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AZ SB1237
Bill
Status
3/24/2021
Primary Sponsor
Nancy Barto
Click for details
AI Summary
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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.
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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.
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Allows reproductive material donors to sue providers who used their donated material without consent or in a manner inconsistent with the donor's consent.
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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.
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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