---
urn: urn:us-la:rs:9:123
citation: "R.S. 9:123"
status: active
breadcrumb: "Title 9 › Code Preliminary Title › Code Book I › Code Title I › Chapter 3"
acts_citations:
  - { year: 1986, number: 964, section: 1, effective_date: null, role: enactment }
  - { year: 2025, number: 116, section: 1, effective_date: null, role: amendment }
---

# Capacity

A. An in vitro fertilized human embryo exists as a juridical person until it is either:

(1) Deemed nonviable as provided in R.S. 9:121.

(2) Implanted in the womb, at which time rights attach as otherwise allowed by law.

B. As a juridical person, the in vitro fertilized human embryo shall:

(1) Have the capacity to sue or be sued.

(2) Be recognized as a separate entity apart from the medical facility or clinic where it is housed or stored.