Arizona Parental Right to Embryo Bill (SB 1393)

SB 1393 requires courts in a divorce proceeding to award in vitro embryos to the spouse that intends to allow the embryos to develop to birth.

If both spouses want the in vitro embryos to develop to birth and both spouses provided their gametes for the in vitro embryos, the courts would be required to resolve any dispute on disposition of the embryos in a manner that provides the best chance for the embryos to develop to birth.

If both spouses want the in vitro embryos to develop to birth but only one spouse provided gametes for the embryos, the courts would be required to award the embryos to the spouse that provided gametes.

The bill removes any right, obligation, or interest between the spouse that is not awarded the embryos and any resulting child unless they provided gametes and consents in writing to be a parent to any resulting child.

The bill requires a spouse who provided gametes for the embryos and who does not consent to being a parent to provide the health facility that has the embryos with detailed written non-identifying information that includes the spouse’s health and genetic history and the health and genetic history information of the spouse’s family.

The health facility would be required to retain the records for 99 years.

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STATUS

Passed the senate on February 22, 2018, by an 18-12 vote.

Passed the house on March 28, 2018, by a 33-25 vote.

Signed into law by Gov. Doug Ducey (R) on April 3, 2018.

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People