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.