SD HB1164

Creates a Class 5 felony for licensed health care providers who knowingly use reproductive material from a donor without the patient's written consent, or intentionally use their own reproductive material without consent during assisted reproduction procedures

Consent to an anonymous donor is not a defense; the statute of limitations for criminal prosecution begins only when the violation is discovered and reported

Allows civil lawsuits by the birth patient, surviving spouse, intended parent, child born from the procedure, or donor whose material was misused

Prevailing plaintiffs entitled to $10,000 in liquidated damages, compensatory and punitive damages, reasonable attorney's fees, and all procedure costs

Civil actions must be filed within 5 years of the child's 18th birthday or within 5 years of discovering evidence through DNA analysis, records, or provider admission