SB 128, the Assisted Reproduction Amendments, creates a new Utah Code section governing written agreements and consent forms for egg retrieval procedures performed by reproductive tissue facilities. The bill requires those documents to include a disclosure of any reasonably foreseeable complications associated with the egg retrieval procedure, ensuring donors are informed of material medical risks before the procedure occurs.
The bill also limits liability waivers in these agreements. It declares void and unenforceable any clause that would require a donor to release the facility from liability for complications arising within 90 days after the egg retrieval. In effect, the bill sets a minimum consumer-protection standard for egg donors by preventing facilities from contracting away responsibility for near-term complications tied to the procedure.
Impact
SB 128 amends Utah law by enacting Section 78B-3-407.5, which specifically regulates egg retrieval agreements in the assisted reproduction context. It affects reproductive tissue facilities, egg donors, and assisted reproduction contracts by mandating risk disclosures and restricting certain liability waivers. The bill does not appropriate money and takes effect on May 7, 2025.
Sentiment
The bill appears to have received broad bipartisan support and little visible opposition. It passed Senate committee, the full Senate, House committee, and the full House unanimously, with no recorded nay votes at any stage. The voting history suggests the legislation was viewed favorably as a targeted consumer- and patient-protection measure in the assisted reproduction setting.
Contention
There is little evidence of major contention in the available record, but the bill’s main policy issue is the balance between informed consent and contractual liability limits. Supporters likely favored requiring clearer disclosure of medical risks and preventing facilities from using broad waivers to avoid responsibility for complications. Any potential concern would center on whether the 90-day liability restriction could increase exposure for reproductive tissue facilities or affect the drafting of assisted reproduction consent forms, but no recorded opposition appears in the vote history provided.