Garden State Times

The Senate Law and Public Safety Committee has approved bipartisan legislation sponsored by Senator Kristin Corrado (R-40) and Senate President Nick Scutari (R-22) to criminalize fertility fraud and hold healthcare practitioners accountable for violating patients' trust.

"As genetic testing becomes more widely accessible, more individuals are discovering cases of doctor-donor fertility fraud. This devastating violation of trust between a patient and their healthcare practitioner has an immeasurable impact on victims’ reproductive rights," said Senator Kristin Corrado. "This bill would provide patients with greater peace of mind when receiving reproductive treatments and penalize medical professionals who commit this heinous fraud."

"Fertility fraud is a violation of a patient's reproductive rights. It should also be a crime," said Senate President Nick Scutari. "It robs individuals and couples of their right to reproduce as they see fit, and exposes their offspring to genetic diseases and predispositions without their knowledge. This bill will help deter doctors and other medical practitioners from engaging in this abhorrent behavior and punish those who do."

Currently, there is no applicable law for fertility fraud. Senator Corrado's legislation would define fertility fraud as healthcare practitioners knowingly performing an assisted reproduction treatment that results in a pregnancy using their own or someone else's eggs or sperm without the knowledge or consent of their patient.

This bill, S-3328, would penalize fertility fraud as a third-degree crime, punishable by three to five years in prison, up to $15,000 in fines, or both. A healthcare practitioner found guilty of fertility fraud would also have their certifications or licenses permanently revoked.

Under the bill, prosecuting a healthcare practitioner for fertility fraud would be required to begin within 20 years of the date of assisted reproduction treatment or within 10 years of the date when the victim became aware of the crime.