Maryland House Bill HB645

Maryland 2026 Regular Session

• Introduced: 1/30/26
• Refer: 1/30/26
• Report Pass: 3/21/26
• Engrossed: 3/23/26
• Refer: 3/23/26

Caption

Criminal Law - Fraud - Assisted Reproductive Treatment

Summary

HB645 creates a new criminal offense and civil remedy for a form of reproductive fraud involving assisted reproductive treatment. The bill makes it unlawful for a person to intentionally or knowingly provide assisted reproductive treatment to another using that person’s sperm or ovum without the other person’s written consent. The measure defines assisted reproductive treatment broadly to include egg or sperm donation, embryo donation, intracytoplasmic sperm injection, intrauterine or intracervical insemination, and in vitro fertilization with embryo transfer. A violation is classified as 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, and the child born as a result of the treatment. Available civil remedies include recovery of treatment costs, liquidated damages up to $50,000, compensatory damages, and reasonable attorney’s fees and costs. The bill further allows a child born from the treatment to seek a qualified protective order to access the provider’s medical records and health history, subject to the bill’s procedures and limitations.

Impact

HB645 adds a new section to Maryland’s Criminal Law Article, creating a specific offense related to nonconsensual use of sperm or ovum in assisted reproduction and establishing related civil liability. It expands state law by addressing reproductive fraud directly, rather than relying solely on existing fraud, assault, or civil claims. The bill also creates new rights for affected parents and children, including access to records and a defined damages framework, and it preserves any other remedies available under law.

Sentiment

The bill appears to have broad legislative support. It was reported favorably with amendments by committee, adopted by the House, and passed third reading unanimously with 132 yeas and 0 nays. The voting record suggests strong consensus that the conduct addressed by the bill is serious and warrants both criminal penalties and civil remedies.

Contention

No committee transcript is available, and the final vote was unanimous, so there is little evidence of overt opposition in the record provided. The main policy issues implicit in the bill are the scope of criminal liability, the breadth of the definition of assisted reproductive treatment, the availability of damages and attorney’s fees, and the child’s access to the provider’s medical records and health history. Any contention would likely center on privacy, evidentiary access, and how to balance reproductive autonomy with consent protections, but no specific objections are documented here.