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IN SB0174
Bill
AI Summary
- Creates a civil cause of action for fertility fraud when a health care provider uses their own sperm or egg to treat a patient for infertility without informed written consent
- Prevailing plaintiffs may receive compensatory and punitive damages, or liquidated damages of $10,000, plus reasonable attorney's fees and fertility treatment costs
- Statute of limitations is 10 years after the child's 18th birthday or 20 years after the procedure, with a 5-year extension if new evidence emerges through DNA analysis, recordings, or confession
- Elevates deception involving misrepresentation of identity related to medical procedures and human reproductive material from a Class A misdemeanor to a Level 6 felony
- Urges the legislative council to assign a study committee to examine fertility laws, including gestational surrogacy
Legislative Description
Fertility fraud and deception. Establishes a cause of action for civil fertility fraud and provides that a prevailing plaintiff may be awarded: (1) compensatory and punitive damages; or (2) liquidated damages of $10,000. Specifies the statute of limitations for civil fertility fraud. Increases the penalty for deception involving the identity of a person or the identity or quantity of property to a Level 6 felony if the offense involves a misrepresentation relating to: (1) a medical procedure, device, or drug; and (2) human reproductive material. Urges the legislative council to assign the topic of fertility laws, including gestational surrogacy, to an appropriate study committee.
Last Action
Public Law 215
5/5/2019
Committee Referrals
Judiciary3/4/2019
Judiciary1/10/2019
Corrections & Criminal Law1/3/2019
Full Bill Text
No bill text available