Senate Bill 137

Description of Bill: An Act to Establish Gestational Surrogacy Arrangements and Agreements.

**Families from South Dakota Surrogacy, Inc. Supports this Bill**

  • The (Surrogacy) Bill seeks to allow and regulate Gestational Surrogacy through “best practice” protections.

  • Requires that the gestational surrogate and intended parents be at least 21 years old.

  • Requires that the gestational surrogate and intended parents sign a detailed contract spelling out all aspects of the arrangement between the two parties. The gestational surrogate must receive independent legal counsel of her choosing.

  • Requires that the gestational surrogate have a psychological and medical evaluation prior to entering the agreement.

  • Ensure that intended parents who enlist the help of a gestational surrogate to conceive their child have a secure legal relationship with their child from the moment of birth.

This bill was introduced and referred to Judiciary Committee on 1/26/22.  Diedrich, Michael (R); Duhamel, Helene (R); Johns, Timothy (R); Rohl, Michael (R); Rusch, Arthur (R); Stalzer, Jim (R); Wheeler, David (R)

Link to the Bill 137:

Action Needed: Contact South Dakota State Senators and ask them to Support Bill 137

Bill Sponsors: Senators Greenfield (Brock) (prime), Diedrich, Foster, Heinert, Nesiba, Otten (Herman), Rohl, Smith (VJ), Symens, Tobin, and Zikmund and Representatives Davis (prime), Bartels, Bordeaux, Duba, Finck, Greenfield (Lana), Healy, Keintz, Lesmeister, Olson, Pourier, Rehfeldt, and St. John

National and State Organizations that Support the Bill: Sanford Heath, SD American College of Ob/Gyns, American Society of Reproductive Medicine, RESOLVE,  Assisted Reproductive Attorneys