State Representative Doug Wozniak (R-Shelby Township) recently voted in favor of bipartisan legislation aimed at strengthening Michigan’s laws regarding fertility fraud and deceptive practices in assisted reproduction.
The proposed package, consisting of House Bills 5035-5039, introduces new civil remedies, felony penalties, and professional disciplinary measures for those found guilty of misleading patients during assisted reproductive procedures.
“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 described the legislative reforms as “overdue and necessary” during both committee review and debate on the House floor. The bills were introduced following documented incidents where fertility providers allegedly used reproductive material other than what patients had agreed to. This includes cases in other states involving doctors using their own sperm without patient consent.
If passed into law, the legislation would allow individuals harmed by false representation in assisted reproduction—including patients, spouses, offspring, and affected donors—to seek economic and noneconomic damages as well as punitive damages and attorney fees. Each child born as a result of such fraud would represent a separate cause of action under HB 5035.
The bills also propose new felony charges for knowingly providing false or misleading information about embryos or gametes used in procedures, donor identity, or donor medical history. A health professional who uses or provides reproductive material—such as their own—without patient consent could face up to 15 years in prison under HB 5036. Using an anonymous donor would not be considered a defense.
Additionally, the proposed laws would extend the timeframe for criminal prosecution: indictments could be brought within 15 years of the offense or later if DNA evidence identifies an unknown offender, with prosecution permitted up to 15 years after identification (HB 5037). Sentencing guidelines would also be updated (HB 5038), and providers convicted of assisted reproduction fraud could face licensing discipline from LARA including probation, suspension or revocation of licenses, restitution orders, 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.”
The bills have been sent to the Senate for further review.
