Fraud in Assisted Reproduction.  Assisted reproduction means a method of causing pregnancy other than sexual intercourse including intrauterine or intracervical insemination, donation of gametes, donation of embryos, in-vitro fertilization and transfer of embryos, and intracytoplasmic sperm injection.

With the advent of commercially available genetic testing, many families who used assisted reproduction have discovered their doctors unsuspectingly used their own genetic material during the insemination process.  While this process has only recently come to light, the practice has been ongoing for decades.  A 1987 survey by the federal office of technology assessment found that approximately 2 percent of fertility doctors who responded had used their own sperm in inseminate patients.  From 1974 to 1987, a single doctor in Indiana used his own genetic material in fertility treatments dozens of times resulting in at least 50 children.

The bill as referred to committee not considered.

False Representation in Assisted Reproduction.  A health care provider is guilty of false representation in assisted reproduction if he or she knowingly provides false information to a patient related to gametes used or provided for assisted reproduction or the donor of the gametes.  The appropriate board or commission, or Department of Health may investigate any allegations of false representation, and may conduct an enforcement action against the licensed health care provider.

Unprofessional Conduct.  It is unprofessional conduct for any license holder under the jurisdiction of the statutory regulations of healthcare professions to commit false representation in assisted reproduction as described above.

• Applies the bill narrowly to only health care providers who engage in false representation in assisted reproduction.
• Removes new crime for assault in the third degree related to implanting gametes into a patient without written consent.
• Removes civil action for damages related to false representation.
• Provides the appropriate commission, board, or Department of Health to investigate allegations of false representation in assisted reproduction, and conduct enforcement actions.

The committee recommended a different version of the bill than what was heard.  PRO:  Sometimes a fertility clinic or doctor has lied about a medical procedure or their genetic parentage.  That is a legal and ethical breech.  The children have very little opportunity to seek justice.  The children are deprived of knowledge of parentage, medical history, and of what was intended.  We need to prevent this from happening to others. 

In 2019 I took an over-the-counter DNA test and found out that my biological father is my mother's doctor who abused his position as a trusted professional.  Fertility fraud is more than just doctor donor fraud.  Donors lie about their medical background in order to get more money.  Donor conceived children may not have any right to the medical background of the donors.