By SUMMER BALLENTINE
Associated Press

(JEFFERSON CITY, Mo., AP) — Missouri lawmakers on Tuesday weighed a proposal to advise courts on how to handle custody battles over embryos.

Supporters say if enacted, the measure would be the first of its kind dealing with disputes in situations such as a divorce over what to do with embryos created for in vitro fertilizations.

Republican sponsor Rep. John McCaherty, of High Ridge, said the legislation was spurred by a St. Louis woman in a legal battle with her ex-husband over two embryos.

Jalesia “Jasha” McQueen told a House committee Tuesday that she gave birth to twin boys, now 8, through in vitro fertilization.

“There’s not a day that goes by that I don’t look at my boys and imagine if they were still frozen,” said McQueen, who is trying to access two remaining embryos to get pregnant again.

Her ex-husband wants the embryos destroyed or donated to research or an infertile couple. McQueen helped create Embryo Defense, a group that advocates for others trying to reclaim frozen embryos from failed relationships.

The pending legislation says courts must resolve custody conflicts in a way that “is in the best interest of the in vitro human embryo,” and says that’s presumed be awarding custody to the sperm or egg donor who wants the embryo to be utilized. It says courts must not allow embryos under dispute to be destroyed or unused.

The bill also says courts may uphold agreements that donors sometimes enter into in advance that describe how the embryos can be used.

McCaherty said he thinks courts are too frequently backing agreements to destroy embryos and not ones that grant them to one donor.

“The reason that the courts are doing this is that they have no direction from the state,” McCaherty said.

American Civil Liberties Union of Missouri lobbyist Sarah Rossi disputed that and said the measure would unconstitutionally force people to become parents.

“You are not allowed to force someone to procreate if they don’t want to procreate,” Rossi said, adding that she expects case law on the issue to expand with time.

The current version of the bill, which is backed by Missouri Right to Life, also says embryos have the same rights as born children.

McCaherty said he intends to strip that language from the bill.

Lawmakers took no action on the measure Tuesday.

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Missouri embryo custody bill is HB 2558.

Online:

House: http://www.house.mo.gov