Changes to Existing Law

26.646.9 26.646.10 101st Legislative Session 1164 2026 South Dakota Legislature House Bill 1164 Introduced by: Representative Jorgenson Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to establish the crime of fraudulent assisted reproduction and provide a 1 penalty and civil liability therefor. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That a NEW SECTION be added to chapter 22-22A: 4 Terms used in this Act mean: 5 (1) "Assisted reproduction procedure," a method of causing pregnancy, other than 6 through sexual intercourse, including in vitro fertilization and transfer of embryos, 7 intracytoplasmic sperm injection, and intracervical or intrauterine insemination; 8 (2) "Donor," an individual who donates reproductive material, whether for personal 9 use or compensation; and 10 (3) "Reproductive material," a human sperm or ovum, or a human organism at any 11 stage of development from fertilized ovum to embryo. 12 Section 2. That a NEW SECTION be added to chapter 22-22A: 13 It is a Class 5 felony for a licensed health care provider, in the performance of an 14 assisted reproduction procedure, to: 15 (1) Knowingly cause the use of reproductive material from a donor if the patient did 16 not give written consent to receive the reproductive material from the donor; or 17 (2) Intentionally cause the use of the licensed health care provider's own reproductive 18 material without the patient's written consent. 19 It is not a defense to a violation of this section that the patient consented to an 20 anonymous donor. 21 Notwithstanding any other provision of law, the applicable period of limitation for 22 prosecution of a violation of this section does not begin to run until the date on which the 23 violation is discovered and reported to law enforcement or any other governmental 24 agency. 25 26.646.9 26.646.10 2 1164 Underscores indicate new language. Overstrikes indicate deleted language. HB1164 ENROLLED Section 3. That a NEW SECTION be added to chapter 22-22A: 1 The following individuals may bring a civil action against a licensed health care 2 provider for performing an assisted reproduction procedure in violation of section 2 of this 3 Act: 4 (1) The patient who gives birth to a child as a result of the assisted reproduction 5 procedure; 6 (2) The surviving spouse of the patient under subdivision (1); 7 (3) The intended parent of a child born as a result of the assisted reproduction 8 procedure; 9 (4) A child born as a result of the assisted reproduction procedure in violation of section 10 2 of this Act; and 11 (5) The donor whose reproductive material was used without the donor's consent or in 12 a manner inconsistent with the donor's consent. 13 An individual who brings any action under subdivisions (1) to (4) of this section 14 has a separate cause of action for each child born as a result of the assisted reproduction 15 procedure. An individual who brings an action under subdivision (5) of this section has a 16 separate cause of action for each patient who received an assisted reproduction procedure 17 using the donor's reproductive material. 18 An individual who prevails in an action under this section is entitled to liquidated 19 damages of ten thousand dollars, compensatory and punitive damages, and reasonable 20 attorney's fees. An individual who prevails in any action brought pursuant to subdivisions 21 (1) to (4) of this section is also entitled to all costs associated with the assisted 22 reproduction procedure. 23 An action may be maintained under this section whether or not the licensed health 24 care provider alleged to have violated section 2 of this Act is charged or convicted of the 25 alleged crime. 26 Section 4. That a NEW SECTION be added to chapter 22-22A: 27 Notwithstanding any other provision of law, an individual shall commence a civil 28 action pursuant to section 3 of this Act no later than five years after: 29 (1) The eighteenth birthday of the child born as a result of the assisted reproduction 30 procedure; or 31 (2) The earliest of the dates on which: 32 26.646.9 26.646.10 3 1164 Underscores indicate new language. Overstrikes indicate deleted language. HB1164 ENROLLED (a) The individual first discovers evidence sufficient to bring an action against 1 the licensed health care provider through deoxyribonucleic acid analysis; 2 (b) The individual first becomes aware of the existence of a record that provides 3 evidence sufficient to bring an action against the licensed health care 4 provider; or 5 (c) The licensed health care provider admits to the facts giving rise to the 6 action. 7 26.646.10 4 1164 HB1164 ENROLLED An Act to establish the crime of fraudulent assisted reproduction and provide a penalty and civil liability therefor. I certify that the attached Act originated in the: House as Bill No. 1164 Chief Clerk of the House Speaker of the House Attest: Chief Clerk of the House President of the Senate Attest: Secretary of the Senate House Bill No. 1164 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State