SB137Dead
establish gestational surrogacy arrangements and agreements.
South Dakota establishes a new legal framework allowing gestational surrogacy arrangements, where a woman (called a "gestational carrier") carries and delivers a baby created through in-vitro fertilization for intended parents who are not genetically related to the child. The bill defines key terms like "gestational carrier," "intended parent," "embryo," and "gestational carrier agreement" to create rules governing these surrogacy contracts. This creates a formal process for surrogacy in South Dakota where previously no specific state law addressed these arrangements.