[Draft 1] - In-Vitro Fertilisation, Surrogacy and Citizenship

[Simone]

The World Assembly (WA),

Noting that some individuals are unable to naturally give birth, but desire to raise children;

Believing that the WA is the optimal forum to resolve potential disputes over citizenship, birth rights, and other matters, especially when a cross-border element is involved;

The WA hereby enacts as follows:

1. Definitions.
   1. "Birth" means the biological birth of a child. In this resolution, births exclude newly created artificial intelligence or other non-biological lifeforms. "Partial birth" is not birth in this resolution.
   2. "C+" means WA Choice Plus and its facilities.
   3. "IVF" means in-vitro fertilisation.
   4. "JC" means the WA Judiciary Committee.
   5. "Surrogacy" includes, for convenience, carrying an embryo through birth as well as the birth of a child through IVF, artificial insemination, embryo transfer to a surrogate, vat-grown embryos or other scientific means of surrogacy, as well as births involving donations of gametes from donors (“donors”).
   6. "Surrogate" means an individual who gives birth to a child via surrogacy.
   7. "WAHQ" means the WA Headquarters.
2. Surrogates.
   1. No WA state may prohibit stand-alone IVF or surrogacy services to be provided within their jurisdiction.
   2. No WA state may prohibit donors or surrogates from receiving any benefits (or not receiving any, or purely out of altruism) for their acts.
   3. No donors or surrogates may be compelled to donate or act as a surrogate.
   4. No WA state may restrict whether one or more legal parent(s) (defined below) are involved in the process and the (identified or biological) gender of the parent(s).
   5. No WA state may prohibit the use of genetic testing and other scientifically validated techniques to ensure the viability of the embryo.
   6. Donors or surrogates are required to fully disclose their medical history (to the best of their knowledge) prior to acting as a donor or surrogate, subject to local laws on privacy and other matters. Such medical history may be disclosed to the legal parents on an anonymous basis.
   7. Donors or surrogates have an absolute right not to be contacted by anyone conceived with their assistance.
3. Parenthood.
   1. The individual(s) who agreed to become parents prior to the start of any IVF and surrogacy procedures are deemed the legal parent(s) of the child.
   2. Donors or surrogates have no claim to be a parent of the child and have no legal or financial obligations towards any child conceived through their acts.
   3. A WA state may, on a case-by-case basis, opt for a donor or surrogate to be granted parenthood if the child has no surviving legal parents at birth, subject to due process of law and the informed consent of the donor or surrogate.
   4. All WA states shall ascribe life (including personhood and sapiency) to begin at birth. Entitlements to citizenship (including dual citizenship and nationalities, if any) shall also begin at birth.
   5. No child born with the help of donors or surrogates within the jurisdiction of a WA state may be born stateless.
4. C+ role.
   1. C+ shall establish stand-alone facilities for abortion, IVF and surrogacy services, as well as services to fully support anyone pregnant, such as amniocentesis, at convenient, accessible and popular locations in all WA states, if C+ determines that such services are not otherwise available.
   2. C+ shall also offer referral services for anyone pregnant to become surrogates as well as adoption services, the latter in conjunction with the WA Adoption Authority.
   3. All services of C+ shall be available to users up to the time of birth.
   4. C+ shall also have facilities at WAHQ to offer the services stated in sub-clause (4)(a). C+ services within WAHQ are offered free of charge to the end user.
5. Jurisdiction.
   1. JC is responsible for ensuring that anyone born under the circumstances of sub-clause (3)(e), or born on the premises of WAHQ, are granted citizenship in at least one WA state, through any means as JC deems necessary.
   2. A WA state has jurisdiction over this resolution within the jurisdiction of that state, except for sub-clauses (3)(e) and (5)(a) for which JC retains jurisdiction. C+ retains jurisdiction on its own services.
   3. In case of disputes involving multiple WA states, such as between donors or surrogates from one WA state and legal parents from another WA state, the WA state from which the donor or surrogate originates has jurisdiction.