The General Assembly Passes Fertility Fraud Bill

By Aditee Sakhare, Summer Internship Communications Team

Rep. Didech is proud to have been the Chief House Sponsor of SB0380 which will outlaw
“fertility fraud,” defined as when a health care provider has used their own reproductive cells
during a treatment without the patient’s informed consent. The bill will make “fertility fraud” a
civil offense, allowing victims to file civil lawsuits against health providers who commit fertility

Should the plaintiff prevail, the plaintiff is entitled to the costs of the fertility treatment and can also recover reasonable attorney’s fees as well as: compensatory or punitive damages; or
liquidated damages of $50,000. The bill will also allow the child born under fertility fraud to
access the personal medical records and health history of the health care provider who committed
the fraud.

The bill passed both the Illinois Senate and the Illinois House during the 2023 spring legislative
session. At the time of publishing, the bill is awaiting Governor Pritzker’s signature. If Governor Pritzker approves of the proposal, Illinois will join 11 other states, including Indiana, Texas, and California, in protecting against fertility fraud.

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