This bill amends the Revised Judicature Act of 1961 by adding a new section, 2980, which establishes legal liability for individuals who engage in false representation in assisted reproduction. Under this new section, individuals who are harmed by such false representations can seek damages, which may include three times the actual economic or noneconomic damages sustained, as well as reasonable attorney fees and costs. The bill specifies that various parties, including the patient who gives birth, the patient's spouse, individuals conceived through assisted reproduction, and donors whose gametes or embryos were involved, can bring an action for damages.

Additionally, the bill outlines that each child born as a result of false representation constitutes a separate cause of action, and claims must be filed within three years of discovering the false representation. The new section also clarifies definitions related to assisted reproduction and states that the remedies provided under this section are in addition to any other legal penalties or remedies available. The enactment of this bill is contingent upon the passage of House Bill No. 5036.

Statutes affected:
Substitute (H-1): 600.101, 600.9947
House Introduced Bill: 600.101, 600.9947
As Passed by the House: 600.101, 600.9947