HCR 113

HLS 26RS-5198  ENGROSSED
 2026 Regular Session
 HOUSE CONCURRENT RESOLUTION NO. 113
 BY REPRESENTATIVE TERRY LANDRY
 HEALTH: Creates a task force to study the regulation of gestational carrier agreements
1A CONCURRENT RESOLUTION
2 To create the Task Force on Gestational Carrier Agreements and Assisted Reproductive
3Regulation to study the implementation and regulation of gestational carrier
4agreements in this state.
5WHEREAS, advances in assisted reproductive technology and fertility treatment
6 have increased the use of gestational carrier arrangements throughout the United States; and
7WHEREAS, Louisiana law presently contains provisions governing in vitro
8 fertilization and human embryos pursuant to R.S. 9:121 through 133, but does not provide
9 a comprehensive legal or regulatory framework governing gestational carrier agreements;
10 and
11WHEREAS, issues related to gestational carrier arrangements implicate matters of
12 public health, family law, medical ethics, informed consent, parentage, child welfare,
13 privacy protections, and constitutional and federal nondiscrimination requirements; and
14WHEREAS, the legislature recognizes the importance of protecting the health,
15 safety, dignity, and legal rights of gestational carriers, intended parents, and children born
16 through assisted reproductive arrangements; and
17WHEREAS, the legislature further recognizes the need for multidisciplinary study
18 and stakeholder input prior to the consideration of comprehensive legislation concerning
19 gestational carrier agreements and assisted reproductive regulation in Louisiana.
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1THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
2 establish and provide for the Task Force on Gestational Carrier Agreements and Assisted
3 Reproductive Regulation to study the implementation and regulation of gestational carrier
4 agreements in this state, and may propose recommendations, together with specific
5 proposals, for legislation. Any recommendations or proposals shall be submitted by written
6 report to the legislature and to the David R. Poynter Legislative Research Library as required
7 by R.S. 24:771 and 772.
8BE IT FURTHER RESOLVED that the legislature recommends that the task force
9 include consideration of all of the following:
10(1) Whether and how this state should recognize and regulate gestational carrier
11 agreements.
12(2) Development of a regulatory framework consistent with the Human Embryo
13 Statutes, R.S. 9:121 through 133.
14(3)    Compliance with applicable federal nondiscrimination and privacy laws,
15 including the Affordable Care Act, the Americans with Disabilities Act, and the Health
16 Insurance Portability and Accountability Act.
17(4) Appropriate regulatory authority and oversight responsibilities among the
18 Louisiana Department of Health, the courts, the Department of Justice, and other state
19 agencies.
20(5) Financial eligibility standards, escrow requirements, compensation protections,
21 and related safeguards for gestational carriers that protect participants without creating
22 discriminatory barriers.
23(6) Standards governing informed consent and medical decision-making authority
24 during assisted reproductive and gestational carrier arrangements.
25(7) Development of data collection, reporting, and record retention standards relating
26 to gestational carrier arrangements and assisted reproductive practices.
27(8) Ethical considerations relating to reproductive medicine, family formation, and
28 maternal and child health.
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1(9) Development of a comprehensive legal and regulatory framework governing the
2 ethical creation, licensure oversight, and operation of private gestational carrier agencies in
3 this state.
4(10) Procedures for the establishment of legal parentage and judicial recognition of
5 intended parents in gestational carrier arrangements.
6(11) Birth certificate issuance and amendment procedures for children born pursuant
7 to gestational carrier agreements.
8(12) A review of regulatory and statutory frameworks adopted in other states
9 governing gestational carrier agreements and assisted reproductive technology.
10(13)    Recommendations regarding judicial procedures, venue, confidentiality
11 protections, and evidentiary standards applicable to gestational carrier proceedings.
12(14) The interaction between gestational carrier agreements and existing state laws
13 governing in vitro fertilization, embryo disposition, and juridical persons.
14BE IT FURTHER RESOLVED that the task force shall consist of the following
15 members:
16(1) One member who is the secretary of the Louisiana Department of Health or his
17 designee.
18(2) One member who is the attorney general or his designee.
19(3) One member who is the secretary of the Department of Children and Family
20 Services or his designee.
21(4) One member who is the assistant secretary of the office on women's health and
22 community health or his designee.
23(5) One member who is a healthcare professional specializing in maternal and fetal
24 health care appointed by the speaker of the House of Representatives.
25(6)    One member who is a board-certified maternal-fetal medicine physician
26 appointed by the speaker of the House of Representatives.
27(7)    One member who is a licensed attorney with expertise in family law and
28 reproductive law appointed by the speaker of the House of Representatives.
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1(8) One member who is a representative of the Louisiana State Law Institute with
2 expertise in family law or persons law appointed by the president of the Louisiana State Law
3 Institute.
4(9) One member who is a licensed psychologist or licensed professional counselor
5 with experience in third-party reproduction appointed by the speaker of the House of
6 Representatives.
7(10) One member who advocates for reproductive rights appointed by the speaker
8 of the House of Representatives.
9(11) One member appointed by the chair of the House Committee on Health and
10 Welfare.
11(12) One member appointed by the chair of the Senate Committee on Health and
12 Welfare.
13BE IT FURTHER RESOLVED that the chair of the task force shall be selected by
14 a majority vote of the members of the task force.
15BE IT FURTHER RESOLVED that a majority of the task force shall constitute a
16 quorum for the transaction of business, and all official actions of the task force shall require
17 the affirmative vote of a majority of the members.
18BE IT FURTHER RESOLVED that the task force shall convene for its first meeting
19 no later than September 1, 2026.
20BE IT FURTHER RESOLVED that the task force shall be staffed by the Louisiana
21 Department of Health.
22BE IT FURTHER RESOLVED that in conducting this study the task force is
23 encouraged to seek input and advice from members of the judiciary, medical licensing
24 boards, fertility clinics, legal scholars, bioethicists, vital records officials, and any other
25 stakeholders the task force deems necessary.
26BE IT FURTHER RESOLVED that the Rules of Order of the House of
27 Representatives or applicable Joint Rules shall apply to all meetings of the task force.
28BE IT FURTHER RESOLVED that the members of the task force shall serve
29 without compensation, except per diem or expense reimbursement to which they may be
30 individually entitled as members of their constituent organizations.
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1BE IT FURTHER RESOLVED that meetings of the task force shall be subject to the
2 Open Meetings Law, R.S. 42:11 et seq., and records of the task force shall be subject to the
3 Public Records Law, R.S. 44:1 et seq.
4BE IT FURTHER RESOLVED that all members of the task force shall receive
5 written agenda materials and issue memoranda in advance of each meeting.
6BE IT FURTHER RESOLVED that the task force shall submit its final written
7 report, including findings, recommendations, and proposed statutory language, not later than
8 February 15, 2027.
9BE IT FURTHER RESOLVED that the task force shall terminate upon submission
10 of its final report or February 28, 2027, whichever occurs first.
11BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
12 secretary of the Louisiana Department of Health, the attorney general, the secretary of the
13 Department of Children and Family Services, and the executive director of the Louisiana
14 Conference of Catholic Bishops.
  DIGEST
 The digest printed below was prepared by House Legislative Services. It constitutes no part
 of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
 part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
 HCR 113 Engrossed  2026 Regular Session  Terry Landry
 Creates the Task Force on Gestational Carrier Agreements and Assisted Reproductive
 Regulation to study the implementation and regulation of gestational carrier agreements in
 this state.
 Requires the task force to submit a report by Feb. 15, 2027.
 Summary of Amendments Adopted by House
    The Committee Amendments Proposed by House Committee on Health and Welfare to
  the original bill:
    1.      Remove the member of the Task Force on Gestational Carrier Agreements and
  Assisted Reproductive Regulation who is a representative of the Louisiana
  Conference of Catholic Bishops.
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