This bill establishes the crime of fraudulent assisted reproduction in South Dakota, defining specific terms related to assisted reproduction procedures, donors, and reproductive materials. It outlines that a licensed health care provider can be charged with a Class 5 felony if they knowingly use reproductive material from a donor without the patient's written consent or use their own reproductive material without consent. Additionally, the bill stipulates that the statute of limitations for prosecution does not begin until the violation is discovered and reported.
Furthermore, the bill allows various individuals, including the patient, their spouse, intended parents, children born from the procedure, and donors, to bring civil actions against health care providers for violations. Those who prevail in such actions are entitled to significant damages, including liquidated damages of $10,000, compensatory and punitive damages, and reasonable attorney's fees. The bill also sets a five-year limit for initiating civil actions based on the age of the child born or the discovery of evidence related to the violation.