This bill establishes the crime of fraudulent assisted reproduction in South Dakota, defining key terms such as "assisted reproduction procedure," "donor," and "reproductive material." It outlines that a licensed health care provider commits 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. The bill also stipulates that the statute of limitations for prosecution does not begin until the violation is discovered and reported.
Additionally, 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 these actions are entitled to significant damages, including liquidated damages of $10,000, compensatory and punitive damages, and attorney's fees. The bill sets a five-year limit for initiating civil actions based on specific discovery conditions related to the assisted reproduction procedure.