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

Right to Know promotes fertility fraud legislation with a broad 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 of a 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 criminal or civil act.

(* indicates states where RTK is working to enact legislation)

Proposed Laws

*Iowa 

Senate Bill SF529, sponsored by Senator Sweeney

Kentucky
  • coming soon

*Michigan
  • coming soon, sponsored by Rep. Roth

*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

Enacted Laws

  1. Arkansas, April 2021

    • Created a 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 as well as $10,000 liqudated 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 punished 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. Statute of limitations starts upon discovery of the offense. Fertility fraud now included under enumerated unprofessional conduct.

  5. Florida, July 2020

  • Created a third degree felony offense for using material without patient’s specific consent, up to 5 years imprisonment and $5,000 fine. If a physician uses their own material, it is a second degree felony, up to 15 years imprisonment and $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 discovery of offense. Fertility fraud included under enumerated unprofessional conduct

  1. Indiana, May 2019

    • Human reproductive material used without donor’s express consent. Created a felony offense level 6 and 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 yeas 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.

  2. 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. Statue of limitations: 2 years after the discovery of the offense.

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