Washington D.C., Aug 21, 2019 / 15:00 pm
Lawmakers in three states have passed laws to criminalize "fertility fraud" following a series of scandals in which fertility doctors impregnated women with their own sperm without their knowledge or consent. But amid renewed discussion of the fertility industry, one ethicist told CNA that the laws do not go far enough.
On June 4, Texas Gov. Greg Abbott (R) signed into law Senate Bill 1259, making the use of reproductive material from an unagreed upon donor a form of sexual assault, and could require an offending doctor to register as a sex offender. The bill was unanimously passed by both the Texas House and Senate, and went into effect on July 1.
The Texas law is unique in classifing donor-deception as sexual assault.
Legislation in Indiana, passed in May of this year, made it a felony for someone to misrepresent a medical procedure, device, or drug, including reproductive material. A plaintiff may also sue the medical professional for damages. Similar laws were passed in California in 2011.