Illinois Fertility Fraud Act (SB0380) Summary

• Establishes the Illinois Fertility Fraud Act, creating civil liability for health care providers who use their own reproductive material without patient's informed written consent during assisted reproductive treatment.

• Allows patients, intended parents, surviving spouses, and resulting children to sue for compensatory and punitive damages or $50,000 in liquidated damages, plus attorney's fees and fertility treatment costs.

• Creates separate cause of action for each child born from fraudulent treatment and allows donors to sue if their reproductive material was used without consent or beyond the scope of consent.

• Provides children born from fertility fraud access to the perpetrator's personal medical records and health history through qualified protective order.

• Establishes extended statute of limitations: 20 years for victims/patients/children or 8 years for donors, measured from the procedure, child's 18th birthday, DNA discovery, discovery of records, or defendant's confession—whichever is latest.

• Amends Illinois Income Tax Act to exclude fertility fraud settlement awards from taxable income.