Criminal Law - Fraud - Assisted Reproductive Treatment
HB0645 creates a new criminal offense and civil remedy for what the bill defines as fraudulent assisted reproductive treatment involving a person’s sperm or ovum used without that person’s written consent. The bill defines “assisted reproductive treatment” broadly to include egg and sperm donation, embryo donation, intracytoplasmic sperm injection, intrauterine or intracervical insemination, and in vitro fertilization with embryo transfer.
Under the bill, a person who intentionally or knowingly provides assisted reproductive treatment using their sperm or ovum without the other party’s written consent commits a felony punishable by up to 10 years’ imprisonment, a fine of up to $5,000, or both. The bill also creates a private right of action for the woman who gives birth, her spouse or domestic partner, or the child born as a result of the treatment, and allows the child to seek a qualified protective order to access the provider’s medical records and health history. The civil action must be filed within specified limitations periods, and prevailing plaintiffs may recover treatment costs, liquidated damages up to $50,000, compensatory damages, and attorney’s fees and costs.
The bill would add a new section to Maryland’s Criminal Law Article, expanding state fraud law into the assisted reproduction context. It also affects related family, medical privacy, and reproductive-health interests by creating rights for children born from the treatment and by authorizing access to certain medical information through court order. The act is set to take effect October 1, 2026.
The available context suggests generally favorable treatment in the House, where the bill received a favorable-with-amendments committee report and was adopted on second reading. No committee transcript or recorded vote details are provided, and the bill was still in the Senate hearing stage in the supplied status information, so there is no evidence here of organized opposition or detailed floor debate.
The main point of potential contention is the scope and enforcement of the new offense: the bill reaches a wide range of fertility procedures and imposes both criminal penalties and civil liability for lack of written consent. Questions may arise about proof, medical practice implications, consent documentation, statute of limitations, and access to medical records, especially for fertility clinics, donors, intended parents, and children born through assisted reproduction.
HB0645 would add a new criminal fraud provision to the Maryland Criminal Law Article, codified as Section 8-906, specifically targeting unauthorized use of a person’s sperm or ovum in assisted reproductive treatment. It creates felony liability, civil damages, and a court-ordered mechanism for a child born from the treatment to access the provider’s medical records and health history, thereby expanding state law in the areas of criminal law, reproductive medicine, and civil remedies for reproductive fraud.
The bill appears to have been received positively in the House, as reflected by a favorable-with-amendments committee report and adoption on second reading. Because no hearing transcript or vote tally is provided, the broader sentiment can only be characterized as generally supportive at this stage, with the measure advancing through the legislative process without documented public debate in the supplied materials.
The likely areas of contention are the bill’s breadth and its dual criminal-civil enforcement scheme. Supporters would likely emphasize consent, deterrence, and remedies for people harmed by unauthorized reproductive use, while critics may focus on the felony penalty, the broad definition of assisted reproductive treatment, the evidentiary burden of proving lack of written consent, privacy concerns tied to medical-record access, and the potential impact on fertility clinics, donors, and reproductive-health providers.