LANSING, Mich., May 24, 2022 — Today, the House Judiciary Committee voted unanimously in favor of House Bills 5713–5717 to protect victims of assisted reproduction fraud. This bipartisan package of bills would prohibit and provide criminal penalties and civil recourse for fertility fraud in Michigan.
“Too many survivors of fertility fraud lack a clear path to justice,” said state Rep. Kelly Breen (D-Novi), who is the sponsor of House Bill 5715. “Parents trust their medical provider to use their chosen donor’s egg or sperm sample, and they expect the donor to provide an accurate representation of their background and family history. IVF is supposed to be a safe alternative for people to welcome children into their life. Anyone who violates the trust of any part of the IVF process deserves to be held accountable.”
Together, this set of bills works to provide a path for legal recourse to victims of assisted reproduction fraud through various measures. The bills include proposals to allow for civil liability in instances of false representation in assisted reproduction, establish a 15-year lookback time frame for criminal charges based on the offense or when an individual is identified through DNA, and provide investigatory powers to the state’s Department of Licensing and Regulatory Affairs. Finally, the legislation makes it a third-degree criminal sexual conduct felony for any health professional to knowingly use their reproductive material for assisted reproduction procedures without patient consent.
The bill package now awaits a vote on the House floor.