The following states have enacted or are currently considering (as of April 2023) legislation to address medical professionals who use reproductive materials from themselves or a donor without the patient’s consent to use of those materials and/or who provide false information to patients about donors.
PENDING
ILLINOIS
Senate Bill 4199 would create a Fertility Fraud Act to provide for civil causes of action for, and criminalize certain instances of, fertility fraud.
MICHIGAN
House Bill 4178 and House Bill 4182 would criminalize fertility fraud.
NEW YORK
Senate Bill S4360 would criminalize fertility fraud.
WASHINGTON
House Bill 1300 would criminalize fertility fraud.
ENACTED
ARIZONA
Arizona provides for a civil cause of action for particular instances of fertility fraud.
Ariz. Rev. Stat. Ann. § 12-567
ARKANSAS
Arkansas provides for a civil cause of action for, and criminalizes certain instances of, fertility fraud.
CALIFORNIA
California provides for a civil cause of action for, and criminalizes certain instances, fertility fraud.
COLORADO
Colorado provides for a civil cause of action for, and criminalizes certain instances of, fertility fraud. It also provides for professional discipline.
Colo. Rev. Stat. Ann. § 18-13-131
Colo. Rev. Stat. Ann. § 13-21-132
Colo. Rev. Stat. Ann. § 12-255-120
FLORIDA
Florida criminalizes the use of reproductive material from a donor knowing the patient has not consented to the use of that reproductive material and provides for the immediate suspension of a perpetrator’s medical license upon conviction or pleading guilty.
INDIANA
Indiana provides for a civil cause of action for certain instances of fertility fraud.
Ind. Code Ann. § 34-24-5-1 et seq.
IOWA
Iowa criminalizes the provision of false information regarding donor gametes and provides for a private right of action for such violations.
KENTUCKY
Kentucky provides for a civil cause of action for, and criminalizes certain instances of, fertility fraud.
OHIO
Ohio criminalizes specific acts as fraudulent assisted reproduction and requires that the appropriate professional licensing board be notified of any conviction or guilty plea.
TEXAS
Texas criminalizes as sexual assault the use of reproductive material from a donor knowing the patient has not consented to the use of that reproductive material.
UTAH
Utah criminalizes use of the healthcare provider’s own genetic material on a patient without the patient’s written consent.
The pending and enacted legislation listed on this page are provided for informational purposes only. Unless otherwise indicated, inclusion does not denote that the legislation is sponsored, supported, or led by USDCC.