Section 1 of this bill provides that a provider of health care who, in the course of performing a procedure for assisted reproduction on a patient, knowingly uses his or her own gametes or the gametes of another person, without the express consent of the patient, is guilty of the crime of fertility fraud. Section 1 makes the crime of fertility fraud punishable as a category C felony and requires the Attorney General to provide certain notice to each professional licensing board that has issued a license, certificate or registration to a person convicted of fertility fraud. Section 3 of this bill authorizes a person who has suffered injury as a result of a violation of section 1 to bring a civil action to recover damages. Section 2 of this bill requires a person to commence an action to recover damages brought pursuant to section 3 within 5 years after the date on which the person discovers the facts constituting fertility fraud.

Statutes affected:
As Introduced: 11.190
BDR: 11.190