I 
118TH CONGRESS 
1ST SESSION H. R. 3710 
To amend title 18, United States Code, to prohibit health professionals 
from providing false or misleading information with respect to assisted 
reproduction, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 25, 2023 
Mrs. MCCLAIN (for herself, Ms. PEREZ, and Mrs. DINGELL) introduced the 
following bill; which was referred to the Committee on the Judiciary 
A BILL 
To amend title 18, United States Code, to prohibit health 
professionals from providing false or misleading informa-
tion with respect to assisted reproduction, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fighting Fertility 
Fraud Act of 2023’’. 
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SEC. 2. FIGHTING FERTILITY FRAUD. 
(a) IN GENERAL.—Chapter 47 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘SEC. 1041. FRAUD IN CONNECTION WITH THE USE OF 
HUMAN REPRODUCTIVE MATERIAL. 
‘‘(a) OFFENSE
BY
A PERSON, HEALTH PROFES-
SIONAL, OR HEALTH FACILITY.—A person, health profes-
sional, or health facility, in any of the circumstances de-
scribed in subsection (d), that knowingly provided materi-
ally false or misleading information relating to assisted re-
production, including— 
‘‘(1) the human reproductive material provided 
or used for assisted reproduction; 
‘‘(2) the identifying information of the gamete 
provider including their name, birth date, or address 
at the time of gamete provision; or 
‘‘(3) a gamete provider’s medical history includ-
ing any known physical and mental health illness, 
the social, genetic, family medical history of the ga-
mete provider, or the gamete provider’s educational 
level, ethnicity, religious background, 
shall be imprisoned not more than 10 years, fined in ac-
cordance this title, or both. 
‘‘(b) OFFENSE
BY
HEALTH
PROFESSIONAL
OR 
HEALTH FACILITY.— 
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‘‘(1) the conduct described in such subsections 
occurs during the course of, or as the result of, the 
travel of the defendant or covered individual— 
‘‘(A) across a State line or national border; 
or 
‘‘(B) using a channel, facility, or instru-
mentality of interstate or foreign commerce; 
‘‘(2) the defendant uses a channel, facility, or 
instrumentality of interstate or foreign commerce in 
connection with the conduct described in such sub-
sections; 
‘‘(3) the conduct described in such sub-
sections— 
‘‘(A) interferes with commercial or other 
economic activity in which the defendant or cov-
ered individual is engaged at the time of the 
conduct; or 
‘‘(B) otherwise affects interstate or foreign 
commerce; 
‘‘(4) the conduct described in such subsections 
occurred within the special maritime and territorial 
jurisdiction of the United States or within any terri-
tory or possession of the United States; or 
‘‘(5) any payment of any kind was made, di-
rectly or indirectly, in furtherance of or in connec-
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tion with the conduct described in subsection (a) 
using any means, channel, facility, or instrumen-
tality of interstate or foreign commerce or in or af-
fecting interstate or foreign commerce. 
‘‘(d) CAUSE OF ACTION.— 
‘‘(1) IN GENERAL.—A cause of action may be 
brought for a violation of subsection (a) or (b) 
against a health professional, health facility, or ga-
mete provider by a donor conceived individual born 
as a result of such violation. 
‘‘(2) CERTAIN OTHER INDIVIDUALS.—A cause 
of action may be brought for a violation of sub-
section (a) or (b) against a health professional, 
health facility, or gamete provider by a patient or 
patient’s spouse for each donor conceived individual 
born as a result of such violation. 
‘‘(3) GAMETE
PROVIDER.—A cause of action 
may be brought for a violation of subsection (a) or 
(b) against a health professional or health facility by 
a gamete provider. 
‘‘(e) RELIEF.— 
‘‘(1) IN GENERAL.—In an action under sub-
section (e), the court may award appropriate relief, 
including temporary, preliminary, or permanent in-
junctive relief and compensatory and punitive dam-
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ages, as well as the costs of suit and reasonable fees 
for attorneys and expert witnesses. With respect to 
compensatory damages, the plaintiff may elect, at 
any time prior to the rendering of final judgment, to 
recover, in lieu of actual damages, an award of stat-
utory damages in the amount of $20,000 per viola-
tion. 
‘‘(2) 
COMPENSATORY
DAMAGES.—Compen-
satory damages awarded pursuant to paragraph (1) 
shall include the amount of all medical expenses in-
curred by the patient and any donor conceived child 
as a result of a violation of subsection (a) or (b), in-
cluding the cost of any procedure, treatment, and 
any other medical expense for the patient and any 
donor conceived child. 
‘‘(f) STATUTE OF LIMITATIONS.—An action brought 
under subsection (e) may not be brought more than five 
years after the date on which the violation of subsection 
(a) or (b) was discovered by a covered individual. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) ASSISTED REPRODUCTION.—The term ‘as-
sisted reproduction’ means a method of causing 
pregnancy involving medical or scientific interven-
tion, other than sexual intercourse. 
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‘‘(2) ASSISTED REPRODUCTIVE TECHNOLOGY.— 
The term ‘assisted reproductive technology’ means 
any fertility treatment in which either eggs or em-
bryos are handled. 
‘‘(3) CONSENT.—The term ‘consent’ means 
consent in writing that is freely given, knowledge-
able, and informed. 
‘‘(4) COVERED
INDIVIDUAL.—The term ‘cov-
ered individual’ means the patient, patient’s spouse, 
gamete provider, or a donor conceived individual 
born as a result of a violation of subsection (a) or 
(b). 
‘‘(5) DONOR
CONCEIVED
INDIVIDUAL.—The 
term ‘donor conceived individual’ means an indi-
vidual conceived from one or more gametes from a 
gamete provider. 
‘‘(6) FAMILY
MEDICAL
HISTORY.—The term 
‘family medical history’ means any known medical 
history information about an individual’s first and 
second degree relatives. 
‘‘(7) FERTILITY
FRAUD.—The term ‘fertility 
fraud’ means any misrepresentation or false infor-
mation provided in assisted reproduction. 
‘‘(8) GAMETE.—The term ‘gamete’ means an 
unfertilized egg or sperm. 
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‘‘(9) GAMETE
PROVIDER.—The term ‘gamete 
provider’ means an individual who provides gametes 
intended for use in assisted reproduction, whether or 
not for consideration. 
‘‘(10) HEALTH FACILITY.—The term ‘health fa-
cility’ means a hospital, clinic, bank, laboratory, fa-
cility, or other health care institution involved in any 
aspect of assisted reproduction. 
‘‘(11) 
HEALTH
PROFESSIONAL.—The 
term 
‘health professional’ means an individual licensed, 
registered, certified, or otherwise authorized to en-
gage in a health profession. 
‘‘(12) HUMAN
REPRODUCTIVE
MATERIAL.— 
The term ‘human reproductive material’ means a 
human sperm, egg, or a human organism at any 
stage of development from fertilized ovum to em-
bryo. 
‘‘(13) MEDICAL HISTORY.—The term ‘medical 
history’ means information about any known phys-
ical, social, and mental health of an individual 
known to be, or that could be, inheritable according 
to medical standards. 
‘‘(14) PATIENT.—The term ‘patient’ means an 
individual under the care of a health professional. 
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‘‘(15) PATIENT’S SPOUSE.—The term ‘patient’s 
spouse’ means the spouse or partner of the patient 
at the time at which the assisted reproduction oc-
curred.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 47 of title 18, United States 
Code, is amended by adding at the end the following new 
item: 
‘‘1041. Fraud in connection with the use of human reproductive material.’’. 
Æ 
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