H. B. 2940
(By Delegates Stevens, Roberts and Tansill)
[Introduced March 8, 2005; 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 §16-2J-1, relating to
prohibiting the destruction of frozen embryos; and providing
for the adoption of such embryos; and imposing a fine for
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 §16-2J-1, to read as
ARTICLE 2J. FROZEN EMBRYOS.
§16-2J-1. Frozen embryos.
No frozen human embryo located within the State of West
Virginia shall be intentionally destroyed, nor shall 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. Said embryo may be transferred to another
entity, located in the State of West Virginia, for preservation, or
it shall 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 shall be a fine of not less than one thousand dollars and
not more than three thousand dollars per offense.
Nothing in this section shall 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.
This article is new; therefore, strike-throughs and
underscoring have been omitted.