GROUNDBREAKING FEDERAL LEGISLATION TO BE PROPOSED

Right to Know, Donor Deceived, and countless volunteers worked over the summer to develop a set of FEDERAL bills with bipartisan support from multiple legislators to protect donor conceived individuals, gamete providers, and families. We collaborated with victims, DCPs, recipient parents, gamete providers, attorneys, policy experts, other industry participants, and medical professionals to create this comprehensive legislation. These bills will change everything!
Specifics about how you can help coming soon. Together we can make the seemingly impossible possible! 

This legislation will:

  • Provide access to information through a Donor Registry for gamete providers, recipient/legal parents, and donor conceived individuals.
  • Enact guardrails to ensure ethical behavior and standards in assisted reproduction. 
  • Create civil and criminal penalties for fraud and negligence in assisted reproduction. 
  • Bring the U.S. in line with global fertility industry standards.

 

Right to Know promotes broad-based fertility fraud legislation with a definition of fraud to include physician, clinic, and donor misrepresentations. Proposed legislation we support also includes a criminal penalty as well as a civil cause of action with standing for the patient, the patient’s spouse, and the offspring, and a minimum three-year statute limitations from the time the fraud is discovered. All bills also include an additional criminal penalty for a physician who uses his own sperm and a provision to lose their medical license if convicted of a fertility fraud crime or civil act.

Visit Donor Deceived for a comprehensive overview of fertility fraud occurrences.

Proposed STATE Laws
Learn MORE about the legislation we are sponsoring in MI, NY, OR, WA
(* indicates states where RTK is working to enact legislation)

Illinois
*Michigan
*Nevada
  • coming soon
*New York
Ohio
*Oregon
Pennsylvania
*Washington
  • Senate Bill 5348, sponsored by Standford, Dhingra, Hasegawa, Hunt, and Salomon.

  • House Bill 1848 sponsored by Representative Orwall, Mosbrucker, Goodman, Graham

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We need your story for testimonies to educate legislators and policymakers. Get involved with Right To Know today – [email protected] 

Be An Advocate and contact your legislator. 

Enacted Laws

  1. Arkansas, April 2021: Created two felonies and a civil action by the patient or spouse against a health care provider who uses his own sperm without the written consent of the patient, who reasonably should have known the donor did not consent to its use or in the manner it is being used. The statute of limitations is five years after discovery or the defendant admits to the facts giving rise to the action. You can be awarded attorney’s fees, cost of treatment, and economic, compensatory, and punitive damages. It is a class C felony to misrepresent the identity of the donor or the quality of the material used in a fertility treatment with the purpose to defraud. A person is guilty of a class B felony if a healthcare provider knowingly uses unauthorized human reproductive material.

  2. Arizona, March 2021: Created a civil action by the patient, the patient’s spouse, the child against a health care provider who uses their own reproductive material without the written consent of the patient. Possible award of compensatory and punitive damages or $10,000 liquidated damages. There’s a separate cause of action for each child. A civil cause of action may be brought within five years of discovering sufficient evidence for a case or the defendant confesses.

  3. California, 1996: Created a crime to use reproductive material other than indicated by the donor’s consent form (except for sperm donors) and to implant reproductive material without written consent of the recipient. Violations punishable with three to five years in jail and a fine of up to $50,000.

  4. Colorado, July 2020: Created a felony offense (Class 6) and civil liability that can be brought by patient, spouse/partner, or child with liability for each child. May get attorney’s fees. Damages are reasonable compensation for injuries or $50,000. May pursue other remedies of law. A Class 6 felony offense means 18 mo jail, $1,000-$100,000 fine. The statute of limitations starts upon the discovery of the offense. Fertility fraud is now included under enumerated unprofessional conduct.

  5. Florida, June 2020: Created a third-degree felony offense for using material without patient’s specific consent, up to 5 years imprisonment, and a $5,000 fine. If a physician uses their own material, it is a second-degree felony, up to 15 years imprisonment and a $10,000 fine. It is not a defense the patient consent to an anonymous donor. Must register with the police. The statute of limitations starts upon the discovery of offense. Fertility fraud included under enumerated unprofessional conduct

  6. Indiana, May 2019: Human reproductive material used without donor’s express consent. Created a felony offense level 6 and a civil cause of action which may be brought by the patient, their spouse, or child. Damages include attorney’s fees, cost of the fertility treatment, punitive & compensatory damages, or $10,000. The statute of limitations: 10 years after the 18th birthday of the child (or 20 years after the procedure was performed) or five years after the discovery of fertility fraud through: DNA testing, confession by the health care provider, or sufficient evidence.

  7. Iowa, June 2022: If a health professional uses human reproductive material that the patient did not expressly consent to, it is a sex crime. It is a crime to provide false information to a patient related to assisted reproduction including the material being used and the donor’s identity and medical history and for a health professional or facility to provide a patient with material in a manner the donor and patient did not consent to (a request for anonymous donor is not a defense). Either crime creates a private cause of action for the patient, spouse, the offspring, and donor. If a doctor used his own sperm, in addition to compensatory or punitive damages, he must pay back child support and for a postsecondary education for the offspring – no parent-child relationship is created for legal purposes. A violation is grounds for revocation of health professional’s or health facility’s license. 

  8. Kentucky, April 2022. Use of human reproductive material other than what the patient consented to or use of the health care provider’s own material without the patient’s prior knowledge and consent. With a cause of action for the patient, spouse, offspring, and donor whose materials were used in a manner other than what was consented to for compensatory and punitive damages with a five-year statute of limitations after DNA discovery and creates a class D felony for such actions.
  9. Texas, May 2019: Human reproductive material used without the patient’s express consent to use that specific donor’s specimen is a sexual assault – a felony in the second degree. Statute of limitations: 2 years after the discovery of the offense. SB1895 passed in 2021 which added a two-year discovery rule to the Texas Medical Board statute of limitations for doctors who use their own sperm.

  10. Utah, March 2021: A health care provider who uses their own games without patient written consent is guilty of a third-degree felony.