FERTILITY FRAUD ACT
- Introduced Feb 7, 2023
- In committee Feb 7, 2023
- Died
- Passed the House
- To the governor
- Became law
What it does
The legislature's own summary of the bill, or its official long title.
Creates the Illinois Fertility Fraud Act. Allows the following individuals to bring an action against any health care provider, embryologist, or any other person involved in any stage of the treatment who knowingly or intentionally used the health care provider's, embryologist's, or person's own human reproductive material without the patient's informed written consent to treatment using the health care provider's…
Read the full title (334 words)
Creates the Illinois Fertility Fraud Act. Allows the following individuals to bring an action against any health care provider, embryologist, or any other person involved in any stage of the treatment who knowingly or intentionally used the health care provider's, embryologist's, or person's own human reproductive material without the patient's informed written consent to treatment using the health care provider's, embryologist's, or person's human reproductive material: a woman who gives birth to a child after receiving assisted reproductive treatment or any other artificial means used to cause pregnancy; the spouse of the woman; the surviving spouse of the woman; or a child born as a result of the treatment. Allows a donor of human reproductive material to bring an action against a health care provider under certain circumstances. Provides that a plaintiff who prevails in an action is entitled to reasonable attorney's fees and compensatory and punitive damages or liquidated damages of $50,000. Provides that any child born as a result of the fertility fraud is entitled to a qualified protective order allowing the child access to the personal medical records and health history of the health care provider, embryologist, or other person who committed the fraud. Amends the Illinois Income Tax Act. Includes in the list of modifications of a taxpayer's adjusted gross income for the taxable year, to the extent includible in gross income for federal income tax purposes, any amount awarded or paid to the taxpayer as a result of a judgment or settlement for fertility fraud. Amends the Criminal Code of 2012. Provides that a person commits criminal sexual assault if that person is a health care provider who knowingly or intentionally provides assisted reproductive treatment to a patient by using the health care provider's own spermatozoon or ovum without the patient's informed written consent to treatment using the health care provider's spermatozoon or ovum. Amends the Code of Civil Procedure. Provides that an action for fertility fraud must be commenced within the later of 20 years after specified events.
Every action
13 steps, oldest first, as the legislature records them.
Show the 5 earlier steps
- SenateFiled with Secretary by Sen. David Koehler
- SenateFirst Reading
- CommitteeReferred to Assignments · Senate Assignments
- CommitteeAssigned to Special Committee on Criminal Law and Public Safety · Senate Sp. Comm on Crim Law and Pub Safety
- CommitteeTo Subcommittee on Special Issues on Criminal Law & Public Safety · Senate Special Issues
- SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. David Koehler
- CommitteeSenate Committee Amendment No. 1 Referred to Assignments · Senate Assignments
- CommitteeSenate Committee Amendment No. 1 Assignments Refers to Special Committee on Criminal Law and Public Safety · Senate Sp. Comm on Crim Law and Pub Safety
- SenateRule 2-10 Committee Deadline Established As March 24, 2023
- SenateRule 2-10 Committee Deadline Established As March 31, 2023
- CommitteeRule 3-9(a) / Re-referred to Assignments · Senate Assignments
- CommitteeSenate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments · Senate Assignments
- SenateSession Sine Die
Roll calls
No recorded votes on this bill yet.
Sponsors
The member who introduced it.
-
David KoehlerD Primary sponsor · District 46
From Illinois's official records (www.ilga.gov), checked Nov 13, 2026. Text links go to the official versions; LegiList does not copy bill text.