# Understanding the Protecting Families from Fertility Fraud Act

This bill makes it a federal crime for fertility clinic workers, doctors, or anyone else involved in assisted reproductive technology to lie about where genetic material comes from. Specifically, it targets situations where someone knowingly misrepresents the source of DNA used in fertility treatments like in vitro fertilization (IVF) or artificial insemination. This could include a doctor secretly using the wrong sperm or egg donor, substituting genetic material without consent, or lying about the biological origins of the genetic material used in a procedure.

The crime carries serious penalties—up to 10 years in prison and fines. The law applies to cases that cross state lines or involve interstate commerce in any way, which covers most fertility clinics since they typically use materials, payments, or communications that cross state boundaries. This broad reach ensures federal prosecutors can handle these cases rather than leaving them only to state authorities. The bill also treats fertility fraud as a form of organized crime (racketeering), which allows prosecutors to pursue additional charges if someone is running a pattern of these fraudulent schemes.

One important provision extends the time window for prosecution. Normally, crimes have a statute of limitations—a deadline after which prosecutors can no longer bring charges. But this bill says that if DNA testing eventually identifies who committed the fraud, prosecutors have up to 10 years from that identification to file charges. This matters because fertility fraud might not be discovered for years or even decades, especially if children born from the fraud later take DNA tests and discover the truth about their biological origins.

In practical terms, this law protects people undergoing fertility treatment from being deceived about the genetic origins of their children. It addresses real cases where fertility professionals have secretly used their own genetic material or substituted donors without consent, causing profound emotional and legal consequences for families.

Protecting Families from Fertility Fraud Act of 2023

Bice, Stephanie I.

Protecting Families from Fertility Fraud Act of 2023 This bill establishes a new federal criminal offense for knowingly misrepresenting the nature or source of DNA used in assisted reproductive technology or assisted insemination. The term assisted reproductive technology includes any treatment or procedure that involves the handling of human oocytes or embryos, such as in vitro fertilization, gamete intrafallopian transfer, and zygote intrafallopian transfer. The term assisted insemination includes any procedure that involves the handling of sperm including intrauterine insemination. A violation is subject to a fine, a prison term of up to 10 years, or both. Additionally, the bill makes the violation a predicate offense (i.e., an underlying offense) for prosecutions under the federal racketeering statute.