H. B. 4463
(By Delegate Tucker)
[Introduced February 7, 2008; referred to the
Committee on Health and Human Resources then the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §16-2L-1, relating to prohibiting the
destruction of frozen embryos; and providing for the adoption of such
embryos; and imposing a fine for noncompliance.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a
new article, designated §16-2L-1, to read as follows:
ARTICLE 2L. FROZEN EMBRYOS.
§16-2L-1. Frozen embryos.
A frozen human embryo located within the State of West Virginia may not be
intentionally destroyed, nor may any frozen embryo be transported to another
state or any other location for the purpose of its destruction. Every frozen
human embryo shall be preserved and protected, in order to maintain its
capability to survive in the future. A frozen embryo may be transferred to
another entity, located in the State of West Virginia, for preservation, or it
may be made available to a married couple desiring to adopt it, to raise as
their child. The goal for each frozen embryo located in the State of West
Virginia is that it be adopted by a family in which it can live out its full
life.
The penalty for failure to comply with the terms of this section is a fine of
not less than one thousand dollars and not more than three thousand dollars for
each separate offense.
This section may not be construed or interpreted to condone, permit, allow or
endorse any abortion.
NOTE: The purpose of this bill is to prohibit the destruction of frozen embryos,
and to provide for the adoption of frozen embryos and to impose a fine for
noncompliance.
Strike-throughs indicate language that would be stricken from the present law,
and underscoring indicates new language that would be added.