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HB428: HB428 Health; codify right to in vitro fertilization for individuals

2025-2026 Regular Session · Enrolled version · Last action May 1, 2025

25 HB 428/AP House Bill 428 (AS PASSED HOUSE AND SENATE) By: Representatives Franklin of the 160th, Jones of the 47th, Silcox of the 53rd, Hilton of the 48th, Hong of the 103rd, and others A BILL TO BE ENTITLED AN ACT To amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to1 general provisions regarding health, so as to provide that nothing in Georgia law prohibits2 or prevents an individual from obtaining in vitro fertilization in this state; to provide for a3 definition; to provide for related matters; to provide for legi slative findings; to repeal4 conflicting laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 The General Assembly finds that:8 (1) Millions of Americans and Georgians have struggled to have children;9 (2) In vitro fertilization is a safe, effective, and legal way to make the dream of having10 children possible for many of those individuals;11 (3) Many members of this legislative body have received inquir ies from the public12 regarding the legal status of this procedure; and13 (4) Such uncertainty needs to be addressed through legislation confirming that nothing14 in Georgia law prohibits or prevents an individual from obtaining in vitro fertilization in15 this state.16 H. B. 428 - 1 - 25 HB 428/AP SECTION 2. 17 Chapter 1 of Title 31 of the Official Code of Georgia Annotated , relating to general18 provisions regarding health, is amended by adding a new Code section to read as follows:19 "31-1-26.20 (a) As used in this Code section, the term 'in vitro fertiliza tion' means a type of fertility21 treatment in which oocytes are removed from a female's ovary an d, in an embryology22 laboratory, fertilized with a male's sperm to form one or more embryos that begin23 development in such laboratory and are subsequently transferred to a female's uterus or24 preserved for future use.25 (b) Nothing in this Code shall be construed to prohibit or pre vent an individual from26 obtaining in vitro fertilization in this state."27 SECTION 3.28 All laws and parts of laws in conflict with this Act are repealed.29 H. B. 428 - 2 -
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