Senate Bill 183

Description of Bill: An Act to declare certain contract provisions regarding abortion as deceptive acts or practices.

Families from South Dakota Surrogacy oppose this bill, but will support Amendment A submitted by Senator Ruhl.

  • The gestational agreement cannot limit the right of a carrier to make her own healthcare decisions, including the decision to reduce or terminate her pregnancy.

  • A woman cannot be compelled to have an abortion in a gestational carrier agreement.

  • SB 183 threatens the protections provided in such an agreement by including language that invalidates the contract altogether, placing all participants in the surrogacy process at risk: the parents, surrogates, and the children born through the surrogacy process.

  • SB 183 would hurt the very  people who struggle to have babies and those who want to help them. It does not protect gestational carriers and places everyone involved in the gestational surrogacy process at risk.

This bill was introduced and referred to Judiciary Committee on 2/03/21. A hearing took place on 2/16/21. The bill was deferred with pending amendment.

Link to the bill 183: https://sdlegislature.gov/Session/Bill/21911

Action Needed: Call a Senator. Oppose bill 183.

House Bill 1248

Description of Bill: An Act to provide for certain reporting regarding human embryos.

Families from South Dakota Surrogacy oppose this bill.

  • HB 1248 would single out life-giving, pro-family medical treatments from among all others and subject them to a new regimen of government surveillance and tracking.
  • By federal law, every assisted reproductive technology
    (ART) procedure in South Dakota and in the U.S., including IVF, already must be reported to the Centers for Disease Control and Prevention (CDC). This information is carefully gathered, analyzed, and reported to the public by the CDC.
  • South Dakota need not require its Department of Health to engage in a duplicative effort.

  • No other state requires this additional reporting.

  • The bill will also harm patients by increasing their medical costs. There are costs associated with creating unnecessary, onerous paperwork for providers and laboratories. These reporting costs will add to the significant financial burden faced by most infertility patients in South Dakota, since South Dakota is one of the states that does not require insurers to cover infertility medical treatments.

Link to the bill 183: https://sdlegislature.gov/Session/Bill/21911

Action Needed: Call your Representative. Oppose bill 1248.

Update: A motion to send the bill to the 41st day was endorsed by the committee on a 5-1 vote, killing the legislation.