supervision of a licensed physician and with the
2 consent of her husband, a wife is inseminated artificially with semen donated by a man not
3 her husband, the husband is treated in law as if he were the natural father of a child thereby
4 conceived. The husband's consent must be in writing and signed by him and his wife. The
5 physician shall certify their signatures and the date of the insemination, and file the husband's
6 consent with the bureau, where it shall be kept confidential and in a sealed file. The
7 physician's failure to comply with this section shall not af fect the father and child
8 relationship. All papers and records pertaining to the insemination, whether part of the
9 permanent record of a court or of a file held by the supervising physician or elsewhere, are
10 subject to inspection only upon an order of the court for good cause shown ] a person
11 conceives thr ough assisted repr oduction with semen or ova, or both, donated by a donor
12 who is not the person's spouse, with the consent of another intended pare nt, that
13 intended par ent is tr eated in law as if that intended paren t is the natural paren t of a
14 child ther eby conceived. The other intended par ent's consent shall be in writing and
15 signed by the other intended par ent and the person conceiving thr ough assisted
16 r epro duction .
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
17 (2) Failur e to consent in writing, as req uired by subdivision (1) of this
18 subsection, does not pr eclude the court fro m finding that the intended par ent consented
19 if the court finds by clear and convincing evidence that, prior to the conception of the
20 child, the person conceiving the child and the intended par ent had an oral agreement
21 that the person conceiving the child and the intended par ent would both be par ents of
22 the child.
23 2. (1) The donor of semen provided to a licensed physician or to a licensed sperm
24 bank for use in [ artificial insemination of a married woman other than the donor's wife is
25 treated in law as if he were not the natural father of a child thereby conceived ] assisted
26 r epro duction by a person other than the donor's spouse is trea ted in law as if the donor
27 is not the natural paren t of a child ther eby conceived unless otherwise agreed to in a
28 writing signed by the donor and the person conceiving the child prior to the conception
29 of the child .
30 (2) If the semen is not pr ovided to a licensed physician or a licensed sperm bank
31 as specified in subdivision (1) of this subsection, the donor of semen for use in assisted
32 r epro duction by a person other than the donor's spouse is trea ted in law as if the donor
33 is not the natural paren t of a child ther eby conceived if either of the following is met:
34 (a) The donor and the person conceiving the child agr eed in a writing signed
35 prior to conception that the donor would not be a par ent; or
36 (b) A court finds by clear and convincing evidence that the child was conceived
37 thr ough assisted repr oduction and that, prior to the conception of the child, the person
38 conceiving the child and the donor had an oral agr eement that the donor would not be a
39 par ent.
40 (3) Subdivisions (1) and (2) of this subsection shall not apply to a donor who
41 pr ovided semen for use in assisted repr oduction by a person other than the donor's
42 spouse under a written agree ment signed by the donor and the person conceiving the
43 child prior to conception of the child stating that they intended for the donor to be a
44 par ent.
45 3. A person pr oviding ova for use in assisted rep rodu ction by a person other
46 than the pr ovider's spouse or nonmarital partner is tr eated in law as if the prov ider is
47 not the natural paren t of a child ther eby conceived unless the court finds satisfactory
48 evidence that the pro vider of the ova, and each recipi ent, intended for that pr ovider to
49 have paren tal rights.
50 4. (1) A pr ovider of an embryo for use in assisted rep rodu ction to an intended
51 par ent who is not the pro vider's spouse or nonmarital partner is tr eated in law as if the
52 pr ovider is not the natural par ent of a child ther eby conceived unless the court finds
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53 satisfactory evidence that the prov ider and the intended paren t intended for the
54 pr ovider to be a par ent.
55 (2) If the pr ovider of ova, semen, or embryos is not the original source of the ova
56 or sperm, each original pro vider's written consent to the donation is requ ired unless
57 that person has executed a writing to consent, waive, or reli nquish their right to the
58 genetic material, or as otherwise order ed by a court of law .
✔
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