Section One: Definitions

• Assisted Reproductive Technology—The term “assisted reproductive technology” means any treatments or procedures that involve the handling of a human egg, sperm, and embryo outside of the body with the intent of facilitating a pregnancy, including artificial insemination, intrauterine insemination, in vitro fertilization, gamete intrafallopian fertilization, zygote intrafallopian fertilization, egg, embryo, and sperm cryopreservation, and egg, sperm, or embryo donation.
• Fertility Clinic—The term “fertility clinic” means a medical facility that is licensed, registered, or certified in accordance with the standards put forward by Federal or State laws or regulations and is responsible for the collection and preservation of human reproductive material (including egg, sperm, or embryos) responsible for the creation of human embryos, and/or the placement of human reproductive material (including egg, sperm, or embryo) into the prospective patient.
• Health Care Professional—The term “health care professional” means an individual licensed, registered, or certified under Federal or State laws or regulations to provide health care services.
• Egg—The term “egg” means a human ovum.
• Egg Donor—The term “egg donor” means a person unrelated by marriage to the recipient who provides or agrees to provide ovum for the purpose of human reproduction, regardless of if the recipient has a diagnosis of infertility.
• Sperm—The term “sperm” means a male human gamete.
• Sperm Donor—The term “sperm donor” means a person unrelated by marriage to the prospective parent(s) who provides or agrees to provide sperm for the purpose of human reproduction, regardless of if the prospective parent(s) has a diagnosis of infertility.

Section Two: Prohibitions

• Eggs or sperm donated for the purpose of assisted reproductive technology may not be used for any destructive purposes, including but not limited to:
  • Scientific or clinical research;
  • Development of commercial products; and
  • Any other purpose not directly related to establishing a pregnancy.
• A person shall not purchase or offer to purchase a human egg or sperm for human somatic cell nuclear transfer or for any purpose other than treating human infertility or for clinical investigation by a physician or clinic whose primary practice is treating human infertility.
• This section does not prohibit compensation of egg donors or sperm donors who provide or agree to provide eggs or sperm for the treatment of human infertility or for clinical investigation by a physician or clinic whose primary practice is the treatment of human infertility.
• This section does not prohibit any of the following:
  • treatment of human infertility that involves donated eggs or donated sperm;
  • cryopreservation of human eggs or sperm; or
  • donation of eggs or sperm without compensation for any purpose.

Section Three: Penalty and Enforcement Clause

• Insert a strong enforcement mechanism with criminal and financial penalties for anyone who knowingly violates this law.

Section Four: Severability Clause

If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby.