MD HB209

Health care providers must obtain written informed consent from both donors and recipients before using human reproductive material (sperm, eggs, or embryos) in assisted reproductive treatments including IVF, insemination, and embryo donation

Providers are prohibited from using their own sperm or eggs to treat patients without explicit informed consent, and from misrepresenting donor identity, genetic characteristics, medical history, or material quality to recipients

Providers must report any misuse, misrepresentation, or error involving reproductive material to their licensing board and inform affected recipients

Civil damages are available to birth mothers, their spouses/partners, resulting children, and donors, with remedies including treatment costs, up to $50,000 in liquidated damages, compensatory damages, and attorney's fees

Criminal penalties for providers who knowingly use their own reproductive material without consent include felony charges with up to 10 years imprisonment and/or $5,000 fine; effective date October 1, 2026