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AZ SB1237

Bill

Status

Passed

3/24/2021

Primary Sponsor

Nancy Barto

Click for details

Origin

Senate

Fifty-fifth Legislature - First Regular Session (2021)

AI Summary

  • Establishes civil liability for licensed health care providers who use their own reproductive material or knowingly misuse donated reproductive material without informed written consent during infertility treatment.

  • Allows women who give birth, their spouses, surviving spouses, or resulting children to sue providers who used the provider's own genetic material without consent.

  • Allows reproductive material donors to sue providers who used their donated material without consent or in a manner inconsistent with the donor's consent.

  • Prevailing plaintiffs may recover reasonable attorney fees, fertility treatment costs, and either compensatory and punitive damages or liquidated damages of $10,000 per child or treatment recipient.

  • Sets statute of limitations at 10 years after the child's 18th birthday or 20 years after the procedure, with a 5-year extension possible if DNA analysis, recordings, or defendant confession later provide evidence of the fraud.

Legislative Description

Fertility fraud; civil; criminal action

Definitions

Last Action

Chapter 126

3/24/2021

Committee Referrals

Rules3/1/2021
Judiciary2/22/2021
Rules1/21/2021
Judiciary1/20/2021

Full Bill Text

No bill text available