Sub. H.B. No. 64 Summary

• Creates the criminal offense of "fraudulent assisted reproduction" as a third-degree felony when a health care professional knowingly uses reproductive material without patient consent, misrepresents donor information, or fails to comply with consent requirements; upgrades to second-degree felony if violations occur as part of a course of conduct.

• Establishes a five-year statute of limitations for prosecuting fraudulent assisted reproduction, which may extend to five years after discovery of DNA evidence, recordings, or confession if discovered before age twenty-one.

• Permits civil actions by patients, their spouses, and children born from unauthorized procedures, as well as by donors whose material was used without consent, with recovery of attorney's fees and either compensatory/punitive damages or $10,000 liquidated damages.

• Allows separate civil actions for each child born as a result of unauthorized procedures and for each individual who received a donor's material without consent.

• Voids as against public policy any waivers or provisions that limit patients' or donors' claims under these new civil remedies, and requires courts to notify professional licensing boards of fraudulent assisted reproduction convictions.