State Rep. Joe Pavlov recently voted in support of a plan to strengthen state law against fertility fraud and false representation in assisted reproduction.

House Bills 5035-5039 establish new civil remedies, felony penalties, and professional disciplinary measures for deceptive practices related to assisted reproduction.

“Families who pursue fertility treatment place an extraordinary amount of trust in the medical professionals guiding them through the process,” said Pavlov (R-Smiths Creek). “That trust should never be abused. These reforms make it clear that intentionally misleading patients or using reproductive material without consent will be treated as a serious violation of both the law and the public’s trust.”

The legislation follows documented cases in other states where fertility providers allegedly used reproductive material other than what patients consented to, including instances involving physicians using their own sperm.

If enacted, the legislation would:

• Create a civil cause of action for false representation in assisted reproduction, allowing harmed individuals including the patient, spouse, offspring, and affected donors to recover economic and noneconomic damages, punitive damages, and attorney fees. Claims must be filed within three years of discovery, and each child born as a result of the fraud would constitute a separate cause of action. (HB 5035)

• Establish new felony penalties for assisted reproduction fraud, including knowingly providing false or misleading information about the embryo or gamete used, donor identity, or donor medical history. The bill also creates a 15-year felony for a health professional who knowingly or recklessly uses reproductive material other than what the patient consented to, including their own. Use of an anonymous donor would not be a defense. (HB 5036)

• Extend criminal prosecution timeframes, allowing indictments within 15 years of the offense or later when DNA evidence identifies an unknown offender, with a 15-year limit after identification. (HB 5037)

• Update sentencing guidelines to reflect the newly created assisted reproduction fraud felonies. (HB 5038)

• Authorize licensing discipline through the Michigan Department of Licensing and Regulatory Affairs, including probation, practice limitations, suspension or revocation, restitution, and fines for providers convicted of assisted reproduction fraud. (HB 5039)

“This legislation ensures that victims have a clear path to justice, establishes meaningful criminal penalties for those who commit this type of fraud, and strengthens oversight of medical professionals who violate their patients’ trust,” Pavlov said. “Michigan families deserve transparency, accountability, and protection under the law.”

House Bills 5035-5039 have advanced to the Senate for further consideration.