§ 20-111. Posthumous use of sperm or egg

   (a) Applicability of section. --

   (1) This section applies to the use of sperm or eggs from a donor known to the individual who intends to become a parent through the use of the sperm or eggs.

   (2) This section does not apply to the use of sperm or eggs donated to a tissue bank or fertility clinic by a donor who intended to remain anonymous either indefinitely or until a child that results from the use of the sperm or eggs becomes an adult.

(b) Prohibited use. -- A person may not use sperm or eggs from a known donor after the donor's death for the purpose of assisted reproduction, if:

   (1) The person knows that the known donor died and did not give consent for the posthumous use of the sperm or eggs; or

   (2) The donor or the individual who intends to become a parent through the use of the sperm or eggs receives any remuneration for the donation or use of the sperm or eggs.

(c) Donor's consent. -- A donor's consent to the posthumous use of the donor's sperm or eggs given on or after October 1, 2012 is not valid unless it is:

   (1) In writing; and

   (2) Signed by the donor or by some other person for the donor, in the presence of the donor, and at the express direction of the donor.

(d) Violation. -- A person who violates this section is guilty of a misdemeanor and on conviction is subject to:

   (1) For a first offense, a fine not exceeding $ 1,000; and

   (2) For a second or subsequent offense, a fine not exceeding $ 5,000.

HISTORY: 2012, ch. 649; 2013, chs. 43, 644.