State Rep. Doug Wozniak (R-Shelby Township) last week voted in support of bipartisan legislation that would strengthen Michigan’s laws against fertility fraud and false representation in assisted reproduction.

House Bills 5035-5039 would create new civil remedies, felony penalties, and professional discipline for deceptive assisted reproduction practices.

“When patients consent to assisted reproduction, they are trusting medical professionals with some of the most personal decisions a family can make,” said Wozniak. “Fertility fraud is not a paperwork mistake. It is deception with lifelong consequences. Michigan law must clearly define this conduct, hold offenders accountable, and give victims a path to justice.”

Wozniak supported the legislation during committee consideration and again on the House floor, calling the package “overdue and necessary.” The reforms follow documented cases in which fertility providers have allegedly used reproductive material other than what patients consented to, including instances in other states 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/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 or provides reproductive material, including their own, other than what the patient consented to. Use of an anonymous donor would not be a defense. (HB 5036)

• Extend criminal prosecution timeframes by 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 by LARA for providers convicted of assisted reproduction fraud, including probation, practice limitations, suspension or revocation, restitution, and fines. (HB 5039)

“This legislative package does three important things,” said Wozniak. “It ensures victims have enforceable civil remedies, it strengthens criminal penalties for fraudulent conduct, and it makes clear that professional licensing consequences must follow a criminal conviction. These protections are necessary to deter abuse, safeguard patients, and preserve the integrity of reproductive medicine.”

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