On Sunday, the Louisiana House gave final approval to SB 162, a bill that limits surrogacy to married (heterosexual) couples. According to the new rules for surrogacy, “intended parents” must be married:
“Intended parents” means married persons who contribute their gametes to be used in assisted reproduction, and who enter into an enforceable gestational surrogacy contract, as defined in this Chapter, with a gestational carrier pursuant to which they will be the legal parents of the child resulting from that assisted reproduction.
Because Louisiana’s constitution bans the recognition of same-sex marriages and civil unions, the bill effectively bans same-sex couples from using surrogacy to have a child. A lesbian couple could still utilize a sperm donor, but a gay male couple would be prohibited from from asking a woman to carry a child to term for them.
It’s unclear if Gov. Bobby Jindal (R) will sign the bill, but interestingly, conservative groups are also opposed to the bill. According to the Louisiana Family Forum, other aspects of the bill make it “morally questionable and potentially exploitative.”